Law on Obligation and Contracts

I.

TRUE OR FALSE

1. if payment was without the knowledge or against the will of the debtor the payer shall have the rights of reimbursement and subrogation

2. if there is no stipulation on the thing to be delivered is generic the place of payment shall be the domicile of the creditor

3. whoever pays for another may demand from the debtor what he has paid except that if he paid without the knowledge or against the will of the debtor he cannot recover what he had paid

4.whoever pays on behalf of the debtor is entitled to subrogation if the payment is with the consent of the latter

5. D borrowed from C 1000. G is the guarantor. without the knowledge or consent of D, S paid C 1,000. in this case S cannot claim reimbursement from D because S paid the obligation without the consent of D

6.Payment may consist of not only in the delivery of money but also the giving of a thing, the doing of an act or not doing of an act

7.Payment may consist delivery of money only

8.Check is a legal tender

9.The creditor has the right to the fruits of the thing from the time

II.

1. give two cases when a person may be released from an obligation validly entered into

2. give the cases when loss of the specific thing to be delivered will not exempt the obligor from liability even in the absence of fault or delay

3. X owes Y 1 million at the time of X's payment, Y was already insane. Supposed that Y spent 600,000 for his personal and medical need while the other 400,000 was used by him to light a bonfire. Is the obligation is extinguished? please explain your answer.

4.What is the effect of payment in an incapacitated person?

5. In the extinguishment of obligation, what is the effect of payment by third person?

6. W owes Y 1Million. Later W, paid Y 600000 leaving a balance of 400000.

X, W's former boyfriend and intending to surprise her; paid Y the sum of 1million thinking that W still owed Y the said amount. X paid Y without the knowledge of W. How much can X recover from W . please explain your answer