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WorksheetsOBLIGATIONS AND CONTRACTS
Total questions: 85
Worksheet time: 56mins
Whoever pays for another may demand from the debtor in full what he has paid...
if he paid without the knowledge of the debtor
if he paid against the will of the debtor
if he paid with the knowledge of the debtor
if he paid in bad faith
An obligation which the fulfillment is not subject to a period or condition but immediately demandable:
Conditional obligation
Pure obligation
Obligation with a period
None of the above
The obligation where only one party is bound is called...
personal
real
bilateral
unilateral
A ______ contract is one whereby the delivery of the thing is necessary for the perfection of the Contract.
real
personal
bilateral
unilateral
The following are the elements of a Contract, except:
Consideration
Consent
Prestation
Object
A period designated in the obligation is presumed established for the benefit of...
both the debtor and the creditor
benefit of the creditor only
benefit of the debtor only
none
A and B entered into a contract whereby A, a public officer, would resign before his term expires and B would replace him and continue his term.
The contract was for a consideration.
Is the contract binding between the parties? Why?
Yes, because there is consideration
No, because the rights and obligations of the parties are not transmittable by their nature or by provision of law, thus their agreement is contrary to law
Yes, because the parties agreed with the terms and condition
No, because it is contrary to public moral
_______ creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; consequently, it can be carried out only when he who demands ________ can return whatever he may be obliged to restore.
Rescission
Restoration
Annulment
Continuation
Set off; it is a mode of extinguishment to the concurrent amount of the obligation of persons who are in their own right reciprocally debtors or creditors of each other
Novation
Compensation
Consignation
Performance
Extinguishment of obligation by creating/ substituting a new one in its place
Novation
Compensation
Consignation
Performance
The meeting of minds between two persons whereby one binds himself with respect to the other, to give something or to render some services.
Quasi-Contract
Contract
Quasi-Delict
Delict
A contract whereby one party prepared the contract desired by him and he simply ask the other party to sign the contract and agreed with the terms and condition.
Real Contract
Unilateral Contract
Contract of Adhesion
Contract of Condition
A contract which is perfected by mere consent
Consensual
Real
Unilateral
Bilateral
A contract should always be in a written memorandum
True
False
If the true intention of the parties is not expressed in the instrument, the instrument may be reformed/changed.
True
False
Contracts that has caused a particular damage to one of the parties or to a third person and which for a equitable reasons may be set aside even if valid.
Rescissible Contracts
Voidable Contracts
Unenforceable Contracts
Void Contracts
Contracts in which consent of one of the parties is defective, either because of want of capacity or because it is vitiated, but which contract is valid until judicially set aside.
Voidable Contracts
Void Contracts
Unenforceable Contracts
Rescissible Contracts
Contracts that for some reason cannot be enforced or produced no legal effect, unless ratified in the manner provided by law.
Unenforceable Contracts
Void Contracts
Voidable Contracts
Rescissible Contracts
Condition which depends upon the will of one of the contracting parties.
Casual
Potestative
Mixed
None
Condition which depends upon chance or will of third person.
Casual
Potestative
Mixed
None
Condition which depends partly upon chance and upon the will of one of the contracting parties.
Casual
Potestative
Mixed
None
Condition which cannot exist or cannot be done.
Physically Impossible Condition
Legally Impossible Condition
Condition which is contrary to law, morals, good customs, public order or public policy.
Physically Impossible Condition
Legally Impossible Condition
The right to enjoy the use and fruits of a thing belonging to another.
Antichresis
Commodatum
Usufruct
Personal Right
It is the period fixed by the contracting parties.
Contractual Period
Judicial Period
It is the period fixed by court.
Contractual Period
Judicial Period
The conditional obligation is valid if the fulfillment of the condition depends upon the sole will of the debtor.
True
False
The conditional obligation is valid if the fulfillment of the condition depends upon the sole will of the debtor.
True
False
The debtor shall lose the right to make use of the period when he becomes insolvent.
True
False
When the debtor does not furnish the guaranties/securities he promised to the creditor, the creditor may immediately demand the fulfillment of the obligation.
True
False
The creditor cannot demand the fulfillment of the obligation even when the debtor violates an undertaking because it does not mean that the debtor will not pay his debt.
True
False
In alternative obligation, who has the right to choose among the several prestations?
Creditor
Debtor
Judge
Successor-in-interest
When there are several debtors in an obligation, the presumption of liability is ___________.
Joint
Solidary
Equal
Collective
In layman's term, it means "stepping into the shoes of another" or substituting one party for another.
Reimbursement
Subrogation
Remission
Cancellation
The property of the debtor is alienated to the creditor in satisfaction of a debt in money.
Dation in payment
Payment by cession
Another special form of payment. It is assignment or abandonment of all the properties of the debtor for the benefit of his creditors in order that the debt be satisfied.
Dation in payment
Payment by cession
The act of depositing your money in court.
Subrogation
Compensation
Consignation
Reimbursement
The expenses of consignation shall be charged against the ________.
creditor
debtor
The generic thing (genus) never perishes.
True
False
An act of liberality, by virtue of which, without receiving any equivalent, the creditor renounces the enforcement of obligation.
Novation
Compensation
Merger of Rights
Condonation
An extinguishment of obligation whereby the qualities of the creditor and debtor meet in one person with respect to the same obligation.
Condonation
Confusion
Compensation
Novation
If the penal clause is void, the principal obligation is also void.
True
False
The debtor may directly pay to the heirs or successor-in-interest of the creditor even if the creditor can be easily found.
True
False
The sale of a parcel of land through verbal agreement is enforceable.
True
False
The term ______ means any rule of action or any system of uniformity.
Contract
Law
Obligation
_____ is the law of religion and faith which concerns itself with the concept of sin and salvation
Divine Law
Natural Law
Moral Law
State Law
The totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community
Divine Law
Physical Law
Moral Law
Natural Law
All are sources of the law except
Legislation
Constitution
Custom
Jurisprudence
Supreme Court
A ______ is remedial if the object is the indemnification of the person who has suffered damages or injury from a violation of law.
Confiscation
Sanction
Penal
Expulsion
A branch of private law which provides for the means by which private right may be enforced
Civil Procedure
Mercantile Law
Commercial Law
Civil Law
The Civil Code of the Philippines is based mainly on the Civil Code of what country?
Spain
America
China
Singapore
Obligation is derived from the Latin word "obligatio" which means
paying
binding
crediting
debting
The term, ____ is also used to refer to the wrongful violation of the legal right of another
wrong
injury
right
obligation
Blank is that in which the subject matter is a thing which the obligor must deliver to the obligee
Real Obligation
Personal Obligation
Determined Obligation
Service Obligation
Article 1157 enumerates the sources of Obligations: (1) Law, (2) Contracts, (3) Quasi-contracts, (4) Crimes, and (5) Quasi-delicts
True
False
Pass
A _____ is a meeting of minds between two (2) or more persons whereby one binds himself, with respect to the other, to give something or to render some service. (Art. 1305)
conference
court order
special law
contract
Obligation to pay taxes is an example of what source of obligation?
Law
Quasi-contracts
Crimes
Contracts
A source of obligation that arise from damage caused to another through an act or omission, there being fault, or negligence, but no contractual relation exists between the parties.
Quasi-contracts
Quasi-delicts
Law
Contracts
Blank is the voluntary management of the property or affairs of another without the knowledge or consent of the latter.
Solutio Indebiti
Negotiorum Gestio
one in whose favor the obligation is constituted
Active Subject
Passive Subject
The juridical necessity to give, to do, or not to do refers to:
Social Obligation
Civil Obligation
Moral Obligation
Obligee
Which of the following is not an element of a civil obligation?
Active Subject
Passive Subject
Prestation
Sufficient Clause
The active subject of an obligstion is also known as:
Debtor
Obligee
Subject Matter
Obligor
The prestation of an obligation is also known as:
Subject Matter
Debtor
Creditor
Efficient Cause
The passive object of an obligation is slso known as:
Creditor
Obligee
Object
Debtor
The efficient cause of an obligation is also known as:
Active subject
Passive subject
Subject matter
Legal Tie
A civil obligation differs from a natural obligation in that in a civil obligation:
The obligation is enforceable by court of action.
The obligation exists in equity and moral justice.
All of the above
None of the above
The following are sources of obligation, except:
Quasi delicts
Quasi Contracts
Act and omissinos punishable by law.
Quasi Traditionale
The obligation of a husband and eife to love each other is an obligation arising from:
Contract
Law
Quasi Contract
Agreement
F and M are the parents of S, a government employee who is married to D, F is an employee of a private firm, while m is a housewife. While S on an out of town assignment, D was brought to the hospital for medical treatment by F and M, her parents in law. The Hospital wants to collect now from F and M for medical expenses.
Only F is liable because he is the one employed.
Only S, the husband of D is liable as he is the one obliged by law tosupport his wife.
Both F and M are liable because it wasthey who brought D to the hospital.
Non of the above.
An obligation may be modified by:
Changing of the object or principal condition.
Substituting the person of the debtor.
Subrogating a third person i the rights of the creditor.
All of the above
Judicial compensation is one orderedby the court when one of the parties has proven his claim for damages against the other to whom he is also indebted.
True
False
Which of the following is not an element of a civil obligation?
Active Subject
Passive Subject
Prestation
Sufficient Clause
The debt is presumed remitted if the public document evidencing a credit is voluntarily deliverd by the creditor tp the debtor.
True
False
A & b, solidary debtors, owe X and Y, joint creditors, P4k. X may collect:
2k from A and 2k from B
2k from A or 2k from B
1k from A and 1k from B
4k from A or 4k from B
The condition shall deemed fulfilled if the debtor woluntarily prevents its fulfillment.
True
False
An agreement that produces obligations which are not enforeceable in court of justice is not a contract.
True
False
Which of the following is not a real contract?
Depositum
Pledge
Commodatum
Sale of personal property
Which of the foregoing contracts is/are preparatory contract? ( You can choose 2 or more answers)
Contract of Partnership
Contract of Agency
Contract of Non existing parties
A contract where parties give equal or almost equal values ia known as:
Commutative Contract
Compensatory Contract
Aleatory Contract
Equivalent Contract
The sale of a sweepstakes ticket is an example of an aleatory contract.
True
False
Loreta delivered his bicycle to Benjamin for latter's use for one week without any compensation (commodatum). The cause of the cotract is:
The bicycle of Loreto
The generousity of Loreto
Both are correct
Neither are correct
Necessities are those that are indispensable for austenance, dwelling, clothing and which of the following?
Medical attendance
Education
Transportation
All of the foregoing
Mistake as to identity or qualifications of one of the parties will vitiate consent onky when such identity or qualifications have been the principal cause of the contract.
True
False
Aside from violence, the following are the vices of consent, except:
Violence
Intimidation
Undue influence
Persuasion
