MIDTERM EXAMINATIONS IN OBLIGATIONS AND CONTRACTS

Name: _________________________________________ Date: _____________________

Section: _____________________

Part I – Identification

1. ______________________ It is a juridical necessity to give to do or not to do. Obligation

2. ______________________ Juridical relation which is created when something is received when

there is no right to demand it and it was unduly delivered through mistake. Solution indebiti

3. ______________________ It refers only to a class or genus to which it pertains and cannot be

pointed out with particularity. Generic or determinate thing

4. ______________________ Any event which cannot be foreseen, or which, though foreseen, is

inevitable. Fortuitous event

5. ______________________ A future and uncertain event, upon the happening of which, the
acquisition or extinguishment of an obligation (or right) subject to it depends. condition

6. ______________________ One which is not subject to any condition and no specific date is
mentioned for its fulfillment and is therefore, immediately demandable. Pure obligation

7. ______________________ Those which arise from the same cause, wherein each party is a
debtor and a creditor of the other, such that the performance of one is conditioned upon the
simultaneous fulfillment of the other – from the moment one of the parties fulfills his obligation, delay
by the other begins. Reciprocal Obligation

8. ______________________ The fulfillment of which will give rise to an obligation (or right). In other
words, the demandability of the obligation is suspended until the happening of the uncertain event
which constitutes the condition. Suspensive condition

9. ______________________ The fulfillment of which will extinguish an obligation (or right) already
existing. Resolutory condition

10. ______________________ A future and certain event upon the arrival of which the obligation (or
right) subject to it either arises or is terminated. Period

11. ______________________ One wherein various prestations are due but the performance of one
of them is sufficient as determined by the choice which, as a general rule, belongs to the debtor.
alterOb

12. ______________________ One where only one prestation is due but the debtor may substitute
another. Facultative condition

13. ______________________ One where there are several prestations and all of them are due.
ConOb

14. ______________________ One where the whole obligation is to be paid or fulfilled proportionately
by the different debtors and/or is to be demanded proportionately by the different creditors.
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 15. ______________________ One where each one of the debtors is bound to render, and/or each
one of the creditors has a right to demand from any of the debtors, entire compliance with the
prestation.

Part II – Multiple choice. Encircle the correct answer.

1. It is the voluntary management of the property or affairs of another without the knowledge or
consent of the latter.

a. Negotiorum gestio 25 c. Mora accipiendi

b. Solutio indebiti d. None of the above

2. It is a future or uncertain event, upon the happening of which, the acquisition or extinguishment of
an obligation (or right) subject to it depends.

a. Resolutory condition c. condition

b. Suspensive condition d. None of the above

3. One where there is only one prestation. P123

a. Pure obligation c. Alternative obligation

b. Simple obligation d. None of the above

4. It is the deliberate or intentional evasion of the normal fulfillment of an obligation.

a. Usury c. fortuitous event

b. Negligence d. none of the above 52

5. It is any voluntary act or omission, there being no bad faith or malice, which prevents the normal
fulfillment of an obligation. It is the failure to exercise that degree of care required by the
circumstances.

a. Negligence 53 c. Fraud
b. Payment d. Creditor

6. These are the spontaneous products of the soil, and the young and the other products of animals.

a. Civil fruits c. Natural fruits 36

b. Industrial fruits d. Fruit of the loom

7. These are those produced by lands of any kind through cultivation or labor.

a. Industrial Fruits 36 c. Natural Fruits

b. Civil Fruits d. Fruit of the loom

8. The attention and care required of a person in a given situation.

a. Acts of man c. extra ordinary care

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 b. Diligence 62 d. none of the above

9. They refer to what is called majeure or those events which are totally independent of the will of
every human being.

a. Acts of man c. Acts of God 64

b. Acts of nature d. None of the above

10. Is one the object of which, in its delivery or performance, is capable of partial fulfillment.

a. Indivisible obligation c. Divisible obligation 164

b. Partial indivisibility d. None of the above

11. Is one the object of which, in its delivery of performance, is not capable of partial fulfillment.

a. Indivisible obligation 164 c. Divisible obligation

b. Partial indivisibility d. None of the above

12. Where a specific provision of law declares as indivisible, obligations which, by their nature, are
indivisible.

a. Indivisible obligation c. Divisible obligation

b. Legal indivisibility 166 d. None of the above

13. A condition suspensive in nature and which depends upon the sole will of one of the contracting
parties is known as:

a. Suspensive condition c. Potestative condition 83

b. Facultative condition d. None of the above

14. Where the condition depends solely upon the will of the debtor, the conditional obligation shall be:

a. Valid c. Conditional
b. Void 1182 d. None of the above

15. The inference of a fact not actually known arising from its usual connection with another which is
known or proved.

a. Presumption 68 c. Disputable presumption

b. Conclusive presumption d. None of the above

16. The period fixed by the parties in their contract.

a. Legal period c. Contractual period 117

b. Juridical period d. none of the above

17. The remedy available to an oblige when the obligor fails to comply with his/her obligation, to
abrogate their contract as if it was never entered into, with the right to recover damages.

a. Specific performance c. File an action in court

b. Recission 103 d. None of the above
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 18. A solidary creditor can assign his rights without the consent of the others.

a. True c. It depends
b. False 1213 d. All of the above

19. One whose effects or consequences are subjected in one way or another to the expiration or arrival
of the said period.

a. Obligation with a period 110 c. Indefinite period

b. Definite period d. None of the above

20. Where the period is not fixed but a period is intended, the courts are usually empowered by law to
fix the same. The period is called

a. Obligation with a period c. Indefinite period 112

b. Definite period d. None of the above

Part III – Enumeration

1. Give at least two (2) different kinds of fruit in relation to the rights of a creditor.
2. Give at least two (2) essential requisites of an obligation.
3. What are the two (2) kinds of presumption?
4. Give at least two (2) sources of obligation.
5. Give at least two (2) requisites of fortuitous events.

Part IV – Discuss the following briefly.

1. Distinguish Suspensive condition from Resolutory condition.

2. Distinguish Joint obligation from Solidary obligation.

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