BLAW SUMMATIVE

1. ARISES FROM AN IGNORANCE OF SOME PROVISION OF LAW, OR FROM AN ERRONEOUS

INTERPRETATION OF ITS MEANING, OR FROM AN ERRONEOUS CONCLUSION AS TO THE
LEGAL EFFECT OF AN AGREEMENT, ON THE PART OF THE ONE OF THE PARTIES.
ANSWER: MISTAKE OF LAW (CORRECT)
2. WHENEVER THE PRIVATE DOCUMENT IN WHICH THE DEBT APPEARS IS FOUND IN THE
POSSESION OF THE DEBTOR, IT SHALL BE PRESUMED THAT THE CREDITOR DELIVERED IT
UNDER FORCE OR INTIMIDATION.

ANSWER: FALSE (CORRECT)

3. PRE-NUPTIAL AGREEMENT SIGNED BETWEEN FUTURE HUSBAND AND WIFE IS

EXCLUDED FROM THE REQUIREMENTS OF STATUTE OF FRAUDS.

ANSWER: FALSE (CORRECT)

4. THE POWER OF RESCIND OBLIGATIONS IS IMPLIED IN RECIPROCAL ONES, IN CASE ONE

OF THE OBLIGORS SHOULD NOT COMPLY WITH WHAT IS INCUMBENT UPON HIM.

ANSWER: TRUE (CORRECT)

5. FOR DACION EN PAGO TO APPLY, THE DEBTOR MUST BE INSOLVENT.

ANSWER: FALSE (CORRECT)

6. HE WHO HAS VARIOUS DEBTS OF THE SAME KIND IN FAVOR OF ONE AND THE SAME
CREDITOR, MAY DECLARE AT THE TIME OF MAKING THE PAYMENT, TO WHICH OF THEM
THE SAME MUST BE APPLIED. UNLESS THE PARTIES SO STIPULATE, OR WHEN THE
APPLICATION OF PAYMENT IS MADE BY THE PARTY FOR WHOSE BENEFIT THE TERM HAS
BEEN CONSTITUTED, APLLICATION SHALL NOT BE MADE AS TO DEBTS WHICH ARE NOT
YET DUE.

ANSWER: TRUE (CORRECT)

7. UPON THE PROPOSAL OF A THIRD PERSON, A NEW DEBTOR SUBSTITUTED THE

ORIGINAL DEBTOR WITHOUT THE LATTER’S CONSENT. THE CREDITOR ACCEPTED THE
SUBSTITUTION. LATER, HOWEVER, THE NEW DEBTOR BECAME INSOLVENT AND
DEFAULTED IN HIS OBLIGATION. WHAT IS THE EFFECT OF THE NEW DEBTOR’S DEFAULT
UPON THE ORIGINAL DEBTOR?

ANSWER: THE ORIGINAL DEBTOR ID FREED OF LIABILITY SINCE NOVATION TOOK PLACE
AND THIS RELIEVED HIM OF HIS OBLIGATION. (CORRECT)
8. CONTRACTS UNDERTAKEN IN FRAUD OF CREDITORS WHEN THE LATTER CANNOT IN ANY
OTHER MANNER COLLECT THE CLAIMS DUE THEM ARE CONSIDERED:

ANSWER: RESCISSIBLE CONTRACTS (CORRECT)

9. A MODE OF EXTINGUISHING OBLIGATIONS UP TO THEIR CONCURRENT AMOUNT WHEN
TWO PERSONS ARE PRICIPAL DEBTORS AND CREDITORS OF EACH OTHER IS CALLED:

ANSWER: COMPENSATION (CORRECT)

10. A CONTRACT WHERE BOTH PARTIES ARE INCAPABLE OF GIVING CONSENT TO A

CONTRACT IS CONSIDERED A:

ANSWER: VOIDABLE CONTRACT (WRONG)

OTHER CHOICES:
VALID
UNENFORCEABLE
RESCISSIBLE
VOID

11. WHOEVER ACQUIRES IN BAD FAITH THE THINGS ALIENATED IN FRAUD OF CREDITORS,
SHALL INDEMNIFY THE LATTER FOR DAMAGES SUFFERED BY, WHENEVER, DUE TO ANY
CAUSE, IT SHOULD BE IMPOSSIBLE FOR HIM TO RETURN THEM.

ANSWER: TRUE (CORRECT)

12. RUDOLF BORROWED P1 MILLION FROM RODRIGO AND FERNANDO WHO ACTED AS
SOLIDARY CREDITORS. WHEN THE LOAN MATURED, RODRIGO WROTE A LETTER TO
RUDOLF, DEMANDING PAYMENT OF THE LOAN DIRECTLY TO HIM. BEFORE RUDOLF
COULD COMPLY, FERNANDO WENT TO SEE HIM PERSONALLY TO COLLECT AND HE PAID
HIM. DID RUDOLF MAKE A VALID PAYMENT?

ANSWER: YES, SINCE FERNANDO WAS A SOLIDARY CREDITOR, PAYMENT TO HIM

EXTINGUISED THE OBLIGATION. (WRONG)

OTHER CHOICES:
YES, SINCE THE PAYMENT COVERS THE WHOLE OBLIGATION.
NO, SINCE RUDOLF SHOULD HAVE SPLIT THE PAYMENT BETWEEN RODRIGO AND
FERNANDO.
NO APP CORRECT ANSWER.
13. CONTRACTS WHEN THE INTENTION OF THE PARTIES RELATIVE TO THE PRINCIPAL
OBJECT OF THE CONTRACT CANNOT BE ASCERTAINED ARE CONSIDERED:

ANSWER: UNENFORCEABLE CONTRACT (WRONG)

OTHER CHOICES:
VOID
VALID
VOIDABLE
RESCISSIBLE

14. TAKES PLACE WHEN THE CREDITOR ACCEPTS A THIRD PERSON TO TAKE PLACE OF THE
DEBTOR AT THE INSTANCE OF THE LATTER.

ANSWER: DELEGACION (CORRECT)

15. REFORMATION OF INSTRUMENTS IS ALLOWED IN WILLS OF A DECEASED PERSON TO

INDICATE THE REAL INTENTION OF THE TESTATOR.

ANSWER: FALSE (CORRECT)

16. WHEN THE DEFECT OF THE CONTRACT CONSISTS IN THE INCAPACITY OF ONE OF THE
PARTIES, THE INCAPACITATED PERSON IS NOT OBLIGED TO MAKE ANY RESTITUTION
EXCEPT INSOFAR AS HE HAS BEEN BENEFITED BY THE THING OR PRICE RECEIVED BY
HIM.

ANSWER: TRUE (CORRECT)