Which of the following does not give a right to the creditor to file an action in court for the fixing the period?

-When the period depends upon the sole will of the debtor

-When the period is more than 10 years

-When a period is intended but it is not fixed by the parties

-When the debtor binds himself to pay when his means permit him to do so.

Due to a super typhoon, the carabao of X was able to escape from its pen and it grazed on the corn plantation of Y. Can Y validly demand payment of indemnity from X? *

-Yes, because X was negligent

-Yes, because even if X was not negligent and the escape of the carabao was because of the typhoon, he was benefited,

-No, because X did not cause the damage but the carabao

-No, because no person shall be liable for a fortuitous event

This happened when the creditor make a demand and the obligor fails to deliver the thing. *

-Mora solvend

-Mora accipiendi

-Compensatio morae

-Negligence

It causes the extinguishment or loss of rights already acquired upon the fulfillment of the condition, that is, the happening of the event which constitutes the condition. In other words, the fulfillment of which will extinguish an obligation (or right) already existing. *

Facultative condition

Positive condition

Suspensive

Condition subsequent

"A sells to B his lot and house in the city if A decides to transfer and live in the countryside" is an example of: *

Mixed Condition

Potestative Condition

Casual Condition

Resolutory Condition

If a stranger pays the obligation without the debtor's consent, how much can said payor collect from the debtor? *

the whole obligation

the entire amount he paid plus interest

up to the extent that the debtor was benefited

none

Every right implies a ____________; every opportunity, an ____________, every possession, a _______. (quote by JDF) *

duty; objective; responsibility

obligation; right; property

responsibility; obligation; duty

Other:

This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake. *

Negotiorum Gestio

Solutio Indebiti

Vinculum juris

Prestation

In case of doubt in a contract, the interpretation consistent with __________ is followed *

good faith

morals

law

the agreement of the parties

Other:

X, a lessee of an apartment, gave his rentals to Y believing him to be the owner thereof. Y is obliged to give said rentals to C the owner and lessor of the leased premises. What is the source of Y's obligation to give the rentals to the true owner? *

Law

Contract

Quasi-contract

Quasi-delict

Other:

If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad," this is

Conditional

With a Period

Void

Unenforceable

Other:

Through insidious words or machinations, A was able to induce B to enter into a contract which without them B would not have agreed to it. There is: *

Undue Influence

Fraud

Misrepresentation

Mistake

Other:

Demand is not necessary to incur delay when: *

If the obligation bears interest

Time is the controlling motive

The debtor is guilty of non-performance.

Creditor refuses the performance without just cause.

Other:

The law says that contracts shall have the force of law between the contracting parties. This connotes that: *

-Contracts are superior to the law, hence must be complied with even if contrary to law as long as agreed upon by parties

-The parties may stipulate as to any terms and conditions and shall be binding provided they are not contrary to law, morals and public policy.

-Contracts are the law between the parties and must be complied with. It prevails in all instances for all other laws bow to the will of the parties in a contract.

-Contracts are presumed to be entered into for the benefit of each contracting party. Therefore, it prevails against any odds. Before a contract can be enforced, it must first be valid, and it cannot be valid if it is against the law.

Other:

It is the juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that no one shall be unjustly enriched or benefited at the expense of another. *

Agreement

Contracts

Quasi-Contracts

Vinculum juris

Other: