Answer the following questions:

This is about OBLICON.

Questions (36-50)

36.

During the pendency of the suspensive condition, the debtor has delivered a determinate or specific thing by mistake. What is the remedy of the debtor?

Group of answer choices

Accion of indemnification if the thing is still with the creditor.

Accion reinvidicatoria if the thing is still with the creditor.

Accion publiciana if the thing is still with the creditor.

Accion possessoria if the thing is still with the creditor.

37.

The following statements concerning obligations with a penal clause are correct, except

Group of answer choices

In obligations with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance

In case of breach of obligations with a penal clause, damages and interests may be demanded in addition to the penalty if there is stipulation to that effect

The penalty stipulated must not be contrary to law, morals, or public order to be enforceable

Obligations with a penal clause must be construed liberally.

38.

S sold to B a determinate car for P600,000. No date is stipulated for the seller to deliver nor for the buyer to pay the price.

Group of answer choices

S can require B to pay at anytime.

S can consider B guilty of default if B does not pay upon demand by S.

B is required to pay if S delivers the car and demand for payment is made.

All of the choices.

39.

An obligation where only one prestation has been agreed upon but the debtor may render another substitution is called:

Group of answer choices

Simple obligation

Conjoint obligation

Alternative obligation

Facultative obligation

40.

Who has the right to choice in case of alternative obligations?

Group of answer choices

Creditor, unless it has been expressly granted to the debtor.

Debtor, unless it has been expressly granted to the creditor

Always with the debtor.

Always with the creditor.

41.

The following are the instances wherein payment made to a third person is valid, except

Group of answer choices

When in good faith, the debtor pays two one in possession of the credit.

When, without notice of the assignment of the credit, the debtor pays to the original creditor.

When the debtor was judicially ordered to retain the debt.

When the payment to a third redounded to the benefit of the creditor.

42.

It is an obligation, which is subject to a space of time which, exerting an influence on obligations as a consequence of a juridical act, suspends their demandability or determines their extinguishment.

Group of answer choices

Conditional obligation

Obligation with a period

Pure obligation

Demandable obligation

43.

When the debtor binds himself to pay when his means permit him to do so, the obligation is:

Group of answer choices

Pure

Simple

Conditional

With a period

44.

Acceptance of a commercial document is equivalent to payment when:

Group of answer choices

The check has been cashed.

The check became valueless due to the creditor's fault.

Creditor in estoppel

All of the choices

45.

The following statements concerning partial payment are correct, except

Group of answer choices

The creditor cannot be compelled partially to receive the prestations in which the obligations consist except when there is stipulation to the contrary.

The debtor maybe required by the creditor to make partial payments.

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

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

46.

The meeting in one person of the qualities of creditor and debtor with respect to the same obligation is called:

Group of answer choices

Confusion

Compensation

Remission

Novation

47.

The following statements concerning payment are correct, except:

Group of answer choices

Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall not be valid.

The debtor of a thing shall not compel the creditor to receive a different one, although the latter maybe one of the same value as, or more valuable than which is due.

In obligation to do or not to d, an act or forbearance cannot be subtitled by another act or forbearance against the obligee's will.

When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor can demand a thing of superior quality but the debtor can deliver a thing of superior quality.

48.

The following are the distinctions between alternative obligation and facultative obligation, except

Group of answer choices

In alternative obligation, several objects being due, the fulfillment of one is sufficient, determined by the choice of the debtor who generally has the right of election while in facultative obligation, only one thing is due, but the debtor has reserved the right to substitute it with another.

In alternative obligation, the loss of one of the things due affects the obligation while in facultative obligation, the loss of that which may be given as substitute does not affect the obligation.

In alternative obligation, the right of choice may be granted to the creditor while in facultative obligation, the right of choice can never be granted to creditor.

In alternative obligation, the loss of one of the things due extinguishes the obligation while in facultative obligation, the loss of that which is due as the object of the obligation will not extinguish such obligation.

49.

The following are the distinctions between a condition and a period, except

Group of answer choices

A condition is an uncertain event while a period is an event that must necessarily come

While a condition gives rise to an obligation or extinguishes one already existing, a period has no effect upon the existence of obligation, but only its demandability or performance and thus, a period does not carry with it retroactive effect.

A condition may refer to a past event and unknown to parties while a period always refers to the future.

A condition, which depends exclusively on the will of the debtor does not annul the obligation but a period left to the debtor's will merely empowers the court to fix such period

50.

Change of persons or objects:

Group of answer choices

Confusion

Solutio indebiti

Novation

None of the choices