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AE1/BAC2

Total questions: 25

Worksheet time: 13mins

Name
Class
Date
1.

Obligations may arise from any of the following, except:

a)

Contracts

b)

Quasi-delicts

c)

Acts or Omission punishable by law

d)

Prestation

e)

Quasi- contracts

2.

It is the voluntary administration of the property of another without his consent.

a)

Negotiorum gestio

b)

Solutio indebiti

c)

Quasi-delict

d)

Contract

3.

It is a wrong committed without any pre-existing relations between the parties.

a)

Natural obligations

b)

quasi-contract

c)

Crime

d)

Quasi-delict

4.

Unless the law or stipulation of the parties requires another standard of care, every person obliged to give something is also obliged to take care of it with:

a)

Extra-ordinary diligence

b)

Diligence of a father of a good family

c)

Diligence of a good father of a family

d)

Good diligence of a father of a family

e)

Paramount diligence

5.

Demand must be made on the due date of the obligation in order for delay to exist in one of the following cases. which it is?

a)

When the obligation does not indicate whether demand must be made or not on due date.

b)

When it was stipulated by the parties that demand need not be made.

c)

When the law provides that demand need not be made.

d)

When time is of the essence of the contract.

6.

This refers to delay on the pat of creditor.

a)

Mora Solvendi ex re

b)

Compensatio morae

c)

Mora solvendi ex persona

d)

mora accipiendi

7.

There shall be no liability for loss due to fortuitous events in one of the following case. which is it?

a)

when the debtor delay

b)

when the parties so stipulated that there shall be liability even in case of loss due to fortuitous events.

c)

when the nature of the obligation requires the assumption risks.

d)

when the obligation is to deliver a determinate thing and there was no stipulation as to the liability of the debtor in case of loss due to fortuitous events.

8.

The following are the remedies of the creditor to pursue his claims against the debtor, except to:

a)

pursue the property owned and in possession of the debtor

b)

exercise all the rights and bring all actions of the debtor (accion subrogatoria)

c)

impugn the acts which the debtor may have done to defraud his creditors (accion pauliana)

d)

compel the debtor to perform the service in obligations to do.

9.

D borrowed P50,000.00 from C. C dies before he has collected the debt leaving S, his son, as heir. which of the following statement is correct?

a)

S can collect from D although D and C did not agree that the right to the debt will pass on to the heirs of C.

b)

S cannot collect because the credit right is personal to C.

c)

S can collect only if D and C agreed that the right to the debt will pass on the heirs of C.

d)

S cannot collect because the law prohibits the transmission of the credit right.

10.

D is obliged to give C a specific car if C passes the CPA Examination. D's obligation is an example of:

a)

a pure obligation

b)

an obligation with a suspensive condition

c)

an obligation with a resolutory condition

d)

an obligation with a period

11.

One of the following is void obligation.

a)

D is obliged to Give C P5,000.00 if C does not go to the moon.

b)

D is obliged to give C P5,000.00 if D goes to Baguio.

c)

D is obliged to give C P5,000.00 if C goes to Baguio.

d)

D is obliged to give C P5,000.00 if D wins first prize in the sweepstakes on a ticket that he had already purchased.

12.

One of the following is not immediately demandable.

a)

pure obligation

b)

obligation with a resolutory condition.

c)

obligation with an in diem period.

d)

obligation with an ex die period.

13.

When the debtor binds himself to pay when his means permit him to do so, the obligation is:

a)

an obligation with a resolutory condition

b)

a pure obligation

c)

an obligation with a suspensive condition.

d)

an obligation with a suspensive period.

14.

The debtor shall lose the right to make use of the period in the following cases, except:

a)

when he becomes insolvent

b)

when he violates any undertaking in consideration of which the creditor agreed to the period.

c)

when the debtors attempt to abscond.

d)

when he does not furnish any guaranty or security to the creditor.

15.

D is obliged to give C a specific watch, a specific ring, or a specific bracelet. the parties agreed that C will have the right to choose the thing which will be given to him. before C could make his choice, the watch and the ring are lost through D's fault, successively. what is the right of C?

a)

C may choose the delivery to him of the bracelet, or the price of the price of the of the ring plus damages.

b)

C cannot choose the price of the watch or the price of the ring because the said objects have already been lost.

c)

C can only choose to have the bracelet because anyway, D can still perform his obligation.

d)

C can only choose to have delivery of the bracelet or the price of the ring which was the last item that was lost plus damages.

16.

D is obliged to give C a specific ring. the parties agreed that D may give a specific bracelet as substitute. which of the following statement is true?

a)

If the ring is lost thriugh a fortuitous event before substitution, the obligation is extinguished.

b)

If the bracelet is lost through a fortuitous event befopre substitution, te obligation is extinguished.

c)

If the ring is lost through a fortuitous event after substitution, the obligation is extinguished.

d)

If the ring is lost through the debtor's fault after substitution, the debtor shall pay damages.

17.

A, B, C and D are obliged to give V, W, X Y and Z P20,000.00

a)

V may collect from A P20,000.00

b)

V may collect from A P5,000.00

c)

V may collect from A P1,000.00

d)

V may collect A P4,000.00

18.

A, B, C and D, joint debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P20,000.00.

a)

V may collect from B P20,000.00

b)

V may collect from B P4,000.00

c)

V may collect from B P5,000.00

d)

V may collect from B P1,000.00

19.

A, B, C and D, solidary debtors, are obliged to give to give V, W, X, Y and Z, joint creditors, P20,000.00

a)

V may collect from C P20,000.00

b)

V may collect from C P4,000.

00

c)

V may collect from C P5,000.00

d)

V may collect from C P1,000.00

20.

A, B, C and D, solidary debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P20, 000.00.

a)

V may collevt from D P20,000.00

b)

V may collect from D P4,000.00

c)

V may collect from D P5,000.00

d)

V may collect from D P1,000.00

21.

A, 25 y/o, B, 35 y/o and C 17 y/o, are solidary debtors of X in the amount of P9,000.00.

a)

X may collect from A P9,000.00

b)

X may collect from A P6,000.00

c)

X may collect from A P1,000.00.

d)

X may collect nothing because the obligation is voidable, C being a minor.

22.

The following obligations are divisible, except an:

a)

obligation to give definite things.

b)

obligation which has for its object the execution of a certain number of days of work.

c)

obligation which has for its object the accomplishment of work by metrical units.

d)

obligation which by its nature is susceptible of partial performance.

23.

An obligation ceases to be alternative and becomes a simple obligation in the following cases, except:

a)

when the debtor has communicated his choice to the creditor.

b)

when the right of choice has been expressly granted and his choice has been communicated to the debtor.

c)

when among the several prestations that are due only one is practicable.

d)

when three prestations are due but one of them is unlawful or impossible.

24.

The delivery and transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of performance is known as:

a)

payment by cession

b)

dation in payment

c)

application of payment

d)

consignation

25.

The following are the requisites of an obligation, except:

a)

Passive subject, debtor or obligor

b)

active subject, creditor or obligee.

c)

efficient cause

d)

demand