Oblicon - Quiz 1 Part 6

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QUIZ ON OBLIGATION-PART VI

1. In three of the following cases, compensation cannot be claimed


by the debtor except:
a. By the bailee in commodatum;
b. By the depositor in contractor deposit;
c. By the person obliged to give support due by gratuitous title;
d. By the debtor in an obligation arising from a penal offense

2. Which of the following is not a requisite for legal


compensation?
a. Both debts are due;
b. Both are liquidated and demandable;
c. By the person obliged to give support due by gratuitous title;
d. By the debtor in obligation arising from a penal defense

3. A owes B P1M guaranteed by X. In turn, B owes A P.5M. A failed


to pay B and the latter is now collecting from X.
a. X is liable to B for P1M because as guarantor he is liable for
the debt of the debtor in case of non-payment thereof;
b. X shall be liable to B for P.5M only if the latter agrees to the
compensation;
c. X cannot claim compensation against B because the latter
owes him nothing;
d. X can set up compensation as regards what B owes A

4. A owes B P1M guaranteed by C. B assigns his credit X. X assigns


his credit to Y. Y assigns his credit to C, the guarantor, Does A still
have to pay C?
a. No because the guarantor is liable to the creditor B and not
to debtor A.
b. Yes because the guarantor has now become the creditor;
c. No because it is the obligation of the guarantor pays the
creditor for the benefit of the debtor;
d. Yes because the guarantee has been extinguished by
confusion or merge of rights

5. A owes B P1M. B owes A P.5M. B assigned credit to C with the


consent of a who reserved his right to compensation.
a. A claim compensation against C as to what b owes him.
b. A cannot claim compensation against C because he
consented to the assignment
c. A cannot claim compensation against C without his consent
d. A cannot claim compensation against C even without the
reservation
6. A owes B P1M due on Jan.21, 2001. B owes a P.2M due on
Jan.20, 2001 and P.3M due on March 2, 2001. B assigned the
credit to Con Feb.2, 2001 without the knowledge of A who
obtained knowledge of the assignment of credit on Feb. 4, 2001
a. A cannot claim compensation against C because of his
knowledge of the assignment;
b. A can claim compensation up to P.2M only;
c. A can claim compensation of all the debts of B to him;
d. Legal compensation cannot take place.

7. A owes B P1M on Feb. 3, 2001. B owes A a lancer GSR worth


P1M due on Feb.4, 2001
a. On Feb. 3, 2001, A cannot claim compensation because
one of the debts is not yet due;
b. On Feb. 4, 2001, A cannot claim because both debts are
now due;
c. The parties can agree on compensation only Feb.4, 2001
when both debts are due;
d. Legal compensation cannot take place

8. A owes B P1M with 12% interest. As agreed upon among


parties, the principal amount shall be paid to B but the interest
shall be given to C who accepted the stipulation in his favor.
Later A and B agreed that instead of cash it shall be parcel of
land worth P1M
a. The novation of the obligation shall also extinguish the
accessory obligation to pay the interest to c.
b. In the absence of the consent of C to the novation, he is
still entitled to the interest;
c. With or without the consent of C, the obligation to give the
interest to him is also extinguished because of the novation
of principal obligation;
d. Since the parcel of land could possibly earn interest, the
obligation to pay interest is extinguished

9. A owes B a sum of money and secured by a pledge on his car.


Later, the car is found to be in the possession of A.
a. It is presumed that the debt of A has been condoned;
b. It is presumed both the debt and pledge has been
remitted;
c. It is presumed that debt is extinguished;
d. It is presumed that the pledge is condoned
10. In which of the following is consignation alone without prior
tender of payment not valid to extinguish the obligation?
a. When two or more persons claim the same right to collect;
b. When the title of the obligation has been lost;
c. When with just a cause the creditor refuses to issue a
receipt;
d. When is incapacitated to receive the payment at the time
it is due.

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