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OBLICON MTE Introduction to 1230

Total questions: 205

Worksheet time: 2hrs 43mins

Name
Class
Date
1.

Rule of conduct, just, obligatory, promulgated by legitimate authority and of common observance and benefit.

a)

Law

b)

Contract

c)

Quasi-contract

d)

Delict

2.

A charactistic of law that means it is a system of action and how we behave or act in the society.

a)

Law

b)

Rule of conduct

c)

Just and obligatory

d)

Contract

3.

A characteristic of law that means it is fair to all and mandatory or compulsory.

a)

Rule of conduct

b)

Just and obligatory

c)

Promulgated by legitimate authority

d)

And of common observance and benefit

4.

A characteristic of law wherein it means that it is created by the Executive.

a)

Rule of conduct

b)

Just and obligatory

c)

Promulgated by legitimate authority

d)

And of common observance and benefit

5.

A characteristic of law that means everybody has to comply because nobody is exempted from the law. We have law to have order in a society.

a)

Rule of conduct

b)

Just and obligatory

c)

Promulgated by legitimate authority

d)

And of common observance and benefit

6.

It is the synonym of state law.

a)

Civil law

b)

Adjective law

c)

Substantive law

d)

Criminal law

7.

It is the highest law of the land.

a)

Constitution

b)

Supreme court

c)

Jurisprudence

d)

Legislative

8.

It is created by the Legislative.

a)

Administrative orders, rules, and regulations

b)

Taxation

c)

Executive orders

d)

Enacted or Statute Law

9.

It is what the decisions of Supreme Court called.

a)

Judicial decisions / Jurisprudence

b)

Stare Decisis

c)

Legislation

d)

Constitution

10.

It is the effect of the decisions of Supreme Court.

a)

Jurisprudence

b)

Substantive

c)

Remedial

d)

Doctrine of Precedent / Stare Decisis

11.

These are the sources of law except:

a)

Constitution

b)

Legislative

c)

Legislation

d)

Jurisprudence

12.

It is the branch of the government that creates the laws.

a)

Executive

b)

Judiciary / Judicial

c)

Legislative / Congress

d)

Legislation

13.

It is the branch of the government that enforces the laws.

a)

Executive

b)

Judiciary / Judicial

c)

Legislative / Congress

d)

Legislation

14.

It is the branch of the government that decides the laws.

a)

Executive

b)

Judiciary / Judicial

c)

Legislative / Congress

d)

Legislation

15.

It is the highest court of the land.

a)

Regional Trial Court

b)

Court of Appeals

c)

Supreme Court

d)

MTC

16.

These are the Independent Constitutional Commissions except:

a)

Civil service commission

b)

COMELEC

c)

COA

d)

RTC

17.

It is an administrative body that creates and implements the laws.

a)

Quasi-Legislative

b)

Quasi-Judiciary

c)

Quasi-Contract

d)

Quasi-Delict

18.

It is an administrative body that implements and decides the laws.

a)

Quasi-Legislative

b)

Quasi-Judiciary

c)

Quasi-Contract

d)

Quasi-Delict

19.

It is a classification of the law as to its purpose that creates and defines the right and duties of the parties.

a)

Adjective

b)

Remedial

c)

Substantive

d)

Public

20.

It is a classification of the law as to its purpose that is the cure or remedy of the parties.

a)

Substantive

b)

Adjective / Remedial

c)

Public

d)

Private

21.

It is a classification of the law as to its subject matter that regulates the state and the people.

a)

Adjective

b)

Substantive

c)

Public

d)

Private

22.

It is a classification of the law as to its subject matter that is for purely private ends.

a)

Substantive

b)

Public

c)

Private

d)

Adjective

23.

It is the title of the law.

a)

Civil Code of the Philippines

b)

Law

c)

Republic Act

d)

Constitution

24.

It is the citation of the law.

a)

Civil Code of the Philippines

b)

RA 386

c)

RA 345

d)

RA 400

25.

It is the date of effectivity of the law.

a)

August 30, 1950

b)

February 19, 1860

c)

April 30, 1960

d)

December 31, 1990

26.

It is the Latin translation of "Ignorance of the law excuses no one from compliance therewith."

a)

Nemo Est Suprema Lex

b)

Ignorantia Legis Neminem Excusat

c)

Dura Lex Sed Lex

d)

Bonum Paterfamilia

27.

It is the Latin translation of "No one is above the law."

a)

Ignorantia Legis Neminem Excusat

b)

Dura Lex Sed Lex

c)

Bonum Paterfamilia

d)

Nemo Est Suprema Lex

28.

It is the Latin translation of "The law may be harsh but it is the law."

a)

Ignorantia Legis Neminem Excusat

b)

Bonum Paterfamilia

c)

Nemo Est Suprema Lex

d)

Dura Lex Sed Lex

29.

It is a Juridical necessity to give, to do, or not to do.

a)

Obligation

b)

Contract

c)

Law

d)

Quasi-Contract

30.

It is a Latin word that means tying or binding.

a)

Obligacia

b)

Obligat

c)

Obligatio

d)

Oblicon

31.

It is an obligation to give or deliver.

a)

Personal

b)

Real

c)

Civil

d)

Natural

32.

It is an obligation to do.

a)

Positive Personal

b)

Negative Personal

c)

Civil

d)

Natural

33.

It is an obligation not to do.

a)

Positive Personal

b)

Negative Personal

c)

Civil

d)

Natural

34.

A will give a specific car to B.

a)

Personal obligation

b)

Real obligation

c)

Civil obligation

d)

Natural obligation

35.

A promised to sing to B.

a)

Real obligation

b)

Positive Personal obligation

c)

Negative Personal obligation

d)

Civil obligation

36.

A promised not to marry to B.

a)

Real obligation

b)

Civil obligation

c)

Positive personal obligation

d)

Negative Personal obligation

37.

It is a positive law and can be enforceable or demandable.

a)

Civil obligation

b)

Real obligation

c)

Personal obligation

d)

Natural obligation

38.

It is an equity and natural law and cannot be demanded.

a)

Real obligation

b)

Natural obligation

c)

Civil obligation

d)

Personal obligation

39.

It is the statute of limitations or called as expiration in layman's term.

a)

Prescription

b)

Time

c)

Due date

d)

Meager

40.

The prescription of a written contract in years.

a)

6

b)

4

c)

1

d)

10

41.

The prescription of an oral contract in years.

a)

10

b)

6

c)

4

d)

1

42.

A loaned P9000 from B on October 1, 2000, provided that there is a written contract made with a due date on November 30, 2000. What is the obligation present on December 31, 2005?

a)

Natural

b)

Civil

c)

Real

d)

Personal

43.

A loaned P9000 from B on October 1, 2000, provided that there is a written contract made with a due date on November 30, 2000. What is the obligation present on December 31, 2020?

a)

Real

b)

Personal

c)

Civil

d)

Natural

44.

These are essential requisites of Obligation except:

a)

Creditor

b)

Debtor

c)

Third Party

d)

Prestation

45.

An essential requisite of Obligation that can demand the obligation.

a)

Debtor

b)

Creditor

c)

Prestation

d)

Juridical Vinculum

46.

An essential requisite of Obligation that performs or pays the obligation.

a)

Creditor

b)

Debtor

c)

Prestation

d)

Juridical Vinculum

47.

An essential requisite of Obligation that is the subject matter of obligation.

a)

Creditor

b)

Debtor

c)

Prestation

d)

Juridical Vinculum

48.

An essential requisite of Obligation that is the reason or binds of the obligation.

a)

Creditor

b)

Debtor

c)

Prestation

d)

Juridical Vinculum

49.

It is the one who has the right to complain or file a case.

a)

Right

b)

Wrong

c)

Plaintiff

d)

Defendant

50.

It is the one who is supposed to do the obligation but did not do it.

a)

Right

b)

Wrong

c)

Plaintiff

d)

Defendant

51.

These are the sources of obligation except:

a)

Law

b)

Contracts

c)

Quasi-contracts

d)

Delict

e)

Ordinary

52.

It arises from lawful, voluntary, and unilateral acts.

a)

Law

b)

Contracts

c)

Quasi-contracts

d)

Quasi-delict

53.

These are kinds of Quasi-Contract except:

a)

Negotiorum Gestio

b)

Delict

c)

Solutio Indebiti

54.

It is when the third person manages the property without the consent of the owner.

a)

Solutio Indebiti

b)

Negotiorum Gestio

c)

Quasi-delict

d)

Contract

55.

It is when you received a payment by mistake from someone.

a)

Solutio Indebiti

b)

Negotiorum Gestio

c)

Civil

d)

Criminal

56.

These are acts or omissions punishable by law.

a)

Quasi-delict

b)

Delict

c)

Contract

d)

Quasi-contract

57.

Every person criminally liable is not civilly liable.

a)

True

b)

False

58.

These are the kinds of liabilities of Delict except:

a)

Civil

b)

Administrative

c)

Criminal

59.

When there is no contract but there is damage caused due to negligence.

a)

Quasi-delict

b)

Quasi-contract

c)

Contract

d)

Delict

60.

It is the contract between the driver and passenger.

a)

Common carrier

b)

Common carriage

c)

Common contract

d)

Contract

61.

Obligations are not presumed.

a)

Civil

b)

Natural

c)

Legal

d)

Penal

62.

Obligations arising from contracts have. the force of law between the contracting parties and. should be complied with in good faith.

a)

Legal

b)

Penal

c)

Civil

d)

Contractual

63.

These are scopes of civil liability except:

a)

Reparation

b)

Restitution

c)

Unjust enrichment

d)

Indemnification

64.

These are the basic obligations of the thing except:

a)

To preserve and take good care of the thing

b)

To deliver the thing including the fruits

c)

To deliver all accessions and accessories

d)

To confine to a particular class

65.

It is a thing that is determined by its class and can be replaced.

a)

Generic

b)

Determinate

c)

Specific

d)

Ordinary

66.

It is a thing that is determined by its individuality and cannot be replaced.

a)

Generic

b)

Determinate

c)

Right

d)

Ordinary

67.

It is the EXCEPTION of a generic thing wherein it is confined to a particular class.

a)

Limited determinate thing

b)

Limited specific thing

c)

Limited generic thing

d)

Limited Ordinary thing

68.

A promised to give B a Red Honda car.

a)

Generic

b)

Specific

c)

Civil

d)

Natural

69.

A promised to give B a Black Mitsubishi with a plate no. XYZ 123.

a)

Generic

b)

Specific

c)

Civil

d)

Natural

70.

It is the highest or utmost diligence.

a)

Ordinary

b)

Extraordinary

c)

Slight

d)

Meager

71.

It is the diligence required by the law.

a)

Extraordinary

b)

Ordinary

c)

Slight

d)

Meager

72.

These are the diligence required except:

a)

By provision of law

b)

By stipulation of parties

c)

By the interest

d)

In the absence of both, apply DGFF

73.

Meaning of DGFF

(a)  

74.

It is the right given that is demandable from a specific person.

a)

Real

b)

Personal

c)

Right to the Fruits

d)

Civil

75.

It is the right given that is demandable against the whole world.

a)

Real

b)

Personal

c)

Right to the fruits

d)

Civil

76.

These are the Right to the Fruits except:

a)

Natural

b)

Industrial

c)

Personal

d)

Civil

77.

It transfers ownership.

a)

Time

b)

Person

c)

Delivery

d)

Fruits

78.

A promised to deliver a specific pig to B on Friday. Supposed the pig gave birth to 5 piglets on Wednesday. What should be delivered to B on Friday?

a)

The specific pig only

b)

The 5 piglets only

c)

Both the pig and 5 piglets

d)

Nothing

79.

A sold the specific pig to B on Monday and the delivery would be on Friday. Supposed the pig gave birth to 3 piglets on Thursday. What should A deliver on Friday?

a)

The specific pig only

b)

The 3 piglets only

c)

Both pig and 3 piglets

d)

Nothing

80.

These are the remedies of the creditor in real obligation for a generic thing except:

a)

Ask the debtor

b)

Compel the debtor

c)

Ask a TP

d)

Ask for damages

81.

These are the remedies of the creditor in real obligation for a specific thing except:

a)

Ask the debtor

b)

Compel the debtor

c)

Ask for damages

82.

Latin translation of "Genus Never Perishes"

(a)  

83.

There are fruits of a thing on additions to improvements of a thing.

a)

Accessories

b)

Accessions

c)

Principal

d)

Natural

84.

There are things added to the principal thing of the latter's embellishment completion or use.

a)

Accessions

b)

Accessories

c)

Principal

d)

Natural

85.

What is Principal?

a)

It is more important and can stand alone.

b)

It cannot stand alone.

c)

It is void.

d)

It is not important.

86.

Latin translation of "Accessory follows the principal"

(a)  

87.

These are remedies in positive obligations except:

a)

Ask the debtor

b)

If the debtor refuses, ask a TP

c)

Compel the debtor

d)

Ask for damages

88.

These are remedies in Negative obligation except:

a)

Undoing of the forbidden thing plus damages

b)

Doing the forbidden thing plus damages

c)

If not possible, ask for damages

89.

It is the delay when there is failure to pay on due date.

a)

Delay

b)

Illegal delay

c)

Ordinary delay

d)

Dolo

90.

What is the general rule of delay?

a)

No demand, no delay

b)

No payment, no delay

c)

None of the above

d)

No one can be in delay

91.

It is the delay on the part of the debtor to give.

a)

Mora Solvendi Ex Persona

b)

Mora Solvendi Ex Re

c)

Mora Solvendi Ex Lege

d)

Mora Solvendi Ex Contractu

92.

It is the delay on the part of the debtor to do.

a)

Mora Solvendi Ex Persona

b)

Mora Solvendi Ex Re

c)

Mora Solvendi Ex Lege

d)

Mora Solvendi Ex Contractu

93.

It is the delay on the part of the creditor.

a)

Mora Solvendi

b)

Mora Solvendi Ex Re

c)

Compensatio Morae

d)

Mora Accipiendi

94.

It is the delay on both parties.

a)

Mora Solvendi

b)

Mora Solvendi Ex Re

c)

Mora Accipiendi

d)

Compensatio Morae

95.

These are the requisites for delay except:

a)

Ordinary delay

b)

Extra-Judicial demand

c)

Judicial demand

d)

Failure to comply

e)

Law

96.

These are the exceptions of delay:

  1. 1. Law

  2. 2. Stipulation

  3. 3. Time is of the essence

  4. 4. Useless

  5. 5. ?

  6. What is the missing exception?

a)

Principal

b)

Reciprocal Obligation

c)

Fraud

d)

Negligence

97.

These are the instances when the debtor is liable to pay for damages except:

a)

Delay

b)

Fraud

c)

Negligence

d)

Ordinary

e)

Breach

98.

A kind of breach wherein it is prevented by a fortuitous event so you will not be liable to pay for damages.

a)

Voluntary

b)

Involuntary

c)

Moral

d)

Nominal

99.

These are the kinds of damages except:

a)

Temperate

b)

Exemplary

c)

Dolo

d)

Nominal

e)

Actual

100.

It is a kind of fraud that is committed at the start, has a remedy of annulment, voidable contract, and aims to get the consent of the other party.

a)

Fault

b)

Dolo Causante

c)

Dolo Incidente

d)

Culpa

101.

It is a kind of fraud that occurs after the creation of the obligation, has remedy of asking for damages, valid contract, and aims to violate or breach the obligation.

a)

Fault

b)

Dolo Causante

c)

Dolo Incidente

d)

Culpa

102.

These are the kinds of Negligence except:

a)

Culpa Contractual

b)

Culpa Criminal

c)

Culpa Aquiliana

d)

Culpa Dolo

103.

The fault of the employee is the fault of the employer.

a)

Master and Servant Rule

b)

Common Carrier

c)

Culpa Aquiliana

d)

Culpa Criminal

104.

These are kinds of evidence except:

a)

Proof beyond reasonable doubt

b)

DGFF

c)

Preponderance of Evidence

d)

Substantial Evidence

105.

It is when you are going to deny, relinquish, and give up a right.

a)

Fraud

b)

Negligence

c)

Waiver

d)

Culpa Criminal

106.

These are what you can waive except:

a)

Past Fraud

b)

Future Fraud

c)

Future Negligence

d)

Past Negligence

107.

It occurs when both parties are negligent but the negligence of the common carrier is the proximate cause of the accident.

a)

Common carriage

b)

Common carrier

c)

Culpa criminal

d)

Contributory negligence

108.

These are the factors to be considered when a person is negligent except:

a)

Nature of Obligation

b)

Circumstance of person

c)

Circumstance of time

d)

Circumstance of place

e)

Circumstance of payment

109.

It is an event which cannot be foreseen or which though foreseen is inevitable.

a)

Fortuitous event

b)

Legal event

c)

Illegal event

d)

Natural event

110.

These are kinds of Fortuitous event except:

a)

Ordinary

b)

Extraordinary

c)

Acts of God

d)

Acts of Man

e)

Normal

111.

What is the general rule of Fortuitous event?

a)

Debtor is not liable; Obligation is extinguished

b)

Debtor is liable; Obligation is not extinguished

c)

Creditor is liable; Obligation is not extinguished

d)

Creditor is not liable; Obligation is not extinguished

112.

These are the exceptions in fortuitous event except:

a)

Law

b)

Stipulation

c)

Reservation

d)

Nature of the obligation requires the assumption of risk

113.

It is when someone borrows a money or consumable thing.

a)

Mutuum

b)

Commodatum

c)

Unconscionable

d)

Usury

114.

It is when someone borrows a non-consumable thing.

a)

Mutuum

b)

Commodatum

c)

Unconscionable

d)

Usury

115.

These are the requisites of interest except:

a)

Agreement

b)

In writing

c)

Lawful

d)

Payment

116.

These are kinds of Presumption except:

a)

Conclusive

b)

Disputable

c)

Agreement

117.

These are the Presumptions for the rules

  1. 1. Interest is paid ahead of the principal

  2. 2. Prior installments are first liquidated

Except:

a)

Interest is already paid

b)

Prior installment are already paid

c)

Principal is already paid

118.

These are the exceptions to the Presumptions except:

a)

Subsidiary

b)

Reservation

c)

Taxes

d)

Duly proven

e)

If the receipt is dated but the month paid is not stated

119.

These are the subsidiary remedies except:

a)

Exhaust the properties of debtor

b)

Accion Subrogatoria

c)

Accion Pauliana

d)

Exhaust the properties of creditor

120.

Statement 1: Obligations are transmissible

Statement 2: Rights are not transmissible

a)

S1 is incorrect

b)

S2 is correct

c)

Both are incorrect

d)

Both are correct

121.

These are the exceptions when rights are transmissible except:

a)

If prohibited by law

b)

If prohibited by stipulation of parties

c)

If prohibited by debtor only

d)

Not transmissible by nature

122.

It is future and uncertain.

a)

Condition

b)

Period

c)

Pure obligation

d)

Simple obligation

123.

It is future and certain.

a)

Condition

b)

Period

c)

Pure obligation

d)

Simple obligation

124.

There is no condition and no period.

a)

Condition

b)

Period

c)

Pure obligation

d)

Simple obligation

125.

These are the instances when obligation is demandable at once except:

a)

Pure obligation

b)

Resolutory condition

c)

Resolutory period

d)

Legal

126.

If the condition is fulfilled, the obligation arises. It is demandable when suspended.

a)

Suspensive

b)

Resolutory

c)

Divisible

d)

Indivisible

127.

If the condition is fulfilled, the obligation is extinguished. It is demandable at once.

a)

Suspensive

b)

Resolutory

c)

Divisible

d)

Indivisible

128.

It is the effect of happening of suspensive condition.

a)

Termination of rights

b)

Acquisition of rights

129.

It is the effect of happening of resolutory condition.

a)

Termination of rights

b)

Acquisition of rights

130.

A promised to give a specific land to B if he will pass the CPALE. What kind of condition is present?

a)

Resolutory

b)

Suspensive

131.

These are examples of duration of period that depends on the debtor except:

a)

Little by little

b)

From time to time

c)

ASAP

d)

When I am in a position to pay

e)

When I want to pay

132.

It is a condition that depends on the debtor or creditor.

a)

Potestative

b)

Casual

c)

Mixed

d)

Disjunctive

133.

It is a condition that depends on third party or chance.

a)

Potestative

b)

Casual

c)

Mixed

d)

Disjunctive

134.

It is a condition that depends on the third party and and chance.

a)

Potestative

b)

Casual

c)

Mixed

d)

Disjunctive

135.

Only one condition will be fulfilled.

a)

Casual

b)

Mixed

c)

Disjunctive

d)

Conjunctive

136.

All conditions will be fulfilled.

a)

Casual

b)

Mixed

c)

Disjunctive

d)

Conjunctive

137.

All are valid except:

a)

Condition depends on TP and chance

b)

Condition depends on debtor

c)

Condition depends on creditor

d)

Condition depends on third party

e)

Condition depends on chance

138.

These are 2 kinds of Impossible Condition except:

a)

Physically impossible

b)

Legally Impossible

c)

Illegally Impossible

139.

What is the general rule of Impossible Condition?

a)

Impossible Condition shall annul the obligation; both the obligation and condition are void

b)

Impossible Condition shall void the obligation; both the obligation and condition are annulled

c)

Impossible Condition shall continue the obligation; both the obligation and condition are valid

140.

These are the exceptions of an Impossible Condition except:

a)

Pre-existing obligation

b)

Divisible

c)

Indivisible

d)

Negative

141.

It is the effect of the Doctrine of Constructive fulfillment as the debtor voluntarily prevented the happening of the condition.

(a)  

142.

It is the effect of positive suspensive condition when time expires.

a)

Obligation is extinguished

b)

Debtor is not liable

c)

Obligation becomes effective

d)

Debtor is liable

143.

It is the effect of positive suspensive condition when condition becomes indubitable.

a)

Obligation is extinguished

b)

Debtor is not liable

c)

Obligation becomes effective

d)

Debtor is liable

144.

it is the effect of negative obligation when time elapsed.

a)

Obligation is extinguished

b)

Debtor is not liable

c)

Obligation becomes effective

d)

Debtor is liable

145.

It is the effect of negative obligation when it is evident that event cannot occur.

a)

Obligation is extinguished

b)

Debtor is not liable

c)

Obligation becomes effective

d)

Debtor is liable

146.

There is NO retroactive effects of the fulfillment of suspensive condition on the following except:

a)

To give

b)

To do or not to do

c)

Reciprocal obligation

d)

Unilateral

147.

There is no retroactive effects of the fulfillment of Resolutory condition on the following:

  1. 1. To give

  2. 2. To do or not to do

a)

True

b)

False

148.

These are the requisites for application of 3 Kinds of loss:

  1. 1. It must be an obligation to give

  2. 2. It must be specific

  3. 3. It must be subjective to suspensive condition

  4. 4. There is loss, deterioration, or improvement

  5. 5. Pending a fulfillment of a suspensive condition

a)

True

b)

False

149.

Loss of thing without debtor's fault

Is debtor liable?

a)

Yes

b)

No

150.

Loss of thing through debtor's fault

Is debtor liable?

a)

Yes

b)

No

151.

Deterioration of thing without debtor's fault

Is debtor liable?

a)

Yes

b)

No

152.

Deterioration of thing through debtor's fault

Is debtor liable?

a)

Yes

b)

No

153.

Improvement of the thing by nature or by time

To whom the increase will go?

a)

Debtor

b)

Creditor

c)

TP

154.

Improvement at the expense of the debtor

What is the right of debtor?

a)

Right of usufructuary

b)

Right of rescission

c)

Right of fulfillment

155.

These are kinds of Obligation according to the person obliged except:

a)

Unilateral

b)

Bilateral

c)

Active

156.

What are the remedies in Reciprocal obligation?

a)

Specific performance + damages or rescission + damages

b)

Ask the debtor

c)

Ask for damages only

157.

It is understood to be that which must necessarily come although you do not know when will it come.

a)

Period

b)

Condition

c)

Day certain

d)

Suspensive

158.

These are kinds of period except:

a)

Legal, conventional, judicial

b)

Definite, indefinite

c)

Suspensive, Resolutory period

d)

Condition

159.

What can the debtor recover before due date?

a)

Principal only

b)

Principal and interest

c)

Interest only

d)

Nothing

160.

What can the debtor recover after due date?

a)

Principal only

b)

Principal and interest

c)

Interest only

d)

Nothing

161.

What is the general rule for the Presumption as to the benefit of the period?

a)

Period is for debtor only

b)

Period is for creditor only

c)

Period is for both parties

d)

Period is for TP only

162.

For the benefit of the debtor

EXCEPT:

a)

On or before

b)

Within

c)

No interest

d)

Collectible/on demand

163.

For the benefit of creditor

EXCEPT:

a)

Collectible/on demand

b)

Collectible on or before

c)

Within

164.

The general rule is the court cannot fix the period because the parties should fix it.

a)

True

b)

False

165.

As exception, the Court can fix the period when:

  1. 1. Intended by the parties

  2. 2. Duration of the period depends on debtor

  3. 3. Whenever his means to do so

a)

True

b)

False

166.

Instances of debtor when the obligation becomes pure:

  1. 1. Insolvent

  2. 2. Does not furnish the guaranty

  3. 3. Own acts he has impaired or Fortuitous event

  4. 4. Violates the undertaking

  5. 5. Attempts to ascond

a)

True

b)

False

167.

These are kinds of Obligation according to object except:

a)

Simple

b)

Compund

c)

Collective

168.

These are the kinds of compound except:

a)

Simple

b)

Conjunctive

c)

Distributive

169.

These are kinds of distributive except:

a)

Alternative

b)

Facultative

c)

Conjunctive

170.

It is the effect of the communication of choice in alternative obligation.

a)

It becomes simple obligation

b)

It becomes void

c)

It is becomes extinguished

171.

What are the remedies of debtor in debtor's choice + creditors fault?

a)

Choose remaining + damages or Rescission + damages

b)

Value of LAST THING which disappeared + damages

c)

Choose remaining + damages or Price of that which disappeared + damages

d)

Price of any one of them + damages

172.

What is the basis of Indemnity for debtor's choice + debtor's fault?

a)

Value of the last thing which disappeared + damages

b)

Price of any one of them + damages

173.

What are the remedies of creditor in creditors choice + debtor's fault?

a)

Choose remaining + damages or Price of that which disappeared + damages

b)

Choose remaining + damages or Value of the last thing which disappeared + damages

174.

In Facultative obligation, what is due before substitution?

a)

Principal

b)

Substitute

c)

Both principal and substitute

175.

In Facultative obligation, what is due after substitution?

a)

Principal

b)

Substitute

c)

Both principal and substitution

176.

These are kinds of Obligation according to number of parties except:

a)

Individual

b)

Collective

c)

Compound

177.

These are kinds of Collective:

Joint

Solidary

a)

True

b)

False

178.

These are synonyms of Joint except:

a)

Mancomunada

b)

Conjoint

c)

Prorata

d)

Proportionate

e)

Jointly and severally

179.

These are kinds of Solidarity (parties) except:

a)

Active

b)

Solidarity

c)

Mixed

d)

Prestation

180.

These are the kinds of Solidarity (source) except:

a)

Conventional

b)

Legal

c)

Real

d)

Ideal

181.

The creditors can demand from one debtor the entire amount to be paid because it is solidary. This is possible because of?

a)

Mutual Agency

b)

Mutual Guaranty

c)

Mutual Agreement

d)

Mutual Contract

182.

The debtors can pay the entire amount to one creditor because it is solidary. This is possible because of?

a)

Mutual Agency

b)

Mutual Guaranty

c)

Mutual Agreement

d)

Mutual Contract

183.

It cannot be divided because it will lose it essence.

a)

Divisible

b)

Indivisible

c)

Joint

d)

Solidary

184.

Talks about the thing, obligation and prestation. Only the debtor guilty of breach is liable to pay damages. It can exist although there is debtor and creditor.

a)

Solidarity

b)

Indivisibility

c)

Divisibility

d)

Joint

185.

It refers to the parties. All debtors are liable. There must be at least 2 debtors and 2 creditors. Plurality of subjects are needed.

a)

Solidarity

b)

Indivisibility

c)

Divisibility

d)

Joint

186.

Solidarity cannot exist although the parties are bound by different periods, condiions, and manners.

a)

True

b)

False

187.

Statement 1: Prejudicial is not allowed.

Statement 2: Beneficial is allowed.

a)

S1 is incorrect

b)

S2 is correct

c)

Both are correct

d)

Both are incorrect

188.

Statement 1: Assignment is to co-creditor is allowed.

Statement 2: Assignment is to TP is not allowed.

a)

S1 is incorrect

b)

S2 is correct

c)

Both are correct

d)

Both are incorrect

189.

The creditor has a right to proceed against any Solidary debtor if the obligation is not yet fully paid.

a)

True

b)

False

190.

These are exceptions for the general rule (Reimbursement after payment) except:

a)

Prescription

b)

Illegal payment

c)

Remission

191.

When there is payment then remission, the debtors can reimburse from?

a)

Solidary debtors

b)

Creditor

c)

TP

d)

No one

192.

When there is Remission then payment, the debtors can reimburse from?

a)

Solidary debtors

b)

Creditor

c)

TP

d)

No one

193.

Rules in case thing is lost or prestation becomes impossible:

  1. 1. Loss in w/out fault and before delay

  2. 2. Loss in due to the fault of Solidary debtor

  3. 3. Loss w/out fault but after delay

a)

True

b)

False

194.

Defenses:

  1. 1. Defenses derived from nature of obligation

  2. 2. Defenses personal to or w/out pertain to share of debtor

  3. 3. Defenses personal to other Solidary debtor

a)

True

b)

False

195.

These are kinds of division except:

a)

Qualitative

b)

Quantitative

c)

Ideal / intellectual

d)

Legal

196.

These are kinds of Indivisibility except:

a)

Real

b)

Legal

c)

Conventional

d)

Natural

197.

Its meaning is "as much as the person deserves"

a)

Principle of Quantify

b)

Principle of Quantum Meruit

c)

Principle of divisibility

d)

None of the above

198.

An obligation becomes Divisible according to the following except:

a)

Execution of certain no. of days

b)

According to work by metrical units

c)

Obligation without by this nature are susceptible of partial performance

d)

According to amount of principal

199.

These are purposes of Penal Clause except:

a)

Ensure performance

b)

Punish the debtor

c)

Liquidate the damages

d)

Punish the creditor

200.

An accessory undertaking attached to the principal obligation.

a)

Obligation

b)

Obligation with Penal clause

c)

Penal clause

d)

Principal

201.

These are the exceptions to the general rule (Only the stipulated penalty is recoverable in case of breach) except:

a)

Stipulation

b)

Obligor's refusal to pay penalty

c)

Obligor's fraud

d)

Creditors fault

202.

What proof is necessary to be able to demand penalty?

a)

Proof of actual damages

b)

Proof of violation

c)

Proof of damage

d)

Proof of penalty

203.

These are the exceptions to the general rule (Court cannot reduce the Penal clause) except:

a)

Partial/irregular performance

b)

Complete performance

c)

Penal clause is iniquitous/unconscionable

204.

If the Penal clause is void, the principal remains.

a)

True

b)

False

205.

If principal is void, then Penal Clause is also void.

a)

True

b)

False