Article 1552-1556

Multiple Choice.

1) Voluntary renunciation made by the buyer of his right to warranty against eviction where
in case the buyer is evicted, the seller is liable to the value of the thing at the time of
eviction.

A. Waiver inocente
B. Waiver intencionada
C. Waiver Kursunada
D. Waiver consciente

2) Using the preceding number, where the seller is no longer liable

A. Waiver consciente
B. Waiver intencionada
C. Waiver inocente
D. Waiver conscientte

3) I. The judgement debtor is liable for eviction, unless otherwise decreed in the judgment.
II. The judgement debtor is winning defendant in a lawsuit who owes the amount
awarded in the judgement to the loser.

A. Both Statements are correct

B. Both Statements are incorrect
C. First is False, Second is True
D. First is True, Second is False

4) In case of total eviction, why is rescission not a remedy? Except one:

A. Rescission may still be allowed with respect to the subject matter that remains, as in
the case contemplated.
B. For he can no longer restore the subject matter of the sale to the vendor.
C. The remedy of rescission contemplates that the one demanding it is able to return
whatever he has received under the contract; and when this cannot be done,
rescission cannot be carried out.
D. B, C, and D

5) When no warranty has been agreed upon, the vendor acted in bad faith shall be liable:

A. For VICE
B. For VICED
C. For VICE, there is no liability for damages and interest
D. For VICED, there is no liability for damages and interest

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True/False.

1. When warranty has been agreed upon or nothing has been stipulated on this
point, in case eviction occurs, the vendee shall have the right to demand of the
vendor. ________

2. Article 1552 is based on the general principle that a person may not enrich
himself at the expense of another. Thus, if the purchaser of real property sold on
execution be evicted therefrom because the judgement debtor had no right to the
property sold. _________

3. The remedy of a person evicted is to recover the price only. ________

4. Any stipulation exempting the vendor from the obligation to answer for eviction
shall be valid, if he acted in bad faith. ________

5. Cost of the suit, if the vendee has been ordered to deliver them to the party who
won the suit against him. ________

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Answer Key

MC
1. D – Article 1554
2. B – Article 1554 T/F
3. D – the judgement debtor is losing
1. T – Article 1555
defendant in a lawsuit awarded in 2. T – General rule of Art. 1552
the judgement of the 3. F – recover the price with interest
winner(judgement creditor) 4. F - void
4. A – remedy for partial 5. F – income or fruits
eviction(Article 1556)
5. B – Article 1555

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