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PART 1 I. IDENTIFICATION: 1. The kind of fruits derived by virtue of a juridical relation. 2. The act of depositing the thing or amount due, with the proper court when the creditor does not desire or cannot receive it. 3. A condition the fulfillment of which will extinguish an obligation already existing. 4. The gratuitous abandonment by the creditor of his right against the debtor. 5. The delay of the obligor in reciprocal obligations. II. TRUE OR FALSE: Write True if the statement is correct and False if it is wrong. 1. A personal right is binding or enforceable against the whole world. 2. A reminder made by one to the other to perform an obligation constitutes a demand. 3. Civil fruits are those produced by lands of any kind through cultivation or labor. 4. Obligation arising from contracts have the force of law between contracting parties and should be complied with in good faith. 5. Legal delay is merely the failure to perform an obligation on time. 6. When there is a suspensive term or period for the performance of the obligation to deliver arises upon expiration of the term or period. 7. A waiver of action for future fraud is valid. 8. When there is performance by a party in reciprocal obligation, demand is not necessary to put debtor in delay. 9. The rule that every person is obliged to give something is also obliged to take care of it with a proper diligence of a good father of a family is absolute. 10. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be valid. 11. The creditor is entitled to the fruits of the thing to be delivered from the time the obligation to make delivery arises. 12. Culpa aquiliana is a negligence resulting in the commission of a crime. 13. legal tender is that which a debtor may compel a creditor to accept in payment of the debt. 14. The obligation to give a determinate thing includes that of delivering all its accessions and accessories even though they may not have been mentioned. 15. Mora accipiendi refers to the delay of the obligors in reciprocal obligations. III. MU LTIPLE CHOICE: Write the letter of the correct answer. 21. Which of the following is wrong in alternative obligations? a) The obligor shall completely perform one of them. b) The obligee cannot be compelled to receive part of one and part of the other undertaking c) The right of choice belongs to the creditor, unless it has been expressly granted to the debtor. d) The debtor shall have no right to choose to those prestations which are impossible, unlawful or which could not have been the object of the obligation. 22. The thing is considered lost when a) It perishes b)It becomes illegal c)It cannot be recovered d)All of the above 23. Which of the following is not a special form of payment? a) Dacion en pago b) payment by cession c) tender of payment and consignation d)compensation e) application of payment 24. Which of the following extinguishes an obligation? a) Novation b) death of a party c) happening of a fortuitous event d) all of the above e) none of the abve 25. In facultative obligation, the right to make the substitution belongs to a) only the debtor b) only the creditor c) neither the debtor nor the creditor d) both the debtor and the creditor 26. An obligation becomes solidary when a) the obligation expressly so states b) the law requires solidary c) the nature of the obligation requires solidarity d) all of the above e) none of the above

Examination for OBLICON PART 1 080315

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Page 1: Examination for OBLICON PART 1 080315

PART 1I. IDENTIFICATION:

1. The kind of fruits derived by virtue of a juridical relation. 2. The act of depositing the thing or amount due, with the proper court when the creditor does not desire or cannot receive it. 3. A condition the fulfillment of which will extinguish an obligation already existing. 4. The gratuitous abandonment by the creditor of his right against the debtor. 5. The delay of the obligor in reciprocal obligations.

II. TRUE OR FALSE: Write True if the statement is correct and False if it is wrong.

1. A personal right is binding or enforceable against the whole world. 2. A reminder made by one to the other to perform an obligation constitutes a demand. 3. Civil fruits are those produced by lands of any kind through cultivation or labor. 4. Obligation arising from contracts have the force of law between contracting parties and should be complied with in good faith. 5. Legal delay is merely the failure to perform an obligation on time. 6. When there is a suspensive term or period for the performance of the obligation to deliver arises upon expiration of the term

or period.7. A waiver of action for future fraud is valid. 8. When there is performance by a party in reciprocal obligation, demand is not necessary to put debtor in delay. 9. The rule that every person is obliged to give something is also obliged to take care of it with a proper diligence of a good father

of a family is absolute. 10. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be valid. 11. The creditor is entitled to the fruits of the thing to be delivered from the time the obligation to make delivery arises. 12. Culpa aquiliana is a negligence resulting in the commission of a crime. 13. legal tender is that which a debtor may compel a creditor to accept in payment of the debt. 14. The obligation to give a determinate thing includes that of delivering all its accessions and accessories even though they may

not have been mentioned. 15. Mora accipiendi refers to the delay of the obligors in reciprocal obligations.

III. MULTIPLE CHOICE: Write the letter of the correct answer.

21. Which of the following is wrong in alternative obligations?a) The obligor shall completely perform one of them.b) The obligee cannot be compelled to receive part of one and part of the other undertakingc) The right of choice belongs to the creditor, unless it has been expressly granted to the debtor.d) The debtor shall have no right to choose to those prestations which are impossible, unlawful or which could not have been the

object of the obligation.

22. The thing is considered lost when a) It perishes b)It becomes illegal c)It cannot be recovered d)All of the above

23. Which of the following is not a special form of payment?a) Dacion en pago b) payment by cession c) tender of payment and consignation d)compensation e) application of payment

24. Which of the following extinguishes an obligation?a) Novation b) death of a party c) happening of a fortuitous event d) all of the above e) none of the abve

25. In facultative obligation, the right to make the substitution belongs toa) only the debtor b) only the creditor c) neither the debtor nor the creditor d) both the debtor and the creditor

26. An obligation becomes solidary whena) the obligation expressly so statesb) the law requires solidaryc) the nature of the obligation requires solidarityd) all of the abovee) none of the above

27. A binds himself to pay B from time to time. The obligation is deemed to be:a) Pure b) with a period c) subject to a resolutory condition d) subject to a resolutory period e) conditional

28. A delay on the part of the debtor to fulfill his obligationa) mora solvendi b) mora accipiendi c) compensatio morae d) legal delay e) default

29. Which is not a ground for liability which may entitle the injured party to damages?a) Dolo b) culpa c) force majeure d) mora e) fault

30. Negotiorum gestio and solution indebiti are forms of a) Contract b) quasi-delict c) quasi contracts d) torts e) mora

31. The act of depositing the thing or amount due with the proper court when the creditor does not desire or cannot receive it.a) Reimbursement b) legal tender c) consignation d) tender of payment e) cession

32. Pablo Santos and Mario Sanchez are solidarily indebted to Juan de la Cruz in the amount of P100,000.00. The debt prescribed. What is the effect if Pablo Santos, nevertheless, paid the debt?

a) Pablo Santos can still collect from Mario Sanchezb) Pablo Santos can recover from Juan de la Cruzc) Pablo Santos cannot collect from either Mario Sanchez or Juan de la Cruzd) Both a and be) None of the above

Page 2: Examination for OBLICON PART 1 080315

33. Fruits that are spontaneous products of the soil and the young and other products of animalsa) industrial fruits b) civil fruits c) agricultural fruits d) natural fruits e) botanical fruits

34. First Statement: A pure obligation is one which is not subject to any condition. Second Statement: A pure obligation is an obligation which is demandable at once.. a) Both statements are trueb) Both statements are falsec) The first statement is true but the second one is falsed) The first statement is false but the second one is truee) None of the above

35. Jose promises to paint Juan's picture for Pedro, who intends to sell it to Maria. The prestation of the obligation is:a) painting of Juan's picture b) Juan c) Joe d) Pedro e) Maria

36. Meeting of minds whereby one binds himself, with respect to the other, to give something or to render some service.a. Consent b) Object c) Cause d) Contract

37. The contracting parties may establish such stipulation, clauses, terms and conditions provide they are not contrary toa. Law b) Morals c) Good customs d)All of the above

38. The contracting parties may establish such stipulation, clauses, terms and conditions provide they are not contrary toa. Public order b) Public policy c) A and B d)Neither A nor B

39. Contracts take effect between thea. Parties b. Assigns c. Heirs d. All the above

40. Where the rights and obligations arising from the contract are not transmissible by their nature, said contract shall take effect between the

a. Parties b. Assigns c. Heirs d. All of the above

41. Which of the following is an obligation with a condition? promise to give you P1,000,000.00a) As soon as I have the money.b) If your sister dies of TBc) On September 5, 2010d) As soon as my parents permit me to do.

42. A and B are joint debtors of C, D, E and F, solidary creditors to the amount of P1,000.00. How much can C collect from A?a) P1,000.00 b) P500.00 c) P250.00 d) P125.00

43. The failure to observe for the protection or interest of another that degree of care and precaution, which the circumstances justly demand, whereby such other person suffers injury.

a) Mora b) dolo c) delict d) culpa

44. The obligation to give may refer either to:a) specific or determinate object or thing c) both a and bb) indeterminate or generic thing d) none of the above

45. Obligation arise from:a) Crimes b) law c) contracts d) a, b and c e) b and c only

46. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be _______a) Subject to a suspensive condition b) conditional c) with a period

47. Which is not a ground for the reduction of a penalty by the courtsa) partial or irregular performance b) valid penal clause c) iniquitous or unconscionable penalty agreed upon

48. The following obligations are deemed divisible. Which is the exception?a) Execution for a certain number of days of workb) Accomplishment of work by metrical unitsc) Analogous things which by their nature are susceptible of partial performanced) To give a definite thing

49. Three of the following are requisites of an obligation. Which is the exception?a) Prestation b) efficient cause c) passive subject d)delivery

50. Which obligation is not demandable at once.a) When it is pure c) When it is subject to a resolutory periodb) When it is subject to a resolutory condition d) When it is one with a period