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Oblicon

The document consists of a series of legal questions related to obligations, debts, and rights, including concepts such as prescription, dacion en pago, and legal compensation. It also addresses various scenarios involving joint and solidary debtors and creditors, as well as the implications of conditions on obligations. The questions require an understanding of civil law principles and their applications in specific cases.
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0% found this document useful (0 votes)
4 views3 pages

Oblicon

The document consists of a series of legal questions related to obligations, debts, and rights, including concepts such as prescription, dacion en pago, and legal compensation. It also addresses various scenarios involving joint and solidary debtors and creditors, as well as the implications of conditions on obligations. The questions require an understanding of civil law principles and their applications in specific cases.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1.

The passage of time as a mode of acquiring or losing a right including the extinguishment of an obligation is
called:
a. Remission
b. Novation
c. Prescription
d. Merger
2. If one of the debts Is a loan obligation, legal compensation shall be proper if the other debt arose from:
a. Commodatum
b. Civil liability arising from a criminal offense
c. Gratuitous support
d. Bank deposit
3. One of the following statements does not pertain to dacion en pago, which is it?
a. Ownership of the thing is transferred to the creditor.
b. The debtor must be insolvent.
c. It does not affect all the properties of the debtor.
d. It does not require plurality of creditors
4. The principle of negotiorum gestio does not apply:
a. When the property or business is not neglected or abandoned.
b. When the officious manager has been tacitly authorized by the owner.
c. In both (a) and (b).
d. In nelther (a) nor (b).
5. It transfers to the person taking the place of the creditor all the rights pertaining to the credit, either against
the debtor or against third persons, be they guarantors or possessors of mortgages.
a. Substitution.
b. Subrogation.
c. Transfiguration.
d. Transformation.
6. Legal compensation will not take place if:
a. The debts have different due dates
b. The debts are payable at different places.
c. There is a controversy or retention involving one of the debts commenced by third persons and communicated in
due time to the debtor.
d. Both debts consist in a sum of money.
7. Statement 1 - Prescription is the extinguishment of an obligation by the passage of time.
Statement 2 - Payment made in good faith to any person in possession of the credit shall extinguish the
debtor's obligation.
Statement 3- If the condition is potestative on the part of the creditor, the obligation is valid.
Statement 4 - In alternative obligations, the right of choice generally belongs to the creditor.
a. All statements are true
b. Statements 1 and 2 are true
c. Statements 1, 2 and 3 are true
d. Statements 2 and 3 are true
8. Statement 1: In a facultative obligation, the loss of the substitute through a fortuitous event before the
substitution has been made by the debtor, shall have no effect on the debtor's obligation to deliver the
principal thing.
Statement 2: In alterative obligations, the creditor may be compelled to receive part of one and part of another
undertaking.
a. only statement 1 is true
b. only statement 2 is true
c. both are true
d. both are false
9. Statement 1: An obligation subject to a resolutory condition is demandable at once.
Statement 2: An obligation which is subject to a suspensive condition that is potestative on the part of the
debtor at the same time is valid
a. only statement 1 is true
b. only statement 2 is true
c. both are true
d. both are false
10. Statement 1: An obligation where the debtor binds himself to pay when his means permit him to do so is a
conditional obligation.
Statement 2: An obligation which is demandable upon the death of a person is an obligation with a period.
a. only statement 1 is true
b. only statement 2 is true
c. both are true
d. both are false
11. Henry, Brice and Jaypee are obliged to give Joel and Jingoy P9 million.
a. Joel may collect from Henry P9 million.
b. Joel may collect from Henry P1.5 million.
c. Joel may collect from Henry P3 million.
d. Joel may collect from Henry P4.5 million.
12. Henry, Brice and Jaypee, joint debtors, are obliged to give Joel and Jingoy, solidary creditors, P9 mlllion.
a. Joel may collect from Henry P9 million.
b. Joel may collect from Henry P1.5 million.
c. Joel may collect from Henry P3 million.
d. Joel may collect from Henry P4.5 million.
13. Henry, Brice and Jaypee, solidary debtors, are obliged to give Joel and Jingoy, joint creditors, P9 million.
a. Joel may collect from Henry P9 million.
b. Joel may collect from Henry P1.5 million.
c. Joel may collect from Henry P3 million.
d. Joel may collect from Henry P4.5 million.
14. Henry, Brice and Jaypee, solidary debtors, are obliged to give Joel and Jingoy, solidary creditors, P9 million.

a. Joel may collect from Henry P9 million.


b. Joel may collect from Henry P1.5 million.
c. Joel may collect from Henry P3 million.
d. Joel may collect from Henry P4.5 million.
15. Henry, Jaypee and Brice are liable individually and collectively to Joel in the amount of P3 million. On due
date, Joel demanded payment from Henry. However, Brice is insolvent. In this case:
a. Joel may collect P2 million only from either Jaypee and Henry.
b. Joel may collect P3 million from either Jaypee and Henry.
c. Joel may collect from Jaypee P1.5 million only, and from Henry P1.5 million only.
d. Joel may collect from Jaypee P1 million only, and from Henry P1 million only.
16. Baby M, 17 years old, Sara, 20, and Chiz, 40, jointly borrowed P6 million from Leni. How much may Leni collect
from Sara?
a. P6 million.
b. P4 million.
c. P2 million.
d. Nothing, because Baby M was a minor at the time the obligation was constituted.
17. Refer to No. 16. Assume the same facts except that the debtors are bound solidarily. How much may Leni
collect from Sara?
a. P6 million.
b. P4 million.
c. P2 million.
d. Nothing, because Baby M was a minor at the time the obligation was constituted.
18. Heidi borrowed from Kiko P1 million. The obligation is guaranteed by Bam. Subsequently, Heidi paid Kiko
P500 thousand. Unknown to Heidi, Luke, pays Kiko P1 million believing that Heidi still owed Kiko such
amount.
a. Luke can recover from Heidi P1 million. If Heidi cannot pay, Luke can compel Bam to pay him the same amount.
b. Luke cannot recover anything from Heldl because he paid Kiko without the knowledge and consent of Heidi.
c. Luke can recover P500 thousand from Heidi. If Heidi cannot pay, Luke can compel Bam to pay him the same
amount.
d. Luke can recover P500 thousand from Heldi. If Heldl cannot pay, Luke cannot compel Bam lo pay him the same
amount.
19. Heidi obtained from the Senate Bank a loan of P4.5 million payable at the end of five years. Before maturity, an
extraordinary inflation
supervened causing the value of the debt to fail to P1.5 million on the date of maturity. On due date, Heldl
must pay Senate Bank:
a. P4.5 milllon.
b. P1.5 million.
c. P13.5 miliion.
d. P500 thousand.

20. Heidi obtained from the Senate Bank a loan of P1.5 million payable at the end of five years. Before maturity, an
extraordinary deflation supervened causing the value of the debt to rise to P4.5 million on the date of maturity.
On due date, Heidi must pay Senate Bank:
a. P4.5 million.
b. P1.5 million.
c. P15.5 million.
d. P500 thousand.

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