WorksheetsOBLICON CHAP 3 (REVIEW ONLY)
Total questions: 85
Worksheet time: 53mins
an obligation which is not subject to any condition and no specific date
(a)
an obligation whose consequences are subject in one way or another to the fulfillment of a condition
(a)
It is a future and uncertain event
(a)
Two characteristic of condition
Future and uncertain/ Past but unknown
Suspensive condition/Resolutory condition
Future/ Suspensive
Resolutory condition/ Past but unknown
Distinction between suspensive and resolutory conditions
the resolutory condition is fulfilled, the obligation arises, while if the suspensive condition is fulfilled, the obligation is extinguished.
the suspensive condition is fulfilled, the obligation arises, while if the resolutory condition is fulfilled, the obligation is extinguished.
the suspensive condition is not fulfilled, the obligation arises, while if the resolutory condition is fulfilled, the obligation is extinguished.
the suspensive condition is fulfilled, the obligation arises, while if the resolutory condition is not fulfilled, the obligation is extinguished.
which of the following is not true when obligation is demandable at once
When it is pure
When it is subject to resolutory condition
When it is subject to a resolutory period.
When it has acquisition of rights
Past event unknown to the parties is a condition that refers only to an uncertain and future event
True
False
it is a future and certain event upon the arrival of which the obligation subject to it either arises or is extinguished
Period
Condition
Obligation
Rights
During the pendency of the suspensive condition, the creditor has only a mere hope or expectancy of acquiring a right
Loss of rights already acquired
Obligation
Acquisition of rights
Period
Which of the following belong to the classification of conditions
As to effect
As to cause or origin
As to mode
As to divisibility
As to arises
A condition suspensive in nature and which depends upon the sole will of one of the contracting parties.
Future and uncertain
Resolutory Condition
Suspensive Condition
Potestative Condition
If the suspensive condition depends upon chance or upon the will of a third person, the obligation subject to it is valid.
Casual conditions
Causal condition
Mixed condition
Potestative condition
It is a condition in which an obligation is valid if the suspensive condition depends partly upon the will of a third person.
(a)
suspensive condition depends partly upon the will of debtor is included in Article 1181
True
False, Article 1182
In Conditional obligation void the potestative condition depends solely upon the will of debtor, the conditional obligation shall be void because its validity and compliance is left to the will of the debtor and it cannot be easily demanded.
True
False, Only the condition void
Maybe
Where does the Article 1183 applies?
It applies to cases where the impossibility already existed at the time the conditions were constituted
It applies to cases where the possibility already existed at the time the obligations were constituted
It applies only to cases where the impossibility already existed at the time the obligations were constituted
It applies to cases where the possibility already existed at the time the contracts were constituted
a kind of impossible conditions when they, in the nature of things, cannot exist or cannot be done
Physically impossible conditions
Legally impossible conditions
non legal impossible conditions
mixed conditions
Legally impossible conditions is when they are contrary to law, morals, good customs, public order, or public policy.
True
False, Physically impossible conditions
False, when they are not contrary to law, morals, good customs, public order, or public policy.
All of the following are the effects of impossible conditions except for one
Conditional obligation void
Conditional obligation void
Only the affected conditional void
Only the affected obligation void
Only the condition void
This article refers to positive (suspensive) conditions - the happening of an event at a determinate time.
(a)
Refers to negative (suspensive) conditions - that an event will not happen at a determinate time
(a)
What are the requisites of constructive fulfillment of suspensive condition
condition is suspensive
The obligor actually prevents the fulfillment of the condition
The obligee actually prevents the fulfillment of the condition
He acts voluntarily
In reciprocal obligations it is said that no retroactive effect because they are gratuitous, debtor receives nothing from the creditor.
True
False, no retroactivity because the fruits and interests received during the pendency of the condition are deemed to have been mutually compensated.
False, Unilateral Obligations
Rights of creditor may take or bring appropriate actions for the preservation of his right
True
False, Rights of debtor
False, entitled to recover what he has paid by mistake prior to the happening of the suspensive condition.
It is a kind of loss when a thing perishes as when a house is burned and reduced to ashes
(a)
kind of loss when a thing heretofore legal becomes illegal
(a)
kind of loss when a thing disappears in such a way that its existence is unknown, it cannot be recovered
(a)
In____________ the courts shall determine the retroactive effect of the fulfillment of the resolutory condition
In obligations to do or not to do
In obligations to give
when only one party is obliged to comply with a prestation
(a)
when both parties are mutually bound to each other.
(a)
arise from the same cause and in which each party is a debtor and creditor of the other.
Reciprocal obligations
Non-reciprocal obligations
Obligations
Contracts
Non-reciprocal obligations does not impose simultaneous and correlative performance on both parties.
True
False, Obligation
False, Contracts
court shall order the rescission claimed unless there should be just cause for granting the party in default term or period for the performance of his obligation
True
False, shall not order the rescission claimed unless there should be just cause for granting the party in default term or period for the performance of his obligation
Remedies are alternative
True
False, are not alternative
According to Resort to the courts no person can take justice in his own hands and decide by himself what are his rights in the matter.
True
False, Power of court to fix period
False, Slight or substantial violation
False, Compliance by aggrieved party with his obligation
Where both parties guilty of breach, first infractor known
One party violated his obligation followed by the other, but it cannot be determined which of them was the first infractor.
One party violated his obligation; subsequently, the other also violated his part of the obligation.
general rule is that rescission will not be granted for slight or casual breaches of contract.
In the absence of any just cause for the court to determine the period of compliance, the court shall decree the rescission.
Sensitive period (ex die)
obligation begins only from a
day
obligation is demandable at
once
period provided by law.
period agreed by the
parties.
which among the following is incorrect statement
Definite period-Fixed or it is known when it will come.
Resolutory period-obligation is demandable at
once but is terminated upon the arrival of the period.
Legal period- period provided by law.
Conventional or voluntary period – A period agreed by the
parties.
Judicial-Not fixed or it is not known when it will
come.
If the thing is lost without the fault of the debtor, the obligation
shall be extinguished;
True
False, contract shall be extinguished
maybe
Period is presumed to have been established for the benefit of
both debtor and creditor.
False, Condition
True
False, obilgation
Term is for the benefit of the debtor alone
Cannot be compelled
to pay prematurely, but he can if he desires to do it.
May demand fulfillment
before the arrival of the term but the debtor cannot require him to
accept payment before the expiration of the stipulated period.
the debtor may not fulfill
the obligation, and neither the creditor may demand its
fulfillment without consent.
Computation of a term or period
Both
Legal Period
Calendar Month
This article has no application to personal obligations
(obligation to do or not to do) because in positive personal
obligation, it is physically impossible to recover the service
rendered.
Article 1190
Article 1189
Article 1193
Article 1195
the existence of the obligation is not
affected; it is the performance with respect to time that is left to
the will of the debtor.
(a)
if the obligation is subject to a condition
that depends upon the debtor’s sole will, the conditional obligation
is void.
(a)
Kinds of obligation according to object
Simple Obligation only
Compound Obligation only
Both
Conjunctive Obligation
there are several prestations and all
are due
two (2) or more of the prestations
are due.
several prestations are due but the
performance of one is sufficient
several prestations are due but the
performance of one is sufficient
What are the two prestation of distributive obligations
Simple Obligation,Compound Obligation
Existence of obligation,Validity of obligation
Alternative Obligation, Facultative Obligation
none of the above
debtor cannot choose prestations that are impossible,
unlawful, or which are not the object of the obligation. These
prestations are void.
True
False, debtor can choose prestations and are possible.
The obligation remains alternative until the
choice is made and communicated.
(a)
burden of proving that such
communication has been made is upon who made the choice.
(a)
The loss or deterioration of the thing intended as a substitute,
through the negligence of the obligor, does not render him liable.
False, does render him liable
False, intended as a condition
True
one prestation has been agreed upon but
the obligor may render another in substitution.
(a)
Kinds of obligations according to the number of parties: ________one where there is only one obligor or one
obligee.
Collective Obligation
Individual Obligation
Compound Obligation
Simple Obligation
one where there are two or more debtors
and/or two or more creditors. It may be joint or solidarity.
Collective Obligation
Individual Obligation
Compound Obligation
Simple Obligation
difference of Joint obligation & Solidary obligation
Joint obligation- where the whole obligation is to be paid or
fulfilled proportionately by the different debtors, Solidary obligation where each one of the debtors is bound
to render and/or each one of the creditors has a right to demand
from any of the debtors,
Solidary obligation- where the whole obligation is to be paid or
fulfilled proportionately by the different debtors, Joint obligation where each one of the debtors is bound
to render and/or each one of the creditors has a right to demand
from any of the debtors,
Both
None of the above
Kinds of solidarity according to the parties bound:
Passive solidarity, Active solidarity, Mixed solidarity
Conventional solidarity,Legal solidarity, Real solidarity
Passive solidarity, Legal solidarity, Mixed solidarity
none of the above
where solidarity is imposed by the nature of the
obligation.
Legal Solidarity
Real Solidaruty
Conventional solidarity
Mixed solidarity
It is joint because the parties are
merely proportionately liable.
Legal solidarity
Conventional solidarity
Joint Indivisible Obligation
Active solidarity
Difference of Indivisibility and Soliditary
Indivisibility refers to prestation while the Soliditary refers to Juridical or legal tie
Soliditary refers to prestation while the Indivisibility refers to Juridical or legal tie
both
none of the above
Difference of Indivisible Obligation & Solidary Obligation
In Indivisible Obligation only the debtor guilty of breach of obligation is liable for damages while Solidary Obligation all of the debtors are liable for the breach of the obligation committed by a co-debtor
In Indivisible Obligation all of the debtors are liable for the breach of the obligation committed by a co-debtor while Solidary Obligation only the debtor guilty of breach of obligation is liable for damages while
both
none of the above
Indivisibility may exist although the creditors and the
debtors may not be bound in the same manner and by the same
periods and conditions.
True
False, Solidarity
False, Obligations
False, Period
Kinds of solidary obligation according to the legal tie: (a) when the parties are bound by the same stipulation.
Liability of solidary creditor: obligations are modified by: changing their
object or principal conditions; substituting the person of the
debtor; and subrogating (placing) a third person in the rights of the
creditor.
Compensation (Art. 1278)
Confusion (Art. 1275)
Novation (Art. 1291)
Remission (Art.1270)
takes place when two persons, in their
own right, become creditors and debtors of each other.
Novation (Art. 1291)
Remission (Art.1270)
Confusion (Art. 1275)
Compensation (Art. 1278)
Effects of payment by a solidary debtor: _______payment made by
one of the solidary debtors extinguishes the obligation.
Between the solidary debtors and creditors
Among the solidary debtors
Among the solidary creditors
none of the above
(a) when one acquires ownership and other rights
through the lapse of time in the manner and under the conditions
laid down by law.
one the object of which, in its delivery or
performance, is capable of partial fulfillment.
Divisible obligation
Indivisible obligation
one the object of which, in its delivery or
performance, is not capable of partial fulfillment.
Divisible obligation
Indivisible obligation
based on quality, not on number or
quantity of the things that are the object of the obligation.
Qualitative division
Quantitative division
Ideal or Intellectual division
one which exists only in the minds
of the parties.
Ideal or Intellectual division
Quantitative division
Qualitative division
kinds of indivisibility where the will of the parties makes
as indivisible, obligations’ nature is divisible.
Legal indivisibility
Conventional indivisibility
Natural indivisibility
all of the above
Kinds of indivisibility where a specific provision of law declares as
indivisible, obligations’ nature is divisible.
Conventional indivisibility
Natural indivisibility
all of the above
Legal indivisibility
Choose all of the correct answers, which of the following is considered as divisible Obligations
Obligations which have for their object the execution of a
certain number days of work
Obligations which have for their object the accomplishment of
work measured in units
Obligations to give definite things
Obligations which by their nature are susceptible of partial
performance.
Obligations which are not susceptible of partial performance
Obligations "to do" and "not to do" are generally divisible.
True
False, genarally indivisibility
False, generally indivisible
Maybe
one that can stand by itself and does not
depend on its validity and existence of another obligation.
Principal Obligation
Accessory Obligation
Joint Indivisible Obligation
all of the above
an accessory attached to an obligation to assume
greater liability in case of a breach.
(a)
choose all the correct answers, which of the following statements is considered as a distinction of penal clause to condition
Penal clause constitutes an obligation although accessory while condition does not constitute obligation
Penal clause may be demandable by default of the unperformed obligation and sometimes jointly with it while the condition is never demandable
Penal clause constitutes an obligation although while condition may be demandable by default of the unperformed obligation and sometimes jointly with it
all of the above
All of the following statements about kinds of penal clause are correct except:
As to origin: Legal Penal Clause,Conventional Penal Clause
As to its purpose: Compensatory Penal Clause- penalty takes the place of
damages.
As to its demandability or effect: Subsidiary or alternative Penal Clause, Joint or Cumulative Penal Clause
As to origin: Compensatory Penal Clause, Punitive Penal Clause
In obligation with a penal clause, the penalty takes
the place of indemnity for damages and the payment of interests
in case of non-compliance.
True
False, condition
False, Indivisibility
False, Period
Penalty may be enforced when it is demandable.
True
False, Obligation
False, Period
When penal clause joint, The creditor cannot demand the fulfillment of the obligation and the satisfaction of the penalty at the same time.
True
False, When penal clause joint, The debtor has the right to pay a penalty in lieu of performance
only when this right has been expressly reserved for him.
False, When indivisibility, The creditor cannot demand the fulfillment of the obligation and the satisfaction of the penalty at the same time.
Effect of nullity of the penal clause: If the penal clause is void, the principal obligation remains valid and demandable.
True
False the principal obligation remains invalid and indemandable.
Penalty demandable without proof of actual damages: The creditor may enforce a penalty whether he suffered damages or not, but he cannot recover more than the
stipulated penalty.
True
False, The creditor must prove the amount of damage that he
suffered from the breach of obligation so it may be recovered.
Effect of remission of share after payment: There is no more obligation to remit if the payment is made already.
True
False, If the delay is on the parts of the debtors even if it is through a
fortuitous event, all will be liable.
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