BUSINESS LAW QUIZ ON OBLIGATION –PART I
1. Whenever in an obligation’s designated, it is presumed to have been established for the benet of: a. Both the creditor and debtor c. The debtor b. The creditor d. The third party 2. o!es B "1#, ###. ###. $ pays B "%, ###. &o! B and $ are the, creditor creditors s of to the amount of "%, ### each. each. 'uppose has only "%, ###.Which is correct: a. B and $ should divide the "%, #### e(ually c. may choose !hom to pay b .$ should be preferred d.B 'hould be preferred ). * is under obligation to deliver +’s car to the latter. o!ever before delivery - destroys the car. car. Which one of the ollo!ing is correct/ a. *’s obli obligat gation ion to to give give the car car to + e0ti e0tingu nguish ished ed b. * is allo!ed to recover from c. + has the right to bring an action against d. * is not obliged to give + an e(uivalent value of the car . *+- are solidarily liable to for ")#, ### !hich matures on uly 1, 2##1.3n 4ay 1, 2##1, * paid for the !hole amount of debt. 5f on 6ecember 6ecember 1, 2##1, * !ill be reimbursed reimbursed by +, the latter !ill liable for: a. "1#, ### !ith the the interest interest from from uly 1, 2##1 to 6ecember 6ecember 1, 2##1 b. "1#, ### !ithout interest c. "1#, ### !ith interest from 4ay 1, 2##1 to uly 1, 2##1 d. "1#, ### !ith interest interest from 4ay 1, 2##1 to 6ecember 6ecember 1, 2##1 %. , B and $ o!e solidarily creditors * and + ")#, ###.* remitted the entire obligation in favor of . The e7ect is: a. The obligation is not e0tinguished until a collect from B and $ b. The The obligation is not e0tinguished until + is paid by * his share of the the credit credit c. cannot recover recover from B and $ because remission in his favor e0tend to the benet of B and $ d. a can recover from B and $ their respective share of the debt 8. When When volunt voluntaril arily y ta9es ta9es charge charge of the neglec neglected ted busine business ss of B !ithou !ithoutt the latter’ latter’s s author authority ity !here !here reimbursement must be made made for for necessary necessary and and useful e0pense, there is a: a. uasi delict c. &egotiorum ;estio b. uasi $ontract d. 'olutio 5ndebiti <. When the debtor binds himself to pay !hen his means !ill permit him to do so, the obligation is: a. $onditional c.'imple b. "ure d.With a period =. * and + are solidary debtors of , B, $ and 6, >oint creditors to the amount of =, ####.o! much can collect from */ a. could recover =,### from *. , in turn has to give B, $ and 6 2,### each b. could recover ,### only from *. c. could recover 2,### only from *. d. could recover recover =,### from *. *. , in turn does not have to give B, $ and 6 2,### each ?. o!es B 1%#,### due on ugust )1, 2###. e0ecuted a mortgage in favor of B on ’s building to guaranty the obligation. 3n ugust ugust 1#, 2###, 2###, the mortgaged mortgaged building building !as totally totally lost due to an earth(ua9e earth(ua9e .3n .3n ugust 12, 12, 2###, B demanded payment from . 5s B’s demand valid/ a. &o. The obligation is one one !ith dene period, thus the creditor cannot demand fulllment of the obligation before it is due. b. &o. &o. The The mort mortga gage ge !as !as e0ti e0ting ngui uish shed ed beca becaus use e the the ob>e ob>ect ct of the the cont contrac ractt !as !as los lostt thro throug ugh h a fort fortui uito tous us event. $.+es.Th $.+es.The e debt debt becomes becomes due at once once because because the guaran guarantee tee !as !as lost although although throug through h a fortuit fortuitous ous event, unless the debtor can mortgage another property that is e(ually satisfactory. satisfactory. d.+es.The d.+es.The debts becomes due at once because the peri ods benets is given solely to the creditor thereby giving the creditor the right to demand performance even before the due date.
1#. * is obliged to give + a specic car in uly 1%, 2###. * did not deliver the car on uly 1%, 2###. 3n uly 2#, 2###, an earth(ua9e destroyed the building !here the car par9ed and the car !as destroyed .5s * still liable/ a. $onsidering that no demand to deliver !as made by + and the specic thing !as lost due to fortuitous event, hence the obligation is e0tinguished. b.&o. The obligation is e0tinguished, even if the debtor c. +es * is already in legal delay, thus obligation to deliver the lost specied thing is converted into monetary claim for damages. d. +es. The creditor instead demand for a substitute of e(uivalent value from the debtor 11. 5n the three @)A of the follo!ing cases payment by the debtor is not recoverable .Which is the e0ception/ a. The obligation !as not yet due and demandable but debtor believed it !as already due and demandable b.The payment is only for interest and credited to the proper period c. The advance payment !ere made by both parties reciprocally d. The debt !as a!are of the period 12. $ is the creditor of 6 in the amount of "%#, ###. ; is the guarantor of 6. 6 paid $ partially !ith " 2#,###. not 9no!ing The partial payment of 6 and against the !ill of 6, paid $ the amount of "%#, ### .What is the e7ect of this payment in the obligation/ a. The obligation is e0tinguished. cannot recover any amount from 6, But can demand reimbursement from ; the amount of "%#, ### b. The obligation is e0tinguished. can demand ")#, ### from 6 because this amount beneted 6 or having been subrogated into the rights of $, can proceed against ;. c. The obligation is not e0tinguished. ’s payment being against the !ill 6 does not e0tinguish the obligation d. The obligation is e0tinguished. can demand ")#, ### from 6, but if 6 cannot pay, cannot ordinarily proceed against guarantor ; because is not entitled to subrogation 1). This is payment in 9ind: a. $onsignation b. "ayment by cession
c. 6ation in payment d. pplication for payment
1. , B, $ and 6 are >oint creditors of and , solidary debtors in the amount of "#, ###.##.o! much can , B and $ collects from / a. , B, and $ could collect "2#, ###.## from b. , B, and $ could collect ")#, ###.## from c. , B, and $ could collect all the "#, ###.## from d. , B, and $ could collect "2#, ###.## from and "1#, ### from . 1%. obliged himself to pay * 1#,### in )# days plus a penalty of 2#,### if he fails to pay the obligation in due time. failed to pay the obligation in )# days. * can demand from . a. The principal of "1##, ### plus "2#, ### penalty b. The principal of "1##, ### plus "2#, ### penalty, plus legal interest c. The principal of "1##, ### plus "2#, ### plus legal interest d. The principal of "1##, ### plus "2#, ### penalty, plus legal interest, plus damages 18. signs a promissory note and binds himself to pay * "1##, ### plus 1%C per annum interest on une )#,2###. a. Before une )#, 2###, * can demand payment b. 5f on une )#, 2### is paying * the latter refuse the payment c. compel creditor * to accept payment before une )#, 2### d. Because the period is for the benet of the debtor and creditor, * can refuse any tendered payment before une )#, 2### 1<. o!es * "%#, ### payable on or before une )#, 2###. ' !ho i s not a party to the contract and !ithout consent and against the !ill of paid * the "%#, ### on pril 1, 2### !hen the prevailing rate of interest !as 12C per annum a. ' can as9 reimbursement from in the amount of "%#, ### plus 12C interest from pril 1, to une )#, 2###. b. ' cans reimbursement from in the amount of "%#, ### c. ' cannot as9 reimbursement from because the payment by ' !ithout the consent and against the !ill of . d. ' can as9 refund from * because the payment by ' !as against the !ill of . 1=. When the obligation is e0tinguished because of the passage of time, this is: a. fulllment of resolutory c. prescription b. arrival of resolutory period d. rescission 1?. When the debtor abandons or transfers all his properties to his creditors so that the creditors may sell the properties and out of the net proceeds the creditors recover their claims, this is called a. dacion en pago c. payment by cession b. tender payment and consignation d. remission
2#. When the period is Don or before a dateE, the debtor has the benet of the period. This benet is lost and the obligation becomes demandable !hen a. the debtor attempts to ascond b. after contracting the obligation, the creditor suspects the debtor of becoming insolvent c. the guarantee given by the debtor is not acceptable to the creditor d. demand by creditor could be useless 21. Fnless the la! or stipulation of the parties re(uires another standard care, the obligation to give a thing carries !ith the 3bligation to ta9e care !ith: a. 0traGordinary diligence c. diligence of a good father of a family b.degree of care agreed upon by the party’s d. diligence of a good family of a father 22. entered into a contract !ith B by !hich promised to deliver at price stipulated in the contract. 'uch delivery is to made on ebruary 1, 2##1 !ith penalty in case of default. 5n this case, no further demand by B on is necessary to consider in delay because: a. time is of the essence of the contract c. the demand !ould unless b.The obligation is e0pressly so provides d. ans!er not given 2). 3ne of the follo!ing shall produced e7ect of payment of debts a. delivery of chec9 c. delivery of a promissory note b.tender of $entral Ban9 notes d. dacion en pago 2. 5f the creditor to !ho tender of payment has been made refuses !ithout >ust cause to accept it, debtor shall be released from responsibility by: a. assignment of property c. ad>udication or pacion en pago b. consignation of the thing or sum due d. condonation 2%. e0ecutes a promissory note in favor of B !ho subse(uently indorsed it in favor of . The obligation to pay the promissory is thereby e0tinguished because there is: a. confusion or merger c. remission b. novation d. compensation 28. The distinction bet!een conventional subrogation and assignment is that in conventional subrogation: a. it is a mere cession of right b. an obligation is e0tinguished and another appears c. the same obligation, !ithout being e0tinguished, is transferred to another d. the debtors consent is not necessary 2<. promissory note and dated 4arch 1%, 2### is !orried as follo!s: D5 promise to pay B the sum of ifty Thousand "esos @"%#, ###A provided that if she should fall 5 the 3ctober, 2### $" 0amination, she shall return to me the said amountE. The above note gives rise to an obligation !ith: a. suspensive condition c. resolutory condition b. casual condition d. ans!er mot given 2=. and B to deliver a particular car valued at "1##,### to $ on or before 'eptember 1%,2### . 'eptember 1%, 2### came and upon demand by c from delivery from and B, !as !illing to deliver but B refused to deliver. 5n this case at bar: a. n action for specic performance !ill lie against both and B. b. Both and B shall be liable for %#,### each !ith damages c. B shall be liable for "%#, ### !ithout damages and shall be liable for "%#, ### damages d. $ can demand delivery of the car from or B 2?. ,B and $ o!ed a solidum "1%,### to 6 as evidenced by a promissory note due on 'eptember )#,1??#. The note prescribed on 3ctober 1, 2###. 3n 3ctober 1#, 2### paid 6. 5n this case, is: a. entitled to collect "%, ###.## each from B and $ b. not entitled to reimbursement from his coGdebtors for the shares of the latter c. entitled to recover from 6 d. ans!er not given )#. This a promissory note D5 promise to pay , B and $ the sum of "1=, ###.E@'ignedA 6, and a. is obliged to pay $ "8,###.## c. is obliged to pay $ "12,###.## b. is obliged to pay $ "2, ###.## d. is obliged to pay $ "1=, ###.##
)1. and B are solidary debtors of $ ,6, and >oint creditors in the amount of 2#,###.o! much can $ collect from / a. $ could collect "2, %##.## from b. $ could collect from "1#, ###.##.$ is then obliged to give "2, %## each to 6, and c. $ could collect "%, ### from d. $ could collect the !hole "2#, ### from but !ill in turn give "%, ### each to 6, and .
)2. o!es B !ho has t!o @2A legitimate children, %#,### payable on 6ecember )1, 2### a. 5f dies before 6ecember )1, 2###, B cannot collect from the heirs of b. 5f dies before 6ecember )1, 2###, B cannot collect from the heirs of c. 5f dies, his t!o @2A legitimate children cannot recover from his obligation d. 5f both and B die, the heirs of B can collect from heirs of . )). 5f the obligor binds himself to perform his obligation as soon as Dhe shall have obtained the loan Dfrom a certain ban9 this obligation is: a. !ith a term c. suspensive b. conditional d. resolutory ). 5f to refers to a >oint obligation: a. 3ne in !hich debtor is liable for the entire of obligation, and each creditor is entitled to demand the !hole obligation b.one in !hich either one of the parties is indispensible and the other is not necessary c. one in !hich of the obligation is resolutory condition of the other, the nonGfulllment of !hich entitles the other party to rescind the contract d. one !hich each of debtors is liable only for a proportionate part of the debt and each creditor are entitled only for a proportionate part of the credit. )%. 5t presupposes not that the obligor is bale, ready and !illing but more so, in the act of performing his obligation a. promissory note c. bill of e0change b. tender of payment d. obligation to sell )8. Which of the follo!ing is not considered as (uasiGcontract/ a. 'olutio 5ndebiti b. !hen the third person, !ithout 9no!ledge of the debtor, pays the debt c. negotiorum gestio d. reimbursement due the person !ho saved property during re or storm !ithout the 9no!ledge of the o!ner )<. 61, 62 and 6) oblige themselves solidarily to give $a specic car valued "12, ###.3n due date demanded delivery but the debtors failed to deliver .The ne0t day, !hile 61 still in possession of the car, it got lost due to fortuitous event. The right of $ is a. &one, obligation is totally e0tinguished b.proceed against any of the debtors for the value and damages c. proceed against 61 only, because he is the one in possession at the time it !as lost )=. 5n tender and consignation: if after consignation is made, the creditor allo! the debtor to !ithdra! the thing deposited in court, !hich of the follo!ing is incorrect/ a.coGdebtors, guarantors and securities are released from the obligation unless they consented b. the obligation remain to subsist c. the obligation is e0tinguished d. none of the above )?. , B and $ are >oint debtors of >oint creditors W, *, + and - in the amount of ")##, ###. o! much can W and * collect from B/ a. " <%,### c. " 1%#,### b. " 1##,### d. " %#,### #. 6 o!es $ 1#,### payable on 6ecember 2%. Hater, 6 forced $ to sign a promissory note for 1#,### payable on 6ecember 2%. 5f all the other re(uisites of compensation are present, are both debts e0tinguished/ a. +es, under the legal compensation b.&o, B’s consent !as obtained by force c. yes, !ith approval of the court d. not given 1. * has been missing for sometime leaving for no one to manage his properties and B >ointly too9 charge of the management thereof. o!ever, due to the fault of , the properties of * !ere damaged .The liability therefore to * for damages shall be: a. only shall be liable b. both shall be >ointly liable c. both shall be solidarily liable d. they are not liable since at fault for having abandoned his properties 2. * by mista9e delivered to and Ba sum of money !hich should have been delivered to $ and 6. * no! demands the return of the same from and B. The liability of the latter for the sum of money to !hich they are not entitled shall be: a. and B shall be liable solidarily b. and B shall be liable >ointly c. They are not liable for having received the money in good faith d. * has not the right to recover as he !as negligent in the delivery of the money
). o!es B a sum of money evidenced by promissory note !hich has prescribed !ithout the 9no!ledge of , paid B his debt. Hater reimbursed * for the payment of the latter to B although he has no obligation to do so. fter payment no! !ants to recover hi payment to * on the ground that he !as not obliged to reimburse him. Which of the follo!ing is not correct/ a. can recover his reimbursement to * to prevent un>ust enrichment on *’s part at the e0pense of . b. cannot recover because he has civil obligation to reimburse * for the latter paid his debt to B c. cannot recover because he parta9es of a natural obligation d. cannot recover since there !as reimbursement by mista9e . 5n !hich of the follo !ing instances does legal subrogation not apply/ a. !hen a creditor pays another creditor !ho is preferred, even !ithout the debtor’s 9no!ledge b. !hen the third person, not interested in the obligation, pays !ith the e0press or tacit approval of the debtor c. !hen a third person pays the creditor !ithout 9no!ledge or against the !ill of the debtor and yet entitled to benecial reimbursement d. !hen, even !ithout 9no!ledge of the debtor, a person interested in the fulllment of the obligation pays, !ithout pre>udice to the e7ects of the confusion as to the latter’s share. %. bought biscuits from a grocery store and !as hospitaliIed due in food poisoning as a result of to0ic substance contained in the biscuits sold to retailers by the ce oods 5nc. is no! suing the said producer corporation for damages 6ecide: a. has no right to claim damages from the producer because there !as no contract bet!een them. b. ce oods 5nc is not liable to because the latter !as negligent in eating the biscuit despite the presence of harmful substance therein. c. must claim damages from the grocery store and not from the producer since the grocery !as the one !hich sold the poisoned food to . d. ce ood 5nc is liable for damages due to (uasiGdelict to its negligence in the preparation of the biscuits thus causing to . 8. cceptance of commercial document is e(uivalent to payment: a. The chec9 has been received as payment b.The chec9 has become valueless because of the creditors fault c. The chec9 is a managers or cashier’s chec9 d. The promissory note is used as payment <. The debtor shall lose every right to ma9e use of the period e0cept: a. When after the obligations has been contracted he becomes insolvent, unless he gives a guaranty or security for the debt b.When does not furnish a guaranty or security for the debt c. When the debtor attempts to ascond d. When he violates any underta9ing consideration of !hich the creditor agreed to the period. =. When the debtor binds himself to pay !hen his means permit him to do so is one: a. With a condition is dependent upon the debtors !ill b.With resolutory period upon the debtors !ill c. With period dependent upon the debtors !ill d. With the condition to be 0ed by court ?. 6 o!es $ "14. ; is the guarantor. stranger ' paid $ the debt 6 !ithout the 9no!ledge of the latter. 5n this case: a. 5f 6 fails to pay ', the latter can compel ; to pay himJ b. 5f ; pays ', the former can demand reimbursement from 6J c. ' cannot compel ; to pay himJ d. 6 has no obligation to reimburse ' because he paid !ithout the consent of 6. %#. 6 o!es $ "14. proposed to B that $ !ill pay ’s debt and that he !ill be released from all liabilities not him. B and $ agreed to the proposal. Hater !hen B tried to collect from $, he found out that he !as insolvent a. is no longer liable to B because of the substitution of $ in his place if he had no 9no!ledge of the insolvency despite it being of public 9no!ledgeJ b. is no longer liable to B even if he had 9no!ledge of $’s insolvency despite it being of public 9no!ledge c. still liable to b because he !as the one !ho proposed to B that $ shall substitute to him as debtor d. is longer liable to b despite the insolvency of $ unless said !as of the public 9no!ledge or 9no!n to him !hen he delegated the debt.
BUSINESS LAW QUIZ ON OBLIGATION-PART II
1. 5n three of the follo!ing cases, compensation cannot be claimed by the debtor e0cept: a. By the bailee in commodatumJ b. By the depositor in contractor depositJ c. By the person obliged to give support due by gratuitous titleJ d.By the debtor in an obligation arising from a penal o7ense 2. Which of the follo!ing is not a re(uisite for legal compensation/ a. Both debts are dueJ b. Both are li(uidated and demandableJ c. By the person obliged to give support due by gratuitous titleJ d. By the debtor in obligation arising from a penal defense ). o!es B "14 guaranteed by *. 5n turn, B o!es ".%4. failed to pay B and the latter i s no! collecting from *. a. * is liable to B for "14 because as guarantor he is liable for the debt of the debtor in case of nonGpayment thereofJ b. * shall be liable to B for ".%4 only if the latter agrees to the compensationJ c. * cannot claim compensation against B because the latter o!es him nothingJ d. * can set up compensation as regards !hat B o!es . o!es B "14 guaranteed by $. B assigns his credit *. * assigns his credit to +. + assigns his credit to $, the guarantor, 6oes still have to pay $/ a. &o because the guarantor is liable to the creditor B and not to debtor . b.+es because the guarantor has no! become the creditorJ c.&o because it is the obligation of the guarantor pays the creditor for the benet of the debtorJ d. +es because the guarantee has been e0tinguished by confusion or merge of rights %. o!es B "14. B o!es ".%4. B assigned credit to $ !ith the consent of a !ho reserved his right to compensation. a. claim compensation against $ as to !hat b o!es him. b. cannot claim compensation against $ because he consented to the assignment c. cannot claim compensation against $ !ithout his consent d. cannot claim compensation against $ even !ithout the reservation 8. o!es B "14 due on an.21, 2##1. B o!es a ".24 due on an.2#, 2##1 and ".)4 due on 4arch 2, 2##1. B assigned the credit to $on eb.2, 2##1 !ithout the 9no!ledge of !ho obtained 9no!ledge of the assignment of credit on eb. , 2##1 a. cannot claim compensation against $ because of his 9no!ledge of the assignmentJ b. can claim compensation up to ".24 onlyJ c. can claim compensation of all the debts of B to himJ d. Hegal compensation cannot ta9e place. <. o!es B "14 on eb. ), 2##1. B o!es a lancer ;'K !orth "14 due on eb., 2##1 a. 3n eb. ), 2##1, cannot claim compensation because one of the debts is not yet dueJ b. 3n eb. , 2##1, cannot claim because both debts are no! dueJ c. The parties can agree on compensation only eb., 2##1 !hen both debts are dueJ d. Hegal compensation cannot ta9e place =. o!es B "14 !ith 12C interest. s agreed upon among parties, the principal amount shall be paid to B but the interest shall be given to $ !ho accepted the stipulation in his favor. Hater and B agreed that instead of cash it shall be parcel of land !orth "14 a. The novation of the obligation shall also e0tinguish the accessory obligation to pay the interest to c. b.5n the absence of the consent of $ to the novation, he is still entitled to the interestJ c. With or !ithout the consent of $, the obligation to give the interest to him is also e0tinguished because of the novation of principal obligationJ d. 'ince the parcel of land could possibly earn interest, the obligation to pay interest is e0tinguished ?. o!es B a sum of money and secured by a pledge on his car. Hater, the car is found to be in the possession of . a. 5t is presumed that the debt of has been condonedJ b. 5t is presumed both the debt and pledge has been remittedJ c.5t is presumed that debt is e0tinguishedJ d. 5t is presumed that the pledge is condoned 1#. 5n !hich of the follo!ing is consignation alone !ithout prior tender of payment not valid to e0tinguish the obligation/ a. When t!o or more persons claim the same right to collectJ b. When the title of the obligation has been lostJ $.When !ith >ust a cause the creditor refuses to issue a receiptJ d. When is incapacitated to receive the payment at the time it is due.
11. Which of the follo!ing is not a re(uisite of payment by cession/ a. 3ne debtor and t!o or more creditors b. The debtor is insolvent c. The creditors become o!ners of the properties assigned to them d. The creditors are authoriIed to sell the properties of the debtor 12. Which of the follo!ing is not a re(uisite of 6ation in payment/ a. 3ne debtor and t!o or more creditors b. The debtor is insolvent c. The creditors become o!ners of the property used as paymentJ d. cceptance of the creditor is not necessary 1). 6 obtained a loan from $ payable on or before 6ecember )1, 2##2. Which of the follo!ing statements is correct/ a. $an only pay the obligation on 6ecember )1,2##2 b. $an demand payment from 6 on before 6ecember )1, 2##2 c. $an demand payment from 6 even before 6ecember )1,2##2 d. 6 can pay on before 6ecember )1,2##2 1. The obligation of "edro in favor uan amounts to "hp )#,###.## payable on 4ay %,2##2. 3n pril 1%, 2##2 $iriaco and "edro agreed that $iriaco !ill pay the obligation of "edro. uan gave his consent to the said agreement .The change of the debtor in this called: a. substitution b. e0promission c. subrogation d. delegacio 1%. * issued a promissory note to amounting to "hp 1#,###.##. purchased a computer from B and he indorsed the note to B. B indorsed the promissory note to $ in payment of his loan .$ indorsed the said promissory note to * as payment for the repair of his car .The obligation of * in this case is e0tinguished by: a. novation c. confusion or merger of rights b. compensation or merger of rights d. condonation or remission of rights 18. $ bought only the car of 6 on ebruary 1%, 2##2 and 6 agreed to deliver it to $ on pril )#,2##2. They did not agree on the place of delivery .Where is the place of delivery/ a. domicile of the debtor c. !here is the car on pril )#,2##2 b. !here is the car on ebruary 1%,2##2 d. domicile of the creditor 1<. 6 has an obligation to deliver his dog to $ on 3ctober 18, 2##1. 3n 3ctober 1#, 2##1, the said dog gave birth to seven puppies. 3n 3ctober 18, 2##1, 6 failed to deliver the said dog .Who shall be the o!ner of the dog on 3ctober 18, 2##1/ a. $ because that it the agreed date of delivery b.6 because the dog is still in his possessionJ c.$ because he has the right to demand its delivery d. 6 because the delivery of the dog is dependent upon his !ill 1=. When the obligor binds himself to pay !hen his means permit him to do so, the obligation is: a. conditional b. facultative c. pure d. !ith a period 1?. obtained a loan from B in the amount of "hp 1#,###.## payable on 6ecember )1,2##2 plus 1#C interest. !on in the lotto and on 4arch )#, 2##2 he o7ered to pay his loan to B plus "hp1,###.## as interest but B refused to accept his payment .Which of the follo!ing statement is correct/ a. can le a consignation in court because B refused to accept his payment !ithout >ustiable cause. b. B can compelled to accept the payment if the interest !ill be increased c. B must accept the payment because it is complete d. cannot compel to B to accept his payment because the loan is not yet due. 2#. 6 has the obligation to give a t!oGyear blac9 male dog to $ on pril )#,2##2.3n pril 2,2##2, all of the dogs of 6 !ere hit by lightning and they all died. Therefore: a. The obligation of 6 to $ is e0tinguished c. $ can only demand for damages from 6 b. 6 must still gave the t!o year old blac9 male dog to $. d. $ can demand for the dog plus damages
21. 5n alternative obligation, the right of choice belongs to: a. The creditor c. Both creditor and debtor b. The debtor d. Third person the right of choice is !ith the debtor, unless e0pressly given to the creditor. 22. 5n facultative obligation the right choice belongs to: a. The creditor c. Both creditor and debtor b. The debtor d. Third person e. &one of the above
2). The sources for liability for damages are the follo!ing e0cept: a. raud b. &egligence c. 6elay d. uasiGdelict 2. When the fulllment of the condition depends upon the sole !ill the debtor, the conditional obligation shall be: a. Loidable b. Fnenforceable c. Lalid d. Loid potestative on the part of the debtor: if suspensiveML356J if resolutoryMLH56. NON///PP 2%. - obtained a loan from * on the amount of 1#,###.##. - promised to pay the said loan of 1#,###.## to * as soon as possible. T!o year had lapsed but the loan is still unpaid .The remedy available to * is: a. To le an action against rturo for collection of debt b. To demand payment for damages c. To attach the property of -J d. To as9 @petitionA the court to 0 the period 28. , B and $ are solidarily creditors of 6 in the amount of 1%,###.##. $ demanded payment from 6. fter the demand for payment by $, 6 in order to e0tinguish the entire obligation may pay to: a. only b. B only c. $ only d. To either or B
2<. &o person shall hold responsible by reason of fortuitous event e0cept: a. When time is the essence of the contractJ b. When demand !ould be useless c. When the nature of the obligation re(uires the assumption for ris9 d When the obligation is purely personal in nature 2=. 6ela $ruI obliged himself to deliver a determinate horse to 4ary ane on &ovember %.Whe!n the date of the delivery of the horse arrived, the horse has already an o7spring. 6ela $ruI is obliged to deliver the: a. orse only b. The horses as !ell as the o7spring c. 6ela $ruI can refuse to deliver both the horse and o7spring d. 6ela $ruI may as9 4ary nn to pay the o7spring 2?. When the obligor voluntarily prevents the happening of the condition it is deemed that the condition is: a. $onstructively fullled c. constructively demandable b. constructively e0tinguished d. constructively nullied )#. bound himself to deliver a determinate horse to B on anuary 1, 2##2 .3n anuary 18, 2##2 the horse !as struc9 and 9illed by lightning a. is liable for the loss of horse because he !as in delay b. has the obligation to replace the horse c. ’s obligation is e0tinguished d. B may claim damages from )1. "ayment by cession as distinguished from the 6ation in payment a. The debtor is not necessarily in a state of nancial diQculty b. The e7ect is to release the debtor for the net proceeds of the things cede or assigned c. The property is alienated by the debtor to the creditor in satisfaction of a debt in money d. What is delivered by the debtor is merely a thing to be considered as the e(uivalent of the performance of the obligation )2. o!es B 2#,### !hich become due and payable last une 2), 2##1. 3n that date o7ered B 1#,### the only money he then had but B refused to accept the payment. therefore met $, B’s 2) year old son, to !hom he gave the 1#,### !ith the re(uest that he turn the money to B. The money !as stolen !hile in the $’s possession. o! much may B still recover from / a. 2#,### b. 1#,### c. 1%,### d. #.## )). 5f a third person pays an obligation. What are the rights !hich are available to him if he pays the obligation !ith the 9no!ledge and consent of the debtor/ irst ans!er R e can recover from the debtor the entire amount, !hich he has paid 'econd ans!er Re is subrogated to all the rights of the debtor / a. Both ans!ers are correct c. 3nly the rst ans!er is correct b. Both ans!ers are !rong d. 3nly the second ans!er is correct ). , B and $ e0ecuted a promissory note binding themselves to pay ?,###.## to *, + and -. The note is no! due and demandable. $an the creditors proceed against alone for the payment of entire debt/ a. &o each creditor can collect ),### from b. +es either *, + or - can collect ?,### from c. &o each creditor can collect only 1,### from d. +es the promissory note is silent !ith respect to the rights of the creditor s, the obligation is presumed to solidarily )%. 5ndivisibility as distinguished from solidarity a. "lurality of sub>ect is invisible b. When the obligation is converted into one of indemnity for damages because of breach, the character of the obligation remains c. Kefers to the legal tie or vinculum
d. Kefers to the prestation !hich constitute the ob>ect of obligation )8. source of obligation not arising from la! a. negotiorum gestic b. solutio indebiti
c. culpa a(uiliana
d. contract
)<. The loss or deterioration of the thing intended as a substitute through the negligence of the obligor does not render him liable person alternatively bound by di7erent prestation shall completely perform one of them a. true, true b. true, false c. false , true d. false ,false )=. There being no e0press stipulation and if the under ta9ing is to deliver a determinate thing the payment shall be made a. t the domicile of the debtor b. at the domicile of the creditor c. !hatever that thing might be at the moment the obligation !as constituted d. !henever the thing might be at the moment the obligation is to be fullled )?. 6emands is not needed to put the debtor in fault, e0cept a. When the demand !ould be useless b. When the parties so stipulate c. When time is the essence d. When the 0ing of the time is the controlling motive for the establishment of the contract
#. $ulpa a(uiliana as distinguished from culpa contractual a. "roof of due negligence in the selection and supervision of the employees is not as a defense b. "roof of the contract and of its breach is suQcient prima facie to !arranty recovery c. The negligence of the defendant is merely an incident in the performance of the obligation d. The source of liability is the defendant’s negligent acts or omission itself 1. This is the 9ind of diligence that the obligor must observe in the performance of his obligation to give something: a. 6iligence of a good father of a family b. 0traordinary diligence of a good father of a family c. 6iligence of a good father of a family d. 6iligence of a good father of a family even if the la! or the stipulation re(uires another standard of care 2. 6 o!es $ "14. * !ithout the 9no!ledge or against the !ill of 6 paid $ "24. $an * get reimbursement from 6/ a. "24 by the !ay of reimbursement from 6 to prevent un>ust enrichment on the part of 6 at the e0pense of * b. "14 only for that is the e0tent of the benet of 6. c. &o reimbursement because the payment !as not proper being !ithout the 9no!ledge or against the !ill of 6. d. "14 plus interest from the time of payment until reimbursement ). 4el sold to ay her car and promise to deliver the car to ay on anuary )#, 2## .3n anuary 1%, 2##, 4el sold the same car to "atric9 and "atric9 immediately possessed the car. s of ebruary %, 2##, ay has not received the car from 4el. a. ay can cancel the contract of sale bet!een 4el and "atric9 because the contract of the sale bet!een him and 4el !as perfected rstJ b. 4el cannot considered in delay because there !as no demand yet from ay c. 4el is already in delay, even if there !as no demand from ay and she shall be liable for damages d. The sale is rescissible because of damage caused to ay . ' sold his car !ith "late &o. *+- 12) to B and B paid 1%#,### to '. They agreed that the said car !ill be delivered by ' to B on 6ecember 1, 2##2 .Which of the follo!ing statements is true based on the facts given/ a. B is considered as the o!ner of the car on 6ecember 1, 2##2 b. ' may deliver the car to B on 6ecember 12.2##2 and compel to B to accept it. c. B may demand for the delivery of the car on 6ecember 1), 2##2 d. ' !ill be delay if he !ill not be able to deliver the car on the maturity date %. Which of the follo!ing statements is true and correct/ a. Where an obligation is secured by a pledge or mortgage and it is not paid !hen due, the pledge or mortgagee may appropriate the thing given by the !ay of pledge and mortgage b. 5n both pledge and mortgage, the creditor is entitled to deciency >udgment
in
c. "ledge and mortgage are accessory contracts because they cannot e0ist by themselves d. Fnless other!ise agreed upon by the parties, the sale of the mortgaged property e0tinguishes full the mortgage constituted thereon.
@aA pactum commissorium @prohibited by la!A @bA in a pledge, the creditor does not get the deciency @dA if there’s still deciency even after the property mortgaged had been foreclosed, debtorG mortgagor is still liable for the deciency.
8. , B and $ borro!ed ")4 from 6, and evidenced by a promissory note !orded as follo!s to !it.E5 promise to pay 6, and ")4. @'gdA , B and $E. o! much can 6 collect from / a. ")4 b. ".%4 c. "1.%4 d. "14 <. , B and $ bound themselves to deliver * a specic car !orth ")4. 6ue to the fault of the car !as lost. 5n this case: a. * can claim damages from any one of the three proportionate part of liability because the obligation is indivisible b. * can claim only from the !hole amount of damages other than value of the car c. 'ince solidarily liabilities for damages, * can claim the same from any of the three d. 6 is only liable for damages although B and $ are liable for their respective shares in the obligation =. H, 4 and & are the solidarily debtors of + for the amount of )##,### payable as follo!s: HG %#,### payable !hen he passed the $" Boards 0ams 4G 1##,### payable on ebruary 1, 2## &G 1%#,### payable upon completion of his construction pro>ect 5f H !ill pass the $" Boards 0ams, !hat shall be the right of +/ a. demand %#,### from H only c. demand )##,### from H,4 and & b. demand %#,### from H,4 and & d. demand )##,### from H only ?. obliged himself to deliver the cans of po!dered mil9 B from "angasinan to 4anila. While his truc9 !as traveling on the &orth e0press!ay, it !as hiG>ac9ed by the band of robbers !ho also too9 the cans of mil9 belonging to B. 5s l iable for the loss of goods/ a. &o because they !ere generic things and they cannot be lost b. +es because he !as in possession of the same at the time of the loss and therefore presumed at fault. c. +es because there !as no stipulation e0empting him from loss in case of fortuitous event d. &o because the loss !as due to fortuitous event %#. brought her diamond ring to a >e!elry shop for cleaning and the latter undertoo9 to return the ring by ebruary 1,2###. When the said date arrived, the >e!elry shop informed that the >ob !as not yet nished and they as9ed to return ve days after. 3n ebruary 8, 2### !ent to the shop to claim the ring but she !as informed that the same !as stolen by a thief the night before. 6ecide a. The >e!elry shop is not liable for the loss because it too9 place due to the force ma>eure b. The >e!elry shop is not liable if it !as so stipulated bet!een the parties c. The >e!elry shop is not liable for the loss despite the force ma>eure because of delay d. The >e!elry shop is not liable for the loss because there !as no delay on its part
BUSINESS LAW QUIZ ON OBLIGATIONS – PART III MULTIPLE CHOICE. 'elect the best ans!er by !riting the letter of your choice
1. The follo!ing are the re(uisites of an obligation, e0cept a. "assive sub>ect, debtor, debtor or obligor b. ctive sub>ect, creditor, or obligee c. Qcient cause d. "resentation 2. 3bligations arise from the follo!ing e0cept: a. $ontracts c. Ha! b. uasiGcontracts d. &egligence ) 5t is a voluntary administration of the property of another !ithout his consent a. &egotiorum gestio c. uasiGcontract b. 'olutio indebiti d. $ontract . 5t is a !rong committed !ithout any preGe0isting relations bet!een the parties a. &atural obligation c. uasiGcontract b. uasiGdelict d. $ulpa contractual %. Fnless the la! or stipulation of the parties re(uires another standard of care, every person obliged to give something is also obliged to ta9e care it !ith a. 0traordinary diligence b. 6iligence of a father of a good family c. 6iligence of a father of a good family d. ;ood diligence of a father of a family 8. The creditor has a right that is enforceable against a denite passive sub>ect. The right is 9no!n a. "ersonal right c. 6eterminate thing b. Keal right d. Keal thing <. 5t is a thing that is particularly designated or physically segregated from all others of the same class. a. ;eneric thing c. 6eterminate thing
b. 5ndeterminate thing
d. Keal thing
=. 3ne of the follo!ing is a determinate thing a. B4W !ith the license plate no. &T === b. 3ne of the vehicles
c. onda $ivic 'ir car d. gold Kole0 !atch
?. 6emand must be made for delay to e0ist in one of the follo!ing case. a. When it !as stipulated by the parties that demand need not made b. When the la! provides that demand need not be made c. When the obligation is silent on the necessity of demand d. When the time is of the essence of the contract 1#. This refers to delay on the part of the creditor a. 4ora solvendi e0 re b. $ompensation morae
c. 4ora solvendi e0 persona d. 4ora accipiendi
11. There shall be no liability for the loss due to fortuitous event in one of the follo !ing case. a. When the debtor delays b. When the parties stipulated that there shall be liability even in case of loss due to fortuitous event c. When the nature of the obligation re(uires the assumption of ris9 d. When there !as no stipulation as to liability of the debtor in case of loss due to fortuitous event
12. The follo!ing are the remedies of the creditor to pursue his claims against the debtor e0cept: a. "ursue the property o!ned b. 0ercise all the rights and bring all the actions of the debtor for the said purpose @accion subrogatoriaA c. 5mpugn the acts !hich the debtor may have done to be defraud his creditor. @accion paulianaA d. $ompel the debtor to perform the service in obligations to do ///PP 1). 6 borro!ed %#,###.## from $. $ dies before he has collected the debt leaving ', his soon as heir. Which of the follo!ing statements are correct/ a. ' can collect from 6 although 6 and $ did not agree that the right to the debt !ill pass on to the heirs of $ b. ' cannot collect because the credit right is personal to $. c. ' can collect only if 6 and $ agreed that the right to the debt !ill pass on the heirs of $ d. ' cannot because the la! prohibits the transmission of the credit right 1. 6 is obliged to give $ a specic car if $ passes the $" 0amination. This obligation is an e0ample of: a. pure obligation b. n obligation !ith a suspensive condition c. n obligation !ith a resolutory condition d. n obligation !ith a period 1%. 3ne of the follo!ing obligations is not immediately demandable. a. "ure obligation b. 3bligation !ith a resolutory condition c. 3bligation !ith an in diem period d. pure obligation really//PP//PP 5 guess, it is !hen an obligation is !ith a 'F'"&'5L condition. 18. 3ne of the follo!ing is a void obligation/ a. 6 is obliged to give $ %,###.## if $ does not go to the moon b. 6 is obliged to give $ %,###.## if 6 goes to Baguio c. 6 is obliged to give $ %,###.## if $ goes to Baguio d. 6 is obliged to give $ %,###.## if 6 !ins the rst priIe in the s!eepsta9es on a tic9et that he had already purchased. "otestative. 6epends upon the sole !ill of the debtor. Loid. 1<. 6 is obliged to give $ 1#,###.## if * dies. This e0ample of: a. n obligation !ith a suspensive condition
b. n obligation !ith a resolutory condition c. n obligation !ith a period d. pure obligation 1=. When debtor binds himself to pay !hen his means permit him to do so, the obligation is: a. n obligation !ith a resolutory condition b. pure obligation c. n obligation !ith a suspensive condition d. n obligation !ith a suspensive period 1?. Whenever a period is designated in an obligation, the said perio d shall presumed to have been established for the benet of: a. The debtor c. Both the debtor and the creditor b. The creditor d. either of the parties 2#. The debtor shall lose the right to ma9e use of the period in the follo!ing cases, a. When he becomes insolvent b. When he violates any underta9ing in consideration of !hich of the creditor agreed to the period c. When the debtor attempts to abscond d. When he does not furnish any guaranty or security to the creditor failure to furnish the guaranties or securities promised. /// 21. n obligation ceases to be alternative and becomes a simple obligation in the follo!ing cases, a. When the debtor has communicated his choice to the creditor b. When the right of choice has been e0pressly granted to the creditor and his choice has been communicated to the debtor c. When among the several prestation that due only one is practicable d. When several prestation are due to the performance of one is enough to e0tinguish the obligation
22. 6 obliged to give $ specic !atch, a specic ring, or a specic bracelet .The parties agreed that $ !ill have the right to choose the thing this !ill be given to him. Before $ could ma9e his choice, the !atch and the ring are lost through 6’s fault, successively. What is the right of $/ a. $ may choose the delivery to him of the bracelet or the price of the !atch or the price of the rings plus damages b. $ cannot choose the price of the !atch or the price of the ring because the said ob>ects have already been lost c. $an only choose to have the bracelet because any!ay, 6 can still perform his obligation d. $ can only choose to have delivery of the bracelet or the price of the ring !hich !as the last item that !as lost plus damages 2). 6 obliged to give $ specic ring. The parties agreed that 6 may give a specic bracelet as substitute. Which of the follo!ing statements is true/ a. 5f the ring is lost through a fortuitous event before substitution , the obligation is e0tinguished b. 5f the bracelet i s lost through a fortuitous event before substitution , the obligation is e0tinguished c. 5f the ring is lost through a fortuitous event even after before substitution, the obligation is e0tinguished d. a. 5f the ring is lost through the debtors fault after substitution, the debtor shall pay the damages 2. , B, $ and 6 are obliged to give L, W,*,+ and - 2#,###.## a. L may collect from B 2#,###.## b. L may collect from B %,###.## c. L may collect from B 1,###.## d. L may collect from B ,###.## 2%. ,B,$ and 6 >oints debtors ,are obliged to give L,W,*,+ and - solidary creditors 2#,###.## a. L may collect from B 2#,###.## b. L may collect from B ,###.## c. L may collect from B %,###.## d. L may collect from B 1,###.##
28. ,B,$ and 6 >oints debtors ,are obliged to give L,W,*,+ and - solidary creditors 2#,###.## a. L may collect from B 2#,###.## ///PP solidary debtors ada/ b. L may collect from B ,###.## c. L may collect from B %,###.## d. L may collect from B 1,###.## 2<. ,B,$ and 6 solidarily debtors ,are obliged to give L,W,*,+ and - solidary creditors 2#,###.## a. L may collect from B 2#,###.## b. L may collect from B ,###.## c. L may collect from B %,###.## d. L may collect from B 1,###.## 2=. , 2%, B,)% and $,1< are solidary debtors of * in the amount ?,###.## a. L may collect from ?,###.## b. L may collect from B 8,###.## c. L may collect from $ ?,###.## d. * may collect because the obligation is voidable, $ being a minor 2?. The folllo!ing obligations are divisible, e0cept an: a.3bligation to give denite things B.3bligation !hich has for its ob>ect the e0ecution of certain number of days or !or9 c. 3bligation !hich has for its ob>ect the accomplishment !or9 by metrical units d. 3bligation !hich by its nature is susceptible of partial performance )#. 5n obligations !ith a penal clause, the creditor as a rule may recover from the debtor in case of breach of the follo!ing: a. The penalty as agreed upon plus damages and interest b. The penalty and damages c. The penalty and interest d. The penalty only
)1. $onsider the follo!ing statements: 5. The nullity of the principal obligation carries !ith it the nullity of the penal clause 55. The nullity of the principal obligation does not carry !ith it the nullity of penal clause 555. The nullity of the penal clause carries !ith it the nullity of the penal clause of the principal obligation 5L. The nullity of the penal clause carries !ith it the nullity of the penal clause of the principal obligation a. 'tatements 5 and 555 are true b. 'tatements 5 and 5L are true c. 'tatements 5 and 55 are true d. 'tatements 55 and 5L are true
)2. 6 borro!ed from $ %#,###.##.The obligation is secured by a chattel mortgage on 6’s Toyota car. 'ubse(uently , 6 paid $ 2#,###.## .Fn9no!n to 6, T, a third person , pays $ %#,###.## believing that 6 still o!ed $ such amount. a. T can recover %#,###.## from 6.5f 6 cannot, T can foreclose the mortgage on 6’s Toyota car b. T can recover nothing from 6because he paid out ! ithout 9no!ledge and consent of 6 c. T can recover )#,###.## form 6. 5f 6 cannot, T can foreclose the mortgage on 6’s Toyota car d. T can recover )#,###.## form 6.5f 6 cannot ,T can foreclose the mortgage on 6’s Toyota car )). The follo!ing concerning payment by cession are true e0cept a.The creditors become the o!ners of these properties of the debtor that !ere ceded to them b. "ayment by cession e0tinguishes the obligations only to the e0tent covered by the proceeds of the sale of debtor’s properties c. The debtor must be insolvent d. $ession a7ects all the properties of the debtor e0cept those e0empt from e0ecution
). 6 obtained from B$ Ban9 a loan of 12,###.## payable at the end of 1# years. Before maturity, an e0traordinary inSation supervened causing the value of the debt to fall to ,###,###.## on the date of maturity. 3n due date, 6 must pay B$ Ban9: a. 12,###,###.## b. ,###,###.## c. 2#,###,###.## d. 18,###,###.## )%. B borro!ed from *+- Ban9 2,###,###.## payable at the end of % years. Before maturity, an e0traordinary inSation supervened causing the value of the debt to rise to %,###,###.## on the date of maturity. 3n due date,B must pay *+- Ban9: a. 2,###,###.## b. %,###,###.## c. =##,###,###.## d. 2#,###,###.## )8. The money or currency !hich the debtor may compel the creditor to accept in payment of a debt, either public or private is 9no!n as: a. &egotiable instrument b. Hegal tender c. &egotiable document of title d. 4ercantile document )<. The transmission of o!nership of a thing by the debtor to the creditor as an accepted e(uivalent of performance is 9no!n as: a. "ayment by cession b. 6ation in payment c. pplication of payment d. $onsignation
)=.6 o!es $ the follo!ing debts:8,###.## due on une 12: 8,###.## on une 1%: 8,###.## due on une 1=J and 8,###.## due on 2#. ll debts are unsecured e0cept the debt due on une 2# !hich is secured by a pledge of 6’' diamond ring to $,By agreement , the benet of the term on the debts !as made in favor of 6. ssuming that 6 has 8,###.## on une 1= and is ready to pay $,!hich of the follo!ing statements is correct/ a. 6 may apply his payment of 8,###.## to any of the debts due on une 12, une 1% and une 1= since they are all due as of une = b. 6 may apply it only to the debt due on une 2# because it is the most burdensome to him c.6 must apply the payment proportionately to the debts due as of une1= at 2,###.## each d. 6 may apply the payment to any of the four debts in application of payment, the Dmore burdensome ruleE is &3T applicable. )?. The o7er made by the debtor to pay his obligation to his creditor is 9no!n as: a. $onsignation b. Tender of the payment c. pplication of payment d. 6ation of payment #. $onsignation alone !ithout any tender of payment is suQcient in the follo! ing cases, e0cept: a. When the creditor is absent, un9no!n or does not appear at the place of payment
b. When the title of the obligation has been lost c. When !ith >ust cause the creditor refuses to issue a receipt d. When t!o or more persons claim the same right to collect 1. 4 o!es " 1#,###.##.The obligation is evidenced by a promissory note. 'ubse(uently, " indorsed the note to , to B B to $, and $ bac9 to 4. The obligation of 4 is e0tinguish by: a. $ompensation b.$onfusion c.$ondonation d.$onsignation 2. The condonation of the obligation to pay interest also results in the e0tinguishment of the principal obligation. a. $ondonation of an obligation re(uires the acceptance of the debtor b. Both are correct statements c. Both are incorrect statements d. 3nly the second statement is corect ). 3ne of the follo!ing is not re(uisite of legal compensation a. That each one of the obligors bound principally, and that he is at the same time a principal creditor of the other b. That the t!o debts be due c. That both debts be li(uidated and demandable d. That the debts are payable at the same place . enry, husband, and Wilma, !ife are legally separated. By order of the court !hich decreed the legal separation, enry is obliged to give a monthly support of 1#,###.## to Wilma payable !ithin the rst ve days of the month. Wilma o!es enry 1#,###.## by !ay of a business loan. 3n the other hand, enry has not yet given Wilma’s support of 1#,###.## for this month. Both debts are already due .Which of the follo!ing statements is correct/ a. Both debts are e0tinguished by legal compensation b. Wilma may claim compensation but not enry c. enry may claim compensation d. &either may claim compensation %. 6 o!es $ 1#,###.## !ith ; as guarantor. $, on other hand, o!es 6 =,###.##.Both debt are already due but 6 is insolvent .5n this case a. $ may collect from ; 1#,###.## b. $ may collect from B 2,###.## because the guarantor can set up compensation as regards !hat the creditor may o!e the principal debtor c. $ may collect nothing from ; because 6 is insolvent d. $ may collect from =,###.## from ;
8. 6 o!es $ %#,###.##. 'ubse(uently, 6 proposed to $ that T !ill assume his @6’sA debt. $ accepted the proposal of 6. This substitution of debtor is 9no!n as a. 0promission b. 6elegacion c. Tradition d. 6acion en pago <. Kefers to the facts in &o.8. ssume also that on due date, T could not pay because of his insolvency !hich !as in fact subsisting but !as not 9no!n to 6 or of public 9no!ledge at the time that 6 delegated his debt. 5n this case a. $ can revive 6’s debt because T’s insolvency already e0isted at the time that 6 delegated his debt
b. $ can revive 6’s debt !hether or not he @6A !as a!are of T’s insolvency since he @6A proposed the substitution c. $ cannot hold 6 liable because his @6’sA obligation !as e0tinguished !hen he !as substituted by T. d. The novation is void because 6 did not ta9e steps to determine the solvency of T !hen he @6A delegated his debt =. 6 obliged himself to give % grams of shabu to $. Hater, the parties agreed that 6 !ould instead give to $ % sac9s of rice. Which of the follo!ing statements is correct/ a. The novation is void because the original obligation is void. ence, $ cannot demand the delivery of % sac9s of rice from 6. b. The novation is valid because the ne! obligation is valid. ence, $ cannot demand the delivery of % sac9s of rice from 6 c. The original obligation although void is validated by the ne! obligation .enceJ $ can demand delivery of % sac9s of rice from 6 d. The ne! obligation is only voidable because 6 had not yet performed the original obligation at the time of the novation. ccordingly, the ne! obligation is binding and $ may demand the delivery of % sac9s of rice from 6 until the ne! obligation is annulled by a proper action in court. ?. 3n uly 1, 2##8 6 obliged himself to give $ %#,###.## if $ !ill marry * on or before 6ecember )1, 2##8. The condition of the obligation is a a. positive condition b. negative condition c. potestative condition d. casual condition %#. Kefer to &o.?.Which of the follo!ing is correct/ a. The obligation of 6 is demandable if $ marries * on or before 6ecember )1, 2##8 b. The obligation of 6 is e0tinguished if it is already anuary 1, 2##< and has not yet married * c. The obligation of 6 is e0tinguished on 6ecember 2, 2##8 if * dies on the said date and $ has not yet married * d. The obligation is demandable if $ marries * on anuary 1, 2##<
