BALAW QUIZZES 5.

Give the 4 characteristics of Law

QUIZ 1
1. This law or body of rules deals with the nature
and sources of obligations and the rights and
duties arising from agreements and the particular
contract.
Law on obligations and contracts
2. Which of the following statement is true about
law
A. It refers to any rule of action only.
B. A system of uniformity and not a rule of
action.
C. It refers to any rule of action or a system
of uniformity
D. It is neither a rule of action or a system
of uniformity.
ANSWER: C
Correct answers:
 Rule of conduct
 Obligatory
 Promulgated by legitimate authority
 Common observance and benefit
6. What does Supremacy of the Constitution
mean?
If a law or contract violates a norm of the
constitution, it will become null or invalid
whether it is promulgated by the legislative or
executive branch.
Correct answers:
If a law or contract violates any norm of the
constitution that law or contract whether
promulgated by the legislative authority or
executive branch or entered by private
persons for private purposes is null and void
and without force and effect.

3. Give at least 4 sources of law.

Correct answers:

 1987 Philippine Constitution

 Judicial decisions and Jurisprudence
 Custom
 Executive and Administrative issuances
 Legislation

4. When is the effectivity of the Civil Code?*

A. December 7, 188 *
B. August 30, 1950
C. June 18, 1949

ANSWER: B
QUIZ 2
1. What are the 2 classifications of Quasi-
contract?
Correct answer: The 2 major classifications
of Quasi-contracts are: Negotiorium Gestio
and Solutio Indebiti
2. Identify the source and the essential requisites
of the obligation in this example. A lease
agreement entered into by A and B. A as the
lessee and B as the lessor for the rent of an
apartment.
Source is contract. A is the active subject or
creditor. B is the passive subject or debtor. The
lease agreement is the juridical tie that binds A
and B together. B has a real obligation to
provide access to the apartment to B.
Correct answers:
 Source: Contract of lease
 Passive subject - A/B
 Active subject A/B
 Prestation: Payment of rents, allowing
the lease
 Juridical tie: Contract of lease
3. May a person incur obligations even without
entering into any contract or voluntary
agreement? Explain.
Yes, a person may incur obligation even without
entering into any contract or agreement because
there are other sources of obligation aside from
that. If you cause someone damage through
negligence or crime, a person will have an
obligation to compensate for the damages.
Another source is by the law wherein we have
basic obligations like paying taxes that we are
obliged to follow. Quasi contract as another
source is in fact not based on any agreement but
we are obliged to follow based on what the law
tells us to do.
Correct Answer: Yes, because contract is not
the sole source of an obligation, the law
provides for other sources wherein agreement
of the parties are not necessary in order to
bind the parties.
4. A entered into a contract of sale with B who
paid the price of a car. A did not deliver the car.
Identify the essential requisites of the obligation
in this example.
B - Active subject,
A - passive subject,
object: real obligation to give,
source: contract of sale,
juridical tie: agreement that A will deliver the
car.
Correct answers: The essential requisites of the
obligation based from the above-mentioned
example are the following: 1) A - is the
passive subject as he has the one who became
bound to perform the obligation, in view of
B's payment; 2) B- is the active subject, he
has the right to demand fulfillment of the
obligation; 3) the delivery of car is the object
or presentation; and 4) juridical tie is the
contract of sale.
5. A ordered food via grab and paid it through
Gcash. Subsequently, the food was erroneously
delivered to B. Is A entitled to reimbursement?
If so, from whom and what is the source of the
obligation?
A is entitled to reimbursement from B. The
source of the obligation is called quasi-
contracts. Under solutio indebti, it states that
when something is received when there is no
right to demand to and it was unduly delivered
through mistake, it should be returned. It is
under the principle of unjust enrichment that we
should return what we gain unjustly or in other
words, no person shall unjustly enriched himself
at the expense of others.
Correct Answer: Yes, A is entitled to
reimbursement. A may demand
reimbursement either from B, based on a
quasi-contract, or from a grab driver based
on a contract. The driver is a partner of the
app provider and per the driver’s agreement
with the APP provider, the driver is liable for
the damage he had caused by virtue of his
negligence.