Answer the following questions:

This is about OBLICON.

Questions (51-65)

51.

In delegacion, will the insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, revive the action of the latter against the original obligor?

Group of answer choices

No, under any circumstances because the obligation is already extinguished

Yes when said insolvency was already existing and of public knowledge, or known to the debtor, when he delegated his debt.

Yes even of the creditor has knowledge that the new debtor was insolvent at the time of delegation

No because the debtor has not given his consent to the delegation

52.

It refers to a special form of payment whereby property is alienated to the creditor in satisfaction of a debt in money.

Group of answer choices

Application of payment

Payment by cession

Dation in payment

Tender of payment and consignation

53.

In case the debtor has the right of choice in alternative obligations and through the fault of the debtor all the things, which are alternatively the object of the obligation, have been lost or the compliance of the obligation has become impossible, what shall be the right of creditor?

Group of answer choices

He may demand the performance of the remaining prestation with damages.

He may demand the performance of the remaining prestation without damages.

He shall have the right to indemnity for the value of the last objet plus damages

He shall have the right to indemnity for the value of any objet plus damages

54.

Demand by the creditor shall not be necessary in order that delay may exist for the following, except

Group of answer choices

When the obligation or the law expressly so declares.

When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract.

When there is unilateral obligation.

When demand would be useless, as when the obligor has rendered it beyond his power to perform.

55.

Obligation which is susceptible of partial performance based on the purpose of the obligation:

Group of answer choices

Solidary

Joint

Divisible

None of the choices

56.

What is the right of a third person who pays for the debtor without the knowledge or against the will of the debtor?

Group of answer choices

The third person may demand the whole amount paid from the debtor.

The third person cannot recover any amount.

The third person may compel the creditor to subrogate him in his rights, such as those arising from mortgage, guaranty or penalty.

The third person may recover only insofar as the payment has been beneficial to the debtor.

57.

The following statements concerning payment made by a third person who does not intend to be reimbursed by the debtor are correct, except

Group of answer choices

It is deemed to be donation.

It requires the debtor's consent.

Payment is in any case valid as to the creditor who has accepted it.

The payment will subrogate the third person with creditor's right.

58.

It refers to a source of an obligation wherein a person by act or omission causes damage to another, there being fault or negligence.

Group of answer choices

Contract

Quasi-contract

Quasi-delict

Delict

59.

The following are the principal consequences of the joint character of the obligation, except

Group of answer choices

The demand by one creditor upon one debtor produces the effect of default only with respect to the creditor who demanded and the debtor on whom the demand was made, but not with respect to the others.

The interruption of prescription by the judicial demand of one creditor upon a debtor does not benefit the other creditors nor interrupt the prescription as to other debtors.

The vices of each obligation arising from the personal effect of a particular debtor or creditor do not affect the obligation or rights of the others.

The insolvency of a debtor increases the responsibility of his co-debtors, nor does it authorize a creditor to demand anything from his co-creditors.

60.

Dation in payment as a mode of extinguishing obligation shall be governed by the provisions of

Group of answer choices

Law of barter

Law of obligation

Law of sales

Law of credit transactions

61.

Article 1170 of the Civil Code provides that "the obligor shall be liable for damages if in the fulfillment of obligation, he is guilty of" except:

Group of answer choices

Injury

Fraud

Negligence

Delay

Contravention of the tenor of obligation

62.

A owes B P5,000 C is the guarantor of A . A was able to pay B P3,000, thus leaving P2,000 unpaid. X, against the will of A and without the knowledge of the partial payment made by A, paid B the sum of P5,000. How does this payment affect the obligation?

Group of answer choices

The obligation is extinguished. X, however, cannot recover any amount from A since the payment was made against the will of A. Instead, X can demand payment from C, the guarantor.

The obligation is extinguished. X, however, can demand only P2,000 from A as this is the amount which benefited A. If A cannot pay, X, having been subrogated into the rights of B can proceed against guarantor C.

The obligation is extinguished. X can demand P 2,000 from A, but if A cannot pay, X cannot ordinarily proceed against guarantor C because having paid against the will of A, X is not entitled to subrogation.

X's payment, having been made against the will of A does not extinguish the obligation.

63.

In case there is stipulation as to whose benefit the period is established, which of the following statement is incorrect?

Group of answer choices

If it is for the benefit of the creditor only, he may demand performance at any time.

If it is for the benefit of the debtor only, he may oppose a premature demand for payment.

If it is for the benefit of the creditor only, the debtor cannot compel him to accept payment before the period expires.

If it is for the benefit of the debtor only, he cannot pay validly at any time before the period expires.

64.

The following statements pertaining to joint and solidary obligations are correct, except

Group of answer choices

If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors and if the latter should be insolvent, the other shall not be liable for his share.

The indivisibility of an obligation gives rise to solidarity.

The solidarity of an obligation does not imply indivisibility

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

65.

Effect of the loss of the thing in a facultative obligation. Which is incorrect?

Group of answer choices

Before substitution, if the principal thing is lost due to fortuitous event, there is no more obligation.

Before substitution, if the substitute thing is lost due to debtor's fault, there is no more obligation.

After substitution, if the principal thing is lost, the debtor is no longer liable even if it was lost due to his fault.

None of the choices.