Font size
WorksheetsMIDTERM EXAM
Total questions: 50
Worksheet time: 31mins
The delivery to and acceptance by the creditor of a cashier’s check produces the effect of payment of the debtor’s obligation.
TRUE
FALSE
Payment by cession does not always extinguish the whole obligation.
TRUE
FALSE
Legal subrogation requires the consent of the original parties and of the third person.
TRUE
FALSE
In novation, if the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event.
TRUE
FALSE
When the principal obligation is extinguished in consequence of a novation, accessory obligations subsist.
TRUE
FALSE
Novation may be made even without the knowledge of the creditor.
TRUE
FALSE
Payment shall be made to one of the parties to the constitution of the obligation to extinguish the obligation.
TRUE
FALSE
Payment made in good faith to any person in possession of the evidence of credit shall release the debtor.
TRUE
FALSE
Dation in payment is governed by the law of sales.
TRUE
FALSE
Legal compensation shall not be proper when one of the debts arises from a depositum.
TRUE
FALSE
If a person should have against him several debts which are susceptible of compensation, the rules on the application of payments shall apply to the order of the compensation.
TRUE
FALSE
In partial compensation, no obligation is extinguished.
TRUE
FALSE
When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided.
TRUE
FALSE
. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of payment shall be the basis of payment.
TRUE
FALSE
If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered.
TRUE
FALSE
An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed due to a fortuitous event.
TRUE
FALSE
Compensation shall take place in reciprocal obligations.
TRUE
FALSE
The guarantor may not set up compensation as regards what the creditor may owe the principal debtor
TRUE
FALSE
The obligation is extinguished from the time the characters of the creditor and debtor are compensated in the same person.
TRUE
FALSE
in a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000: How much can A validly demand from V?
(a)
Payment made by the debtor to a third person who is not the creditor shall never extinguish the obligation.
TRUE
FALSE
in a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000:
How much can V recover from W if he paid the amount that A can compel him to pay?
(a)
in a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000:
How much should A give to B if V paid him the amount that he can compel V to pay?
(a)
In a solidary obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000:
How much can A validly demand from X?
(a)
In a solidary obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000:
How much can X recover from W if he paid the amount that A can compel him to pay?
(a)
In a solidary obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000:
How much should A give to B if X paid him the amount that he can compel X to pay?
(a)
In a passive solidarity with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000:
How much can A validly demand from V?
(a)
In a passive solidarity with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000:
How much can V recover from Z if he paid the amount that A can compel him to pay?
(a)
In a passive solidarity with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000:
How much should A give to B if V paid him the amount that he can compel V to pay?
(a)
In a solidary obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000 and V is insolvent:
How much can A validly demand from X?
(a)
In a solidary obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000 and V is insolvent:
How much can X recover from Y if he paid the amount that A can compel him to pay?
(a)
In a solidary obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000 and V is insolvent:
How much should A give to B if X paid him the amount that he can compel X to pay?
(a)
In a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000 where V is insolvent:
How much can A validly demand X?
(a)
In a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000 where V is insolvent:
How much can X recover from Y if he paid the amount that A can compel him to pay?
(a)
In a joint obligation with V, W, X, Y and Z as debtors and A and B as creditors in the amount of P900,000 where V is insolvent:
How much should A give to B if X paid him the amount that he can compel X to pay?
(a)
In three of the following cases, compensation shall NOT be proper. Which is the exception?
commodatum
gratuitous support
civil liability arising out of criminal offenses
bank deposit
When two persons in their own right are debtors and creditors of each other, there is:
When two persons in their own right are debtors and creditors of each other, there is:
compensation
consignation
novation
A owes X P50,000 payable on or before June 30, 1999. S, who is not a party to the contract and without the consent and against the will of A, paid X the P50,000 on April 1, 1999 when the prevailing rate of interest was 12% per annum.
S can ask reimbursement from A in the amount of P50,000 plus 12% interest from April 1 to June 30, 1999.
S can ask reimbursement from A in the amount of P50,000.
S cannot ask reimbursement from A because the payment by S is without the consent and against the will of A.
S can ask refund from X because the payment by S was against the will of A.
When an obligation is extinguished because of the passage of time, this is:
fulfillment of a resolutory condition
arrival of a resolutory period
novation
rescission
The following shall produce the effect of payment of debts:
delivery of check
tender of central bank notes
delivery of promissory note
dacion en pago
Which of the following will NOT necessarily extinguish an obligation?
Condonation
Novation
Death of the obligor
mutual dissent
If a person pays the creditor without the knowledge or against the will of the debtor, the following are true, EXCEPT:
He can recover only insofar as the payment has been beneficial to the debtor.
He cannot recover the amount from the creditor as payment of what is not due.
His remedy is only a simple personal action for reimbursement.
He can be subrogated to the rights of the creditor if the latter agrees.
Payment made to a third person will NOT be valid if:
The payment redounded to the benefit of the creditor.
The payment was made to a person in possession of evidence of credit.
The payment was given to the original creditor after an assignment of the credit without notice to the debtor.
The payment was made to an agent of the creditor who was authorized to receive payment.
Which of the following will always extinguish an obligation?
tender of payment
insolvency of the debtor
death of the obligor
none of the above
X owes Y P40,000. With the consent of both parties, Z pays Y P20,000 which makes Y and Z creditors of X to the amount of P20,000 each. X becomes bankrupt and has only P20,000 assets left.
Z should get the P20,000.
Y and Z should divide the P20,000 equally.
X may choose whom to pay
Y should get the P20,000.
Bertulfo and Claudio promised to deliver a particular car valued at P100,000 to Manuela on or before September 15, 1999. September 15, 1999 came and upon demand by Manuela for delivery from Bertulfo and Claudio, Bertulfo was willing to deliver but Claudio refused to deliver. Thereafter, the car was destroyed. In this case:
An action for specific performance will lia against both Bertuflo and Claudio.
Both Bertulfo and Claudio shall be liable for P50,000 each with damages.
Bertulfo shall be liable for P50,000 without damages and Claudio shall be liable for P50,000 and damages.
An action for specific performance will lie against Claudio only because of his refusal.
In an obligation where only one prestation has been agreed upon, but to extinguish the obligation, the debtor is allowed to render another prestation, the obligation is:
Disjunctive obligation
Facultative obligation
Obligation with penal clause
Alternative obligation
Joint obligation
An obligation ceases to be alternative and becomes a simple obligation:
When the debtor has already made a choice
When the creditor has already made a choice
When the choice of the debtor is consented to by the creditor
When the choice of the creditor is consented to by the debtor
None of the above
It refers to a joint obligation:
One in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation.
One in which either one of the parties is indispensable and the other is not necessary.
One in which the obligation of one is a resolutory condition of the obligation of the other, the non0fulfillment of which entitles the other party to rescind the contract.
One in which each of the debtors is liable only for a proportionate part of the debt and each creditor is entitled only for a proportionate part of the credit.
A and B are solidary debtor of X and Y, solidary creditors to the amount of P4,000. On the due date, X renounced gratuitously in favor of A the entire obligation. Which of the following is correct?
B shall give A P2,000
Y can still collect from B P2,000
Any of the two
None of the above
