Free Printable OBLIGATIONS

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OBLIGATIONS

Total questions: 135

Worksheet time: 3hrs 55mins

Name

Class

Date

Match the following

Added to a thing for its better use, enjoyment or perfection.

Accessories

The remedy of creditors to impugn contracts entered into by the debtor to defraud them.

Accion pauliana

One who has the right to demand performance of the obligation.

Active subject

Several prestations are due but the complete performance of one of them extinguishes the obligation.

Alternative obligation

Choosing the debt to which payment is to be applied.

Application of payment

Match the following

They refer to those arising out of a juridical relation, such as the rent of an apartment.

Civil fruits

An uncertain event that wields an influence on a legal relation.

Condition

Gratuitous abandonment by the creditor of his right to the obligation.

Condonation

Qualities of debtor and creditor are merged in the same person.

Confusion

Delivery of the sum or thing due with the judicial authority.

Consignation

Match the following

Delivery and transmission of ownership of a thing by the debtor to his creditor to settle a monetary obligation.

Dation in payment

That which must necessarily come although it may not be known when.

Day certain

The reduction in volume in circulation of the medium of exchange.

Deflation

Assumption of the obligation by a third person upon the initiative of the debtor

Delegacion

Particularly designated or physically segregated from all others of the same class.

Determinate thing

Match the following

The reason why the obligation exists.

Efficient cause

Period with a suspensive effect.

Ex die

Substitution of debtor initiated by a third person.

Expromision

Only one prestation is due but the debtor may render another in substitution.

Facultative obligation

It cannot be foreseen, or even if foreseen is inevitable.

Fortuitous event

Match the following

It never perishes.

Generic thing

Period with a resolutory effect.

In diem

Obligation not susceptible of partial performance.

Indivisible obligation

Products of the soil with the intervention of human labor.

Industrial fruits

A sharp sudden increase in money or credit or both without a corresponding increase in business transactions.

Inflation

Match the following

Each debtor is liable only for a proportionate part of the debt, and each creditor is entitled only to a proportionate part of the credit.

Joint obligation

That which the debtor may compel the creditor to accept as payment.

Legal tender

Delay on the part of the creditor.

Mora accipiendi

Spontaneous products of the soil and the young and other products of animals.

Natural fruits

The condition that some event will not happen at a determinate time.

Negative condition

Match the following

Omission of the diligence required by the nature of the obligation and corresponds with the circumstances of the person, of the time, and of the place.

Negligence

Management of the property or affairs of another without his consent.

Negotiorum gestio

Produces a dual effect the extinguishment of the old obligation and the birth of a new one.

Novation

There is a greater liability in case of breach in performance.

Obligation with a penal clause

Juridical necessity to give, to do or not to do.

Obligation

Match the following

Solidarity on the part of the debtors.

Passive solidarity

Assignment of the debtor's properties to his creditors.

Payment by cession

Delivery of money or performance of an obligation in any other manner.

Payment

An accessory undertaking to assume greater liability in case of breach in the obligation.

Penal clause

Enforceable only against a definite passive subject.

Personal right

Match the following

The condition that some event happens at a determinate time.

Positive condition

Depends upon the sole will of one of the contracting parties.

Potestative condition

It consists of giving, doing or not doing something.

Prestation

Enforceable against the whole world.

Real right

The obligations arise out of the same cause and must be fulfilled at the same time.

Reciprocal obligation

10.

Match the following

The happening thereof extinguishes the obligation.

Resolutory condition

Any one of the debtors may be held liable for the whole obligation, and any one of the creditors is entitled to demand payment of the whole obligation.

Solidary obligation

Return of what has been paid by mistake.

Solutio indebiti

The substitution of another person in the place of the creditor, where the former succeeds to the right of the creditor in relation to the debt.

Subrogation

The happening thereof gives rise to an obligation.

Suspensive condition

11.

In an obligation to give a determinate thing which is subject to a suspensive condition, the creditor has a right to the fruits of the thing upon the perfection of the obligation.

True

False

12.

A person criminally liable is also civilly liable.

True

False

13.

Obligations arising from contracts have the force of law between the contracting parties.

True

False

14.

A natural obligation cannot be enforced in a court of justice.

True

False

15.

A person obliged to give something is also obliged to take care of it with the diligence of a father of a good family, unless the law or stipulation of the parties requires a greater degree of care.

True

False

16.

If the debtor fails to perform an obligation to do, the creditor may compel the debtor to comply with the obligation.

True

False

17.

If an obligation to do has been poorly done, the creditor may have the same be undone at the expense of the debtor.

True

False

18.

As a general rule, the debtor incurs in delay if he does not perform his obligation on the date it is due.

True

False

19.

If the obligation consists in the delivery of a determinate thing, the debtor who incurs in delay shall not be responsible for loss due to fortuitous event.

True

False

20.

A waiver of an action for future fraud is valid.

True

False

21.

In an obligation to give an indeterminate thing, the loss or destruction of anything of the same kind will extinguish the obligation if the cause of the loss is a fortuitous event.

True

False

22.

Acts of men such as armed robbery or piracy are considered fortuitous events if they occur independently of the debtor's will.

True

False

23.

As a general rule, rights acquired in virtue of an obligation are not transmissible.

True

False

24.

An obligation subject to a resolutory condition is demandable at once.

True

False

25.

An obligation which is subject to a suspensive condition that is potestative on the part of the debtor at the same time, is valid.

True

False

26.

An obligation where the debtor binds himself to pay when his means permit him to do so is a conditional obligation.

True

False

27.

An obligation which is demandable upon the death of a person is an obligation with a period.

True

False

28.

The condition not to do an impossible thing shall be considered as not having been agreed upon. In such a case, the obligation is immediately demandable.

True

False

29.

The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or it has become indubitable that the event will not take place.

True

False

30.

The condition shall be deemed fulfilled if the debtor voluntarily prevents its fulfillment.

True

False

31.

The effects of a conditional obligation to give, once the condition has been fulfilled shall retroact to the day of the constitution of the obligation.

True

False

32.

A thing, although it still physically exists, may be considered lost if it goes out of commerce.

True

False

33.

In an obligation to give a determinate thing which is subject to a suspensive condition, the deterioration of the thing without the debtor's fault shall render the debtor liable for damages.

True

False

34.

A condition may refer to a past event unknown to the parties.

True

False

35.

If the thing is improved at the expense of the debtor before the fulfillment of a suspensive condition, the debtor may demand reimbursement of such expense from the creditor.

True

False

36.

Whenever a period is designated in an obligation, it shall be presumed to have been established for the benefit of the debtor.

True

False

37.

The debtor does not lose the right to make use of the period if the security that he has given is lost due to a fortuitous event.

True

False

38.

The period in an obligation always refers to the future.

True

False

39.

In alternative obligations, the right of choice belongs to the creditor unless it has been expressly granted to the debtor.

True

False

40.

In alternative obligations, the creditor may be compelled to receive part of one and part of another undertaking.

True

False

41.

In a facultative obligation, the loss of the substitute through a fortuitous event before the substitution has been made by the debtor, shall have no effect on the debtor's obligation to deliver the principal thing.

True

False

42.

When there are two or more debtors and/or two or more creditors in one and the same obligation, the obligation is presumed to be a solidary obligation.

True

False

43.

Solidarity may exist although the creditors and debtors may not be bound in the same manner and by the same periods and conditions.

True

False

44.

Where an instrument containing the words "I promise to pay", is signed by two or more persons, they are deemed to be jointly and severally liable.

True

False

45.

In a joint indivisible obligation, a demand made by one of the joint creditors against all the joint debtors is a valid demand.

True

False

46.

A solidary debtor who obtains remission of the whole obligation is entitled to reimbursement from his co-debtors.

True

False

47.

A solidary creditor may assign his rights in the obligation to a third person without the consent of the other creditors.

True

False

48.

If an insolvent solidary debtor cannot reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors in proportion to the debt of each.

True

False

49.

A joint creditor in a joint indivisible obligation may validly renounce or condone the whole obligation.

True

False

50.

In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests, if there is no stipulation to the contrary.

True

False

51.

The nullity of the penal clause in an obligation carries with it the nullity of the principal obligation.

True

False

52.

As a rule, the creditor may demand fulfillment of the obligation and the penalty at the same time.

True

False

53.

Payment means not only the delivery of money but also to the performance of the obligation in any other manner.

True

False

54.

A third person who has an interest in the fulfillment of the obligation, such as a guarantor, may compel the creditor to accept payment.

True

False

55.

Payment made in good faith by the debtor to a person in possession of the credit releases him from liability.

True

False

56.

Payment made for an obligation which is interest-bearing must first be applied to the principal before the interest.

True

False

57.

Payment to an incapacitated creditor shall be valid if he has kept the payment.

True

False

58.

The debtor of a thing may compel the creditor to accept a different one if the latter is more valuable than that which is due.

True

False

59.

If an obligation is physically divisible, the debtor may compel the creditor to accept partial payments.

True

False

60.

When the debt is in part liquidated and part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter.

True

False

61.

The debtor may compel the creditor to accept a certified check as payment since the bank guarantees the check to be covered with sufficient funds.

True

False

62.

Payment by a third person who does not intend to be reimbursed by the debtor shall be deemed to be a donation which requires the consent of the debtor. However, even if the debtor does not give his consent, payment shall nevertheless be valid with respect to the creditor.

True

False

63.

Payment may be applied to a debt not yet due if the term was constituted in favor of the party making the application.

True

False

64.

For dacion en pago to apply, the debtor must be insolvent.

True

False

65.

In payment by cession, the creditors become the owners of the properties abandoned by the debtor for the payment of his debts.

True

False

66.

Whenever the thing is lost while in the possession of the debtor, it shall be presumed to have been lost through his fault.

True

False

67.

The debtor shall be released totally from his debts when he assigns his properties to his creditors.

True

False

68.

Consignation without tender of payment is sufficient if two or more persons claim the same right to collect.

True

False

69.

Before the court has declared that the consignation has been properly made or the creditor has accepted the consignation, the debtor may withdraw the sum or thing deposited in court as a matter of right.

True

False

70.

When the debt of a thing certain proceeds from a criminal offense, the debtor shall be exempted from the payment of the price if the thing is lost through a fortuitous event.

True

False

71.

In obligations to do, the debtor's obligation is extinguished if the prestation becomes physically impossible due to his fault.

True

False

72.

The condonation or remission of an obligation must be accepted in order for it to be extinguished.

True

False

73.

Merger which takes place in the person of the principal debtor or creditor extinguishes the obligation of guaranty.

True

False

74.

A debt which consists in sum of money and another debt which consists in a consumable thing are extinguished by legal compensation as long as both debts have the same amount and are already due.

True

False

75.

The condonation of a debt in money exceeding P5,000.00 to be valid requires that the condonation and the acceptance must be in public instrument.

True

False

76.

The remission of the principal obligation carries with it the remission of the accessory obligation.

True

False

77.

Confusion which takes place in the person of the guarantor extinguishes the principal obligation.

True

False

78.

The parties may agree upon the compensation of debts that are not yet due.

True

False

79.

Legal compensation takes place by operation of law even if the debts are payable at different places.

True

False

80.

Compensation cannot be set up against a creditor who has a claim for future support by gratuitous title.

True

False

81.

Novation may take place by changing the object or principal conditions of the obligation.

True

False

82.

If the old obligation is void, the novation will still be valid if the new obligation is valid.

True

False

83.

If the new obligation is void, the original one shall subsist, unless the parties intended that the old obligation shall be extinguished in any event.

True

False

84.

Conventional subrogation requires the consent of the original parties and the third person.

True

False

85.

When the principal obligation is extinguished as a consequence of novation, accessory obligations are extinguished except if they may benefit third persons who did not give their consent.

True

False

86.

Added to a thing for its better use, enjoyment or perfection.

(a)

87.

The remedy of creditors to impugn contracts entered into by the debtor to defraud them.

(a)

88.

One who has the right to demand performance of the obligation.

(a)

89.

Several prestations are due but the complete performance of one of them extinguishes the obligation.

(a)

90.

Choosing the debt to which payment is to be applied.

(a)

91.

They refer to those arising out of a juridical relation, such as the rent of an apartment.

(a)

92.

An uncertain event that wields an influence on a legal relation.

(a)

93.

Gratuitous abandonment by the creditor of his right to the obligation.

(a)

94.

Qualities of debtor and creditor are merged in the same person.

(a)

95.

Delivery of the sum or thing due with the judicial authority.

(a)

96.

Delivery and transmission of ownership of a thing by the debtor to his creditor to settle a monetary obligation.

(a)

97.

That which must necessarily come although it may not be known when.

(a)

98.

The reduction in volume in circulation of the medium of exchange.

(a)

99.

Assumption of the obligation by a third person upon the initiative of the debtor.

(a)

100.

Particularly designated or physically segregated from all others of the same class.

(a)

101.

The reason why the obligation exists.

(a)

102.

Period with a suspensive effect.

(a)

103.

Substitution of debtor initiated by a third person.

(a)

104.

Only one prestation is due but the debtor may render another in substitution.

(a)

105.

It cannot be foreseen, or even if foreseen is inevitable.

(a)

106.

It never perishes.

(a)

107.

Period with a resolutory effect.

(a)

108.

Obligation not susceptible of partial performance.

(a)

109.

Products of the soil with the intervention of human labor.

(a)

110.

A sharp sudden increase in money or credit or both without a corresponding increase in business transactions.

(a)

111.

Each debtor is liable only for a proportionate part of the debt, and each creditor is entitled only to a proportionate part of the credit.

(a)

112.

That which the debtor may compel the creditor to accept as payment.

(a)

113.

Delay on the part of the creditor.

(a)

114.

Spontaneous products of the soil and

the young and other products of animals.

(a)

115.

The condition that some event will not happen at a determinate time.

(a)

116.

Omission of the diligence required by the nature of the obligation and corresponds with the circumstances of the person, of the time, and of the place.

(a)

117.

Management of the property or affairs of another without his consent.

(a)

118.

Produces a dual effect the extinguishment of the old obligation and the birth of a new one.

(a)

119.

There is a greater liability in case of breach in performance.

(a)

120.

Juridical necessity to give, to do or not to do.

(a)

121.

Solidarity on the part of the debtors.

(a)

122.

Assignment of the debtor's properties to his creditors.

(a)

123.

Delivery of money or performance of an obligation in any other manner.

(a)

124.

An accessory undertaking to assume greater liability in case of breach in the obligation.

(a)

125.

Enforceable only against a definite passive subject.

(a)

126.

The condition that some event happens at a determinate time.

(a)

127.

Depends upon the sole will of one of the contracting parties.

(a)

128.

It consists of giving, doing or not doing something.

(a)

129.

Enforceable against the whole world.

(a)

130.

The obligations arise out of the same cause and must be fulfilled at the same time.

(a)

131.

The happening thereof extinguishes the obligation.

(a)

132.

Any one of the debtors may be held liable for the whole obligation, and any one of the creditors is entitled to demand payment of the whole obligation.

(a)

133.

Return of what has been paid by mistake.

(a)

134.

The substitution of another person in the place of the creditor, where the former succeeds to the right of the creditor in relation to the debt.

(a)

135.

The happening thereof gives rise to an obligation.

(a)

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OBLIGATIONS

Total questions: 135

Worksheet time: 3hrs 55mins

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