Laws 1013 - CODE 626

MIDTERM LEARNING RESOURCES AND ASSESSMENT

Midterm Quiz 1 (basic concepts and principles on extinguishment of obligations)

Submissions
Here are your latest answers:

Item 1
What is referred to when there is the transfer to a third person of all the rights appertaining to the creditor, including the right to proceed against guarantors, or possessors of
mortgages, subject to any legal provision or any modification that may be agreed upon?

Response: subrogation

Score:
1 out of 1
Yes

Item 2
In which instance is NOVATION not applicable?

Response: merger of the debtor and creditor

Score:
1 out of 1
Yes

Item 3
the substitute of the debtor was initiated by the debtor himself

Response: delegacion

Score:
1 out of 1
Yes

Item 4
Strictly speaking, which of the following is NOT a special form of payment?

Response: dacion en pago

Score:
0 out of 1
No

Item 5
Dacion en pago partakes the nature of contract of sale, the thing offered by the debtor is the object of the contract and the debt is the purchase price

Response: True

Score:
1 out of 1
Yes

Item 6
The substitution of the debtor was through the initiative of a third person

Response: expromision

Score:
1 out of 1
Yes

Item 7
D owes C P1,000,000. G is the guarantor. A stranger S paid C the P1,000,000 with the consent of D and C. S is now subrogated in the place of C. If D cannot pay the
P1,000,000, S can proceed against the guarantor, G.

Response: True

Score:
1 out of 1
Yes

Item 8
It is “the gratuitous abandonment by the creditor of his right.”

Response: Condonation

Score:
1 out of 1
Yes

Item 9
What mode of extinguishing an obligation is it where a debt in money is satisfied by the transmission of ownership of a thing by the debtor to the creditor?

Response: dacion en pago

Score:
1 out of 1
Yes

Item 10
Only debts that are due and demandable may be the subject of compensation.

Response: False

Score:
0 out of 1
No

Item 11
In consignation, where will the deposit be made?

Response: to the proper judicial authorities

Score:
1 out of 1
Yes

Item 12
In order to extinguish an obligation, the debtor may compel the creditor to accept payment.

Response: False

Score:
0 out of 1
No

Item 13
It is the meeting in one person of the qualities of creditor and debtor with respect to the same obligation.

Response: confusion

Score:
1 out of 1
Yes

Item 14
Debtor promised to deliver to the creditor a house or a price-winning race horse. In order to complete performance, Creditor can compel debtor to deliver a price-winning
race horse.

Response: True

Score:
0 out of 1
No

Item 15
The creditor may be compelled to accept partial performance of a divisible obligation

Response: True

Score:
0 out of 1
No

Item 16
In payment by cession, the ownership of the thing is transferred to the creditor.

Response: False

Score:
1 out of 1
Yes

Item 17
Payment by a 3rd person without the consent of the debtor but accepted by the creditor extinguishes the obligation.

Response: False

Score:
0 out of 1
No

Item 18
Consignation alone (without tender) is allowed in the following cases, except:

Response: When, with cause, the creditor REFUSES to accept the offer to pay

Score:
1 out of 1
Yes

Item 19
In consignation, how many notices would the debtor need in order to extinguish the obligation?

Response: One, subsequent notice after consignation

Score:
0 out of 1
No

Item 20
An unaccepted tender of payment without consignation does not extinguish the debt.

Response: False

Score:
0 out of 1
No

Item 21
When a thing is lost, it is presumed that it was due to the debtor's fault.

Response: True

Score:
1 out of 1
Yes

Item 22
Payment shall be made to the following, except:

Response: any person

Score:
1 out of 1
Yes

Item 23
Acceptance of a payment by the creditor from any person extinguishes the original obligation.

Response: True

Score:
0 out of 1
No
Item 24
Renunciation of the principal obligation extinguishes the accessory obligation and vice versa

Response: False

Score:
1 out of 1
Yes

Item 25
After tender of payment, consignation is mandatory.

Response: True

Score:
0 out of 1
No

Item 26
An obligation is extinguished if creditor accepts partial performance under protest.

Response: True

Score:
0 out of 1
No

Item 27
D owes C P1,000,000. F, a friend of D, approaches C and tells him: “I will pay you what D owes you.” C agrees. There is expromission.

Response: True

Score:
1 out of 1
Yes

Item 28
In remission, consent of the debtor is necessary.

Response: True

Score:
1 out of 1
Yes

Item 29
Before the creditor has accepted the consignation, the debtor can withdraw the thing or sum consigned as a matter of right.

Response: False

Score:
0 out of 1
No

Item 30
In an obligation that has a principal and interest, as a rule, principal must be paid first.

Response: True

Score:
0 out of 1
No