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TEST I. IDENTIFICATION. 1. It is the conduct that must be observed by the debtor/obligor. a. Prestation b. Passive subject c. Active Subject d. Delict

TEST I. IDENTIFICATION. 1. It is the conduct that must be observed by the debtor/obligor. a. Prestation b. Passive subject c. Active Subject d. Delict 2. It is an act or omission punished by law. a. Quasi-Delict b. Delict c. Contract d. Quasi-Contract 3. It is based on the principle that no one should unjustly enriched himself at the expense of another. a. Quasi-Delict b. Delict c. Contract d. Quasi-Contract 4. It is an act or omission arising from fault or negligence which causes damage to another. a. Quasi-Delict b. Delict c. Contract d. Quasi-Contract 5. It is the default on the part of the debtor. a. Mora Solvendi b. Mora Accipiendi c. Compensation Morae d. Legal Delay 6. It is the default on the part of the creditor. a. Mora Solvendi b. Mora Accipiendi c. Compensation Morae d. Legal Delay 7. It is the default in a reciprocal obligation. a. Mora Solvendi b. Mora Accipiendi c. Compensation Morae d. Legal Delay 8. It is the intentional evasion of the faithful performance of the obligation. a. Tax Evasion b. Tax Avoidance c. Fraud d. Prescription 9. It is an occurrence which could not be foreseen or is inevitable. a. Accident b. Default c. Fortuitous Event d. Accion Directa 10. It is the right of the lessor to go directly against the sublessee for unpaid rents of the lessee. a. Accion Pauliana b. Accion Directa c. Accion Subrogatoria d. Substituted Performance 11. It is an obligation that arises from equity and justice. a. Natural Obligation b. Normal Obligation c. Nominal Obligation d. Civil Obligation 12. It is a condition which give rise to an obligation. a. Potestative Condition b. Suspensive Condition c. Resolutory Condition d. Impossible Condition 13. Is a condition that depends upon the will of one of the contracting parties. a. Potestative Condition b. Suspensive Condition c. Resolutory Condition d. Impossible Condition 14. It is a condition that will extinguish an obligation. a. Potestative Condition b. Suspensive Condition c. Resolutory Condition d. Impossible Condition 15. It is a juridical necessity to give, to do, or not to do. a. Obligation b. Contract c. Delict d. Quasi-Contract TEST II. TRUE OR FALSE 1. The object of a contract can be unlawful. a. TRUE b. FALSE 2. Every person criminally liable is also civilly liable. a. TRUE b. FALSE 3. The obligor is the active subject in an obligation. a. TRUE b. FALSE 4. Prescription can extinguish the effects of being in default. a. TRUE b. FALSE 5. Substituted performance can be a remedy in a purely personal obligation. a. TRUE b. FALSE 6. A fortuitous event can extinguish a generic thing. a. TRUE b.FALSE 7. A creditor can refuse payment if the debtor is in default. a. TRUE b. FALSE 8. Contracts entered into in fraud to creditors can be rescinded. a. TRUE b. FALSE 9. A period affects only the demandability of an obligation. a. TRUE b. FALSE 10. A potestative condition which lies on the creditor is void. a. TRUE b. FALSE TEST III. Identify if the following is a generic or specific thing. 1. One kilo of Ganador Rice. a. Specific thing b. Generic Thing 2. Motorcycle with plate number BISU-143. a. Specific thing b. Generic Thing 3. 2019 Ford Everest a. Specific thing b. Generic Thing 4. L120 Epson Printer a. Specific thing b. Generic Thing 5. The only cellphone of Dean Cassy a. Specific thing b. Generic Thing 6. 500 Peso Bill a. Specific thing b. Generic Thing 7. Three sacks of Apo cement a. Specific thing b. Generic Thing 8. Machine Gun with serial number 123456 a. Specific thing b. Generic Thing 9. 1 galloon of Petron Gasoline a. Specific thing b. Generic Thing 10. Land with Original Certificate of Title No. 234567 a. Specific thing b. Generic Thing TEST IV. Identify if the underlined phrase is a period or condition. (2pts each) 1. I will pay on December 25, 2019. a. Period b. Condition 2. I will return your money if your dog will die next week. a. Period b. Condition 3. I will give you one million if you can give the correct answer. a. Period b. Condition 4. I will send you to school when you reach 18 years old. a. Period b. Condition 5. I will give your family one million on your 18th birthday. a. Period b. Condition TEST V. Identify if the underlined phrase is a suspensive or resolutory condition. 1. I will give you Ten Million if you will climb the Mount Everest. a. Suspensive b. Resolutory 2. I will give you One Million a month until you graduate from college. a. Suspensive b. Resolutory 3. I will sell you the land if it will be given to me after my father's death. a. Suspensive b. Resolutory 4. I will give my car to you provided I will die in two years. a. Suspensive b. Resolutory 5. S sold to B a parcel of land subject to S's right of repurchase within two years. a. Suspensive b. Resolutory TEST VI. Choose the correct answer to the problem. (2pts) 1. In a contract of lease, it was stipulated that the lessee will continue leasing the property as long as he needs the premises. What is the effect of the condition? a. Both the condition and the obligation are valid. b. Only the condition is valid. c. Only the condition is void. d. Both the condition and the obligation are void. 2. In a contract of loan, it was stipulated that the debtor will pay in full upon demand of the creditor. What is the effect of the condition? a. Both the condition and the obligation are valid. b. Only the condition is valid. c. Only the condition is void. d. Both the condition and the obligation are void. 3. OR obliged himself to give his favorite watch to OE. On his way to deliver the same, it was lost due to an earthquake. Is OR obliged to deliver another watch? a. Yes, because watch is a generic thing. b. No, because his favorite watch is a specific thing. c. Yes, because his obligation is not extinguished. d. No, because the watch is fake. 4. OR sold all his property to XX fraudulently upon notice that he is losing in the collection case filed against him by OE his creditor. After judgment, what is the remedy of OE in case OR has no other property to pay his debt? a. OE may file an accion pauliana. b. OE may file an action for specific performance. c. OE may file an accion subrogatoria. d. OE may file an action for rescission. 5. On October 1, 2019, Robert told to Cassy that he will give his house and lot to her provided she will graduate on May 2022. Cassy graduated on May 02, 2022. What is the effect of her graduation with respect to the property? a. Cassy is the owner of the property from May 02, 2022. b. Cassy is the owner of the property from October 01, 2019. c. Robert is still the owner because Cassy is a minor. d. Cassy cannot own the property because he is a minor

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