Question
1. Lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another:
1. Lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another:
(A) quasi-delicts
(B) quasi-contracts
(C) culpa contractual
(D) solutio indebiti
2. The following are requisites of an obligation, except
(A) passive subject/ debtor/ obligor.
(B) active subject/ creditor/ obligee
(C) efficient cause.
(D) demand
3. It is the voluntary administration of the property of another without his consent.
(A) negotiorum gestio
(B) solution indebiti
(C) quasi-delict
(D) contract
4. Unless the law or stipulation of the parties requires another standard of care, every person obliged to give something is also obliged to take care of it with:
(A) extraordinary diligence
(B) diligence of a father of a good family
(C) diligence of a good father of a family
(D) good diligence of a father of a family.
5. If the creditor has a right that is enforceable against a definite passive subject, this right is known as:
(A) personal right
(B) real right
(C) natural right
(D) civil right.
6. Under a contract, X bound himself to render tutorial services for Y. Determine the passive subject:
(A) X
(B) Y
(C) Rendering secretarial services
(D) Contract
(E) Quasi-contract
7. Using the premise and choices in No.6, determine the juridical tie.
(A) X
(B) Y
(C) Rendering secretarial services
(D) Contract
(E) Quasi-contract
8. Using the premise and choices in No.6, determine the active subject.
(A) X
(B) Y
(C) Rendering secretarial services
(D) Contract
(E) Quasi-contract
9. Using the premise and choices in No.6, determine the prestation.
(A) X
(B) Y
(C) Rendering secretarial services
(D) Contract
(E) Quasi-contract
10. Carla offers to sell her house to Charles for Php 1,000,000.00. Charles requested if he would accept Php 950,000.00. Which of the following is correct?
(A) The contract is void because there is no consent.
(B) The response of Charles is a counter-offer because it is not absolute.
(C) The response of Charles is a mere request, hence the offer is still effective.
(D) The contract is rescissible because of the because the price is not yet agreed upon.
11. The following are the rules in innominate contracts:
(A) It is based on the stipulations of the parties.
(B) The provisions of the laws on obligations and contracts prevail.
(C) The rules on the most analogous nominate contracts will govern.
(D) The customs of the place govern.
12. The following are principal sources of law, EXCEPT:
(A) decisions of foreign tribunals
(B) administrative orders
(C) jurisprudence
(D) statutes
13. Statement I: Obligations arising from law are presumed. Statement II: If it cannot be determined whether the obligation is joint or solidary, it is presumed to be solidary.
(A) Both statements are INCORRECT.
(B) Both statements are CORRECT.
(C) Only Statement I is correct.
(D) Only Statement II is correct.
14. In which of the following cases is demand NOT required to be made on the due date of the obligation in order for delay to exist?
(A) when it was stipulated by the parties that demand need not be made
(B) when the law provides that demand need not be made
(C) when the obligation does not indicate whether demand must be made or not on the due date
(D) when time is of the essence of the contract.
15. D borrowed 50,000 from C. C dies before he has collected the debt. Which of the following statements is correct?
(A) C's heirs can collect from D although D and C did not agree that the right to the debt will pass on the heirs of C.
(B) C's heirs cannot collect because the credit right is personal to C.
(C) C's heirs can collect only if D and C agreed that the right to the debt will pass on the heirs of C.
(D) C's heirs cannot collect because the law prohibits the transmission of the credit right.
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