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ut the de 24) In an alternative obligation, the basis of indemnity for the creditor is the gar value of the A. First service which
ut the de 24) In an alternative obligation, the basis of indemnity for the creditor is the gar value of the A. First service which became impossible plus damages. B. Last service which became impossible plus damages. C. Most expensive service which became impossible. D. Second service which became impossible. 31) "X will give Y a house and lot if Y will not marry Z next year." If by the end of 2023, Y and Z parties are alive and no marriage has taken place, X's obligation transfer 25) Dan obliged himself to give his Lenovo laptop to Tina on December 1, 2025, is extinguished. but Dan may give his Radon watch as substitute. Before substitution, the Radon A. True watch was lost due to Dan's fault. Knowing the loss, Tina became very angry at B. False Dan because she wanted the watch instead of the laptop. Which is correct? A. The principal obligation is extinguished. 32) "I will give you P 1,000,000.00 if you cannot make a dead man alive." This B. Dan is liable for damages to Tina because of the loss of the Radon watch. is an impossible obligation; therefore, the obligation is not demandable. C. The substitute becomes due; hence, Dan is obliged to give Tina another A. False Radon watch. B. True D. The Lenovo laptop as the principal thing must still be given to Tina. 33) The condition not to do an impossible thing shall render the obligation 26) Unless there is an agreement to the contrary, the arrival of a period: demandable at once. A. does not have any retroactive effect A. True B. has retroactive effect B. False C. shall entitle the creditor to the fruits and interest D. Correct answer not provided 34) An example of an obligation with a period is when Beyonce promises to pay Ciara P 500,000.00 one week from the death of Lady Gaga. 27) Anything paid or delivered before arrival of the period may be recovered A. True with fruits and interests: B. False A. if the obligor is unaware of the period B. if the obligor is aware of the period 35) Solidarity cannot exist if the creditors and the debtors are not bound in the C. if the obligor is aware of the suspensiondition same manner and by the same periods and conditions. D. if the obligor is unaware of the condition A. False 28) When the fulfillment of the suspension resolutory condition depends B. True upon the sole will of the debtor, the conditional obligation shall be void. 36) If an obligation states that the debtors bind themselves "mancomunada", A. False the obligation is considered joint B. True A. True 29) "I will give you P 1,000.00 as soon as possible." This is an obligation for the B. False benefit of both the debtor and creditor. 37) Andrei binds himself to pay Andrea P 75,000.00. Here, the court shall fix A. False the period, since the parties failed to fix the period. B. True A. False 30) If the obligation does not fix a period, but from its nature and B. True circumstances, it can be inferred that a period was intended, the court may fix 38) A resolutory period is one which suspends the effectivity of the obligation the duration thereof. Once it is fixed by the court, the parties cannot change the until the condition is fulfilled. fixed date for performance. A. False A. True B. True B. False 39) The debtor shall lose the right to make use of the period when before the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt. A. False B. True 40) Sarah obliged herself to give Susan her only diamond ring on February 22, 2022, but Sarah could give her only diamond necklace as substitute. Before February 22, 2022, Susan communicated to Sarah that she wants the diamond earthquake: 45) Whenever the thing due is lost in the possession of the debtor during an necklace to be delivered when the said date comes. The diamond necklace was lost due to Sarah's fault before February 22, 2022. Can Sarah be compelled by A. it is presumed that the debtor is at fault Susan to pay for the value of the lost diamond necklace since it was her fault B. it is not presumed that the debtor is at fault that it was lost when February 22, 2022 comes? C. it is presumed that the cause of the loss is the earthquake A. Yes, because Sarah was obliged to deliver the diamond necklace upon communication to her by Susan debtor D. it is presumed that the cause of the loss is the earthquake and the fault of the B. No, because loss of the diamond necklace does not render Sarah liable C. No, because the obligation is extinguished 46) A solidary creditor cannot assign his rights: D. Yes, because it is transformed into a monetary obligation A. without the consent of the other solidary creditors B. without the consent of the solidary debtors 41) On February 13, 2020 Max and Karl agreed that Max will give Karl his only C. without the consent of the joint debtors watch if Karl's father dies. On February 15, 2020, Max gave his only watch to D. without the consent of all parties John without the knowledge of Karl. On February 16, 2020 Karl's father died. After knowing that Max already gave his only watch to John, Karl became infuriated. Can Karl assert better right over the watch against John? indivisibility. 47) Statement I: Indivisibility implies solidarity. Statement II: Solidarity implies A. No, because his right over the watch became effective only after John A. Both are true. Max and Karl acquired the watch, provided John did not know about the agreement between B. Both are false. B. Yes, because Max is bound to honor their agreement C. Statement I is true. Statement II is false. D. Answer not provided. C. Yes, because Karl's right retroacts on February 13, 2020 when he and Max agreed for the latter to give the watch to him D. No, because John is not bound by the agreement between Max and 48) Words that indicate solidarity: A. I promise to pay signed by two or more persons 42) This party may set up compensation as against the principal credit B. together and/or separately if he is not the principal debtor. C. individually and/ or collectively A. Guarantor D. All choices provided B. Accommodator C. Insurer D. Court 49) This is a defense derived from the nature of the obligation which a solidary debtor may avail. A. illegality of consideration 43) Compensation shall not be proper if: B. insanity A. one of the debts arose from a depositum C. minority B. if the claim arose from the obligation to provide support D. Correct answer not provided. C. one of the debts consist in civil liability arising from a penal offense D. Correct answer not provided 50) X and Y obliged themselves to deliver to Z and W a specific ring. The obligation of X and Y is called: 44) X is to deliver a horse to Y to be cooked and eaten at Y's birthday. X was A. joint indivisible obligation unable to comply with his obligation to Y because all of X's horses died due to B. solidary indivisible obligation COVID-19. Is X's obligation extinguished? C. joint divisible obligation A. Yes, because there is complete loss of the thing due D. solidary divisible obligation B. No, because genus does not perish 51) Katrina binds herself to sell her specific car to Kara if Kara is not yet married C. No, because X's horses can still be cooked and eaten to Ken on November 5, 2020. Suppose Ken died on November 1, 2020, can Kara . No, because X can still deliver the price of the horse to Y demand from Katrina to sell the car to her on November 1, 2020 rather than on November 5, 2020? A. No, because the period of compliance which is November 5, 2020 has not yet arrived
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