Questions (71-100)

71.

The duty not to recover what has voluntarily been paid although payment was no longer required.

Group of answer choices

Natural obligation

Civil obligation

Moral obligation

None of the choices

72.

The following are causes vitiating consent, EXCEPT:

Group of answer choices

Violence

Fraud

Intimidation

Mistake

73.

It is an obligation, which has an accessory undertaking to assume greater liability in case of breach.

Group of answer choices

Obligation with a condition.

Obligation with a penal clause.

Obligation with a period

Obligation with a substitute.

74.

Default (Mora) of the part of the debtor is called

Group of answer choices

Mora solvendi

Mora accipiendi

Compensatio more

Mora obligor

75.

It refers to a joint obligation:

Group of answer choices

One in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation.

One in which either one of the parties is indispensable and the other is not necessary.

One in which the obligation of one is a resolutory condition of the obligation of the other, the non-fulfillment of which entitles the other party to rescind the contract.

One in which each of the debtor is liable only for a proportionate part of the debt and each creditor is entitled only for a proportionate part of the credit.

76.

The following terms refer to solidary obligation, except

Group of answer choices

Mancomunada solidaria

Joint and several

Pro rata

In solidum

77.

When does the obligor incur delay in an obligation to do something?

Group of answer choices

From the time the obligee demands judicially and extra judicially the fulfillment of obligation.

From the time the obligee demands judicially the fulfillment of obligation

From the time of the perfection of the contract

From the fulfillment of resolutory condition.

78.

In alternative obligations, when shall the choice of prestation produce effect?

Group of answer choices

From the moment it is exercised by the debtor

From the moment it is communicated to the creditor

From the moment the creditor consented to the choice

From the constitution of the obligation

79.

An obligation where various things are due, but the payment of all is required in order to extinguish the obligation is called:

Group of answer choices

Simple obligation

Conjunctive

Alternative obligation

Facultative obligation

80.

A promissory note signed by D and dated March 15, 2022 is worded as follows: " I promise to pay C the sum of Fifty Thousand Pesos (50,000) provided that if she should fail in the October, 2006 CPA Examination, she shall return to me said amount". The above note gives rise to an obligation with:

Group of answer choices

Suspensive condition

Resolutory condition

Casual condition

None of the choices

81.

A and B are solidary debtors of X and Y, solidary creditors, to the amount of P4,000. On the due date, X renounced in favor of A the entire obligation. Which of the following is correct?

Group of answer choices

B shall give A P2,000.

Y can still collect from A or B P2,000.

Y can collect from X P2,000.

Any of the three

None of the choices

82.

A thing is considered lost when it:

Group of answer choices

Perishes

Stolen or robbed

Goes out of commerce

All of the choices

83.

Delay can exist in the following obligations, except

Group of answer choices

Obligation to do

Obligation to give

Obligation not to do

None of the choices

84.

The act of abandoning or transferring all the debtor's property to his creditors so that the creditors may sell them, and out of its net proceeds, to recover their claims is called:

Group of answer choices

Cession

Merger

Compensation

Novation

85.

The following statements concerning merger or confusion are correct, except

Group of answer choices

The effect of merger is to extinguish the obligation

Merger which takes place in the person of the principal debtor or creditor benefits the guarantor

Merger which takes place in the person of the guarantor extinguishes the principal obligation

Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor or debtor in whom the two characters concur

86.

Statement No. 1: " I will give you a specific car if you will not marry X this year (2022). If by the end of 2022, both parties are alive and no marriage has taken place, my obligation is extinguished.

Statement No. 2: " I will give you P10,000 as soon as possible". This is an obligation with a period for the benefit of both the debtor and creditor.

Group of answer choices

Both are true.

Both are false.

No. 1 is true; No. 2 is false.

No. 1 is false; No. 2 is true.

87.

In case the debtor has the right of choice in alternative obligations and through fortuitous event all the objects of alternative obligations have been lost, what shall be the right of the creditor?

Group of answer choices

He shall have no right

He shall have the right to indemnity for the value of the lost object with the largest value plus damages

He shall have the right to indemnity for the value of the lost object with the smallest value plus damages

He shall have the right to indemnify for the value of the last object plus damages.

88.

The following are the effects of the delay on the part of the creditor, except

Group of answer choices

The creditor becomes liable for damages

The debtor may relieve himself of the obligation by the consignation of the thing

The debtor bears the risk of the loss of the thing

The responsibility of the debtor for the thing is reduced and limited to fraud and gross negligence

All expenses for the preservation of the thing after the Mora shall be chargeable to the creditor

89.

What is the effect of the loss or deterioration of the thing intended as a substitute in a facultative obligation before the substitution?

Group of answer choices

The debtor becomes liable for damages

The creditor may rescind the obligation with damages

The debtor shall indemnity the creditor

The debtor shall not be liable

90.

Is the creditor required to accept payment or performance by a third person that has no interest in the fulfillment of the obligation?

Group of answer choices

Yes, because law provides it.

Yes, because it is for the benefit of the creditor.

No, unless there is stipulation to the contrary.

No, under any circumstances.

91.

In conditional obligation to do or not to do, what is the effect of the fulfillment of the condition?

Group of answer choices

There shall be retroactive effect to the day of the constitution of the obligation.

There shall be prospective effect from the moment the condition is fulfilled.

The stipulation of the parties shall not be considered.

The courts shall determine, in each case, the retroactive effect of the condition that has been complied with talking into account the agreement of the parties.

92.

One of the stipulations contained in the contract between Company and its employees is that the company shall pay a bonus to employees of the company who shall continue its employment for at least 2 consecutive years, unless he quits or is discharged before the expiration of the period of 2 years. X, and employee of the company was discharged without just cause one week before the completion of the two-year period.

Group of answer choices

X is not entitled to the bonus because his discharge was in accordance with the contract.

X is not entitled to the bonus, because the employer's right to terminate is superior than the right of the employee to be employed.

X is entitled to the bonus whether the discharge is with or without cause.

X is entitled to the bonus because the debtor company has voluntarily prevented the happening of the condition.

93.

The following are the rules to be observed in applying obligations with a penal clause, except

Group of answer choices

Proof of actual damages suffered by the creditor is necessary in order that the penalty may be demanded.

The judge shall equitably reduce the penalty when the debtor has partly or irregularly complied with the principal obligation and even if there has been no performance, the penalty may also be reduced by the courts if it is iniquitous or unconscionable.

The nullity of the penal clause carries with it that of the principal obligation.

The nullity of the principal obligation carries with it that of the penal clause.

94.

The following statements concerning novation are correct, except

Group of answer choices

When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsists only insofar as they may benefit third person who did not give their consent

If the new obligation is void, the original obligation was extinguished, unless the parties intended that the former should subsist in any event

The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor, or when ratification validates acts which are voidable

If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated

95.

Statement No. 1: The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value or more valuable than that which is due.

Statement No. 2: In dation in payment, ownership of the thing delivered is transferred to convert the property into cash and out of the proceeds to extinguish the obligation partially.

Group of answer choices

Both are true.

Both are false.

No. 1 is true; No. 2 is false.

No. 1 is false; No. 2 is true.

96.

When shall the effects of a conditional obligation to give take effect

Group of answer choices

Shall be given prospective effect once the condition has been fulfilled.

Shall retroact to the day of the constitution of the obligation once the condition has been fulfilled.

Shall not be given retroactive effect once the condition has been fulfilled.

Shall be given retroactive effect even if the condition is not fulfilled.

97.

The following are the persons to whom payment shall be made, except

Group of answer choices

Person in whose favor the obligation has been constituted

Any third person

Successor of interest of creditor

Any person authorized by the creditor to receive payment

98.

Which of the following is not an obligation with a period?

Group of answer choices

"Payable soonest"

An obligation payable little by little

Will pay you P10,000 " if I like"

Payable " within 2 years from today"

All of the choices

99.

The following are the requisites of a valid payment, except

Group of answer choices

The payment must be in accordance with the obligation

The person paying as well as the one receiving payment should have the requisite capacity

It should be made by the creditor to the debtor

It should be made at the right time and place

100.

When the thing deteriorates through the fault of the debtor during the pendency of the condition in an obligation to give, what is the remedy of the creditor?

Group of answer choices

He may only ask for the rescission of the obligation with indemnity for damages.

He may only ask for the performance of the obligation with indemnity for damages.

The debtor may choose between rescission of the obligation and its fulfillment with indemnity for damages in either case.

The creditor may choose between rescission of the obligation and its fulfillment with indemnity for damages in either case.