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LAW121
LAW121
LAW121
Question 1
Laws only take cognizance of external QUIZ 2
acts. What is the reason behind this Marks 12.00/15.00 (80)
rule? Question 1
In obligations with a period, the acquisition of rights, as well as
the extinguishment of those already acquired, shall depend upon
The reason behind this rule is, that laws the happening of the event.True X False
will only recognize if there is proof of
action. If there is no proof or pieces of Question 2
evidence that show the violation then If the condition depends upon chance,
there is no violation because laws apply the obligation is valid. True False
equity where everyone has the right to
defend themselves. Furthermore, it is
difficult to apprehend someone without Question 3In a divisible obligation
proof because there are some situations which is subject to an impossible
like thoughts or ideas that they did a crime condition, such condition will annul the
but only in internal acts. So, proofs is very whole obligation. True False
important to recognized laws.
Question 3
Question 8
Explain briefly the following
If the resolutory condition depends
characteristics of law: RULE OF
upon the sole will of the debtor, it is
CONDUCT
void. False
Question 6
a.they agreed on a period but failed to For an event to be considered as a
fix it. condition,
b.they never agreed on a period.
c.the period depends upon the will of the a.it should be a future or uncertain event
creditor.
Question 7
a.he has paid by mistake An obligation which is independent of a
future or uncertain event is a
b.the condition is fulfilled
c.Pure obligation
Question 8
An obligation can validly exist even
without a condition since a condition is
only
Question 15
a. the obligation is effective from the “I will pay you when my means permit
time of the creation of the obligation. me to do so.” This is an example of
Question 11 Question 2
When the use of the cellular phone Which of the following is an indivisible
becomes illegal, such would be obligation?
considered as
Question 5
a. it may be a past event Andres and Bryan both undertook a
b. it may be suspensive or resolutory contract to deliver to Charlie in Manila
a boat docked in Subic. Before they
could deliver it, however, the boat sank c.the delivery of the specific thing
in a storm. The contract provides that (1225)
fortuitous event shall not exempt
Andres and Bryan from their obligation.
Owing to the loss of the motor boat, Question 9
such obligation is deemed converted A solidary obligation exists when
into one of indemnity for damages. Is
the liability of Andres and Bryan joint
or solidary?
a.the nature of the obligation requires
solidarity (1207)
a.Joint since the conversion of their b.the obligors are liable only for his own
liability to one of indemnity for share
damages made it joint. (1209)
c.the object is divisible
b.Solidary since Andres and Bryan failed
to perform their obligation to deliver the
motor boat. Question 10
In joint obligations, each debtor shall
c.Solidary or joint upon the discretion of
Charlie.
a. be liable for the whole obligation
Question 6 f. be liable for the share of an insolvent
Statement No. 1: If two or more creditors co-debtor
or debtors concur, the presumption is that
the obligation is solidary. C. be liable for his own share (1208)
a.Statement No. 1 is false; Statement No. a.shall choose any item, lost or not
2 is true. (1205)
Question 14
Question 8 In facultative obligations, the loss of the
What thing is an indivisible obligation? substitute will make the debtor liable if
a.the performance of an act for a certain
number of days
a.the principal has been lost.
b.the delivery of an object in such
measure and weight b.he already communicated his desire
to deliver the substitute. (1206)
c.the loss was due to his negligence. Question 10 The share of the insolvent solidary debtor shall be
borne by the other debtors in proportion to their debts.
True (1217)
Question 15
The debtor shall be liable for the penalty Question 11
and damages if \Solidarity exists when the debtors are
liable to perform their own proportionate
shares. False ( 1208,1207, 1211)
a.he chose to pay the penalty and not
perform the principal obligation
Question 12
b.he is guilty of fraud in the performance Proof of actual damages suffered by the
of the obligation (1227) creditor is necessary in order that the
penalty may be demanded.
c.he was in delay in the performance of
the obligation
TRUE/FALSE
Grade 13.00 out of 15.00 (87%)
Question 1
A penalty shall only exist if the parties
False (1228)
expressly stipulated. True (1227)
Question 13
Question 2 A penal clause is a
A joint divisible obligation gives rise to
principal undertaking by an obligor who
damages from the time anyone of the
fails to perform his obligation. False
debtors does not comply with his
(1226)
undertaking. FALSE(1224)
Question 3
If one of the joint debtors cannot pay his
obligation due to insolvency, his share
shall be shouldered by the other joint
debtors. False (1208)
Question 4 Question 14
An indivisible obligation shall be
performed in full at one time by the debtor.
True (1225) If two or more creditors or debtors concur,
the presumption is that each of them is
liable for the whole obligation.
Question 5
The judge shall equitably reduce the
penalty when the principal obligation has
been partly complied with. True (1229)
False (1207)
Question 6 Question 15
The nullity of the penal clause does not A joint obligation shall exist only if the
carry with it that of the principal obligation. parties expressly agreed on it.
True (1230)
Question 7
The penalty is conjoint if the debtor shall False (1207)
pay the penalty in addition to his
performance of the obligation. False
(1227)
Question 8
The obligation shall be divisible if it can be
performed partially.
True (1223)
Question 9
If the debtor pays to a solidary creditor
who made the demand, the obligation
shall be extinguished. True (1214)