Reviewer in Business Law by Obeso

October 31, 2017 | Author: roli | Category: Guarantee, Loans, Indemnity, Debt, Debtor
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Business Law by Obeso...


TN? Ion= of obligations which is a rule of conduct, just and obligatory, promulgat‘:,d by lzgitimatz ~authorities for common good, benefit and observance b. Quasi contracts c. Delicts Fae Contracts d. LAW -

Ajtridical necessity to give, to do or not to do a, Civil 'obligation b. Natyral obligation

c. Monti obligation

They give a right of action to compel their performance a. civil obligation b. moral obligation c. natural obligation


Social obligation

d. social obligation

The obligee has a right to enforce,the obligation against the obligor in a court of law b. moral obligation

, c. natural obligation

d. 3°60 obligation

. • 5; This is based on equity and justice b. moral obligation a, civil obligation

c, natural obligation

d. social obligation

a., civil obligation

6. The person in whose favor the obligation is consti tined

a. Obligor

b. Obligee

c. P•s!ii ve subject

7. Synonymous to obligee 1: Creditor 2. Active stibjel a. and 2 b. 1 and 4

• • Dj.tor 4. P.6ss.' , subject c. 2 anc_. T;

8. The person who has the duty of giving, do,ng or not king a. Obligee b. Obligor e. Act;


9. Synonymous to ubligor 2. Active subject 1.) Creditor b. 1 and 4 a. 1 and 2

10.The object or subject matter of the obligation b. Vinculum a. Prestation



Del.-)tor c. 2 and 3

• c. Active subject

11. The efficient cause or juridical tie why the obligation exists b. Passive Subject c. Prestation a. Active subject 9

d. Dthtor


Pv..ssi...e d and 4 .

J. P:lssive subjek:

Ll. Vinculum

12. The. duty not to recover what has voluntarily been paid although paymat was no ionwer c. Mord obligation, d. juridical b. Natural obligation a. obligation 13. The following are sources of obligations derived from law, eNcept a. contracts

b. 'quasi-contracts


14. Cannot be enformi by court action and depend exclusively u•on ill^. good cons -.;e7icc of die debtor. c. inora: obligation b. natural obligation d. -,ocial obligation a. civil obligation 15. A owes B P1,000 .. A, knowing that the debt has prescribed neverth-;less, still wiys B. an A reco.ver• what he voluntarily paid? Yes, because P has no right IX) demand the pLyrnent effec:ed by A Eira,answer No, the payment extinguished the natuail obligation. 5econd answer


a.Both answers are correct b. Both answers are wrong

c. Only the first is correct d. Only the second is correct

16. The duty to pay taxes and to support one's Family are obligations arising from d. Delic:s c. Quasi contracts b. Contracts IL Law

t7i Tliqrobligation of husband and wile to render mutuai help and support arises from 4.. ::ontaTict

b. law

c quasi-contract

d, quasi-delict

18. A supports 13, a minor because 13's father refuses to support B, The father is obliged to reimburse A. The source of obligation is b. quasi contract „ a. contract delict d. quasi — delict

19.: A jutidical relation resulting from a lawful, voluntary, and unilateral act and which has for its purpose , the payment of indemnity to the end that no one shall be unjustly enriched or henefited at the expense of h another. b.Quasi-contract c. Delict d. Quasi-delict a-COntact 20. When a person vOluntarily takes charge of another's abandoned business or property without the owner's authority where reimbursement must be made for necessary and useful expenses. b. Quasi-delict L' a. Quasi-contract' e. Negotiorum gestio d. Solutio indehiti

a( 21. When something is received when there is no right to demand it , and it was unduly delivered thru mistake, the recipient has the duty to return it b. Quasi-delict a. Quasi - contract c. Negotiorum gestio d. Solutio indebiti 22. - A ouaskontract is an implied contract - A defendant who is acquitted in a criminal case is no longer 0. false, true b. true, false a. true, true or cuipa aqUiliar,a is 6 23. Torta. Quasi-contract

b. Quasi-delict


c. Negotiorina gestio

d. false, false d, Solutio indebiti

24. A fault or act or omission of care which causes claninge to :d other, there being no pre-existing contractual relations between the parties a. Quasi-contract b. Quasi-delict • c. Negotiorum gestio d. Solutio indehiti • 25. Orniasinn of the diligence which is required by the oircuinstances of person, place and.titne a. Ignorance b. Negligence c. Irrpotence d. insanity 26. Unless the Jaw or the stipulation of the parties require another standard of care, every person obliged to give something is also obliged to take care of it with the proper diligence c. Of a father of a good family a. Ooserving utmost care d. Observing ordinary diligence b. Observing extraordinary care

diligence is n 27. Ordinary a. Diligence of a good father of a family • ,

b. Extraordinary diligence

c. Diligence required by law d. Diligence of a father of a good family

IP 28. The creditor has a right to the fruits of the thing a. From the time the obligation to deliver it arises c. From the time there is meeting of the minds d. From the perfectiou of the contract b. From the time the fruits have been delivered 29. From the time the fruits have been delivered, the creditor shnil tteilu ire c. Moral rOit b. Personul right ' P. Real right

d. Iii.t:hoate right

CU, 30. If A sells to B a fountain pen, the giving by A to B of the fountain pen is Constructive c. Symbolical tradition d. Traditio longa - manu b. a. Actual tradition delivery

a/ 30. If A sells to B a fountain pen, the giving by A to B of the foUnt;lin pen is Constructive c. Symboiical tradition b. a. Actual tradition delivery

Traditio longa-manu

Items 31-35 A kind of constructive delivery whereby: (k) 31. There is delivery when the keys of a warehouse are given c. Traditio brevi manu a. Traditio sinnbolica ci, Truditio constitutom possessorium b. Traditio longa-rnanu -

the object. 32. here is delivery by mere consent or the pointing out of u. Tr adi ti brevi - manu a- Traditio, siraboi ica

Tra4itio • . _ - . conga-manu -

BL-62-41 2

Traditio constitutora possessorium

A possessor

of a thing not as an ()twice, becomes the posses so r as owner sumbolica Traditio brevi• mann Traditio conga-mono d. Traditio constitutom possesshriurn 4.. A possessor of ft thing as an owner retains possession no a.,Tmditio simbolica loiTcr as an owner, but in !'.orne ether capacii. c. Trad it brevi mono b. Traditio conga-mane •


Trail it;o eonstitutom

e opposite of brevi-manu Longa manu SiraboliCa • -

Constitutom possessors um d. QuiLsi.ttadition

a- fig is capable Of particular designation . b. Specific •

a. Generic 37.

c. Indeterminate

d . Indeterminable

a thing refers to a class, to a genus

b, Specific and cannot be pointed out with particularity. c. Determinate d. Itideterminable


38 A wifo was about to deliver a child. Her parents brought her to the hospital 'Wh6 should pay C le expenses for medical attendance? Aatm_L


The husband, because it is Ws duty to support his wife and support attendance. includes tned ical

Zgmlysi:2 The parents, because they were the persons,who brhe 'Both answers are correct ought t "wife" to the hospital c. Only the first is correct -

b. Both answers are not correct

d. Only the second is corre.ct

39, The following are kinds of ftuits of an obligation, except Mural b. industi jai civil 6,

d. penal

40. Spontaneous products of the soil and.:he Offspiing and other products of animalf; a., natural b. industria.I C. civil

d. penal


41. Products of the soil through cultivation or intervention of human labor. • a. natural b. industrial c. civil

d. pen:11

d. pen;11

42. Fruits arising out of contracts — like rental payments a., natural b, industrial c. civil

d. penal

43. When does the obligation to deliver arise Inhere is nolerm or condition, then from the perfection of the contract , „6riumr_2 If there is a term or condition, then from the moment the,term arrives or the condition happens a. True,strue b. True, false c. False, iTLIC d. false, false C.

44. A is obliged to give. B 10 kilos of sugar, which of the following is not correct a.B can demand that A obtain the sugar and deliver it to him b.B can just buy 10 kilos of sugar and charge the expenses to A can insist on just pa.ying,B damages or the monetary value of the sugar • d,B may require another person to deliver the sugar and charge the expenses to A 45. Where demand by the creditor shall be necessary in order that delay may exist a. When time is of the essence of the contract b. When demand would be useless c. When the obligor has 'expressly acknowledged that he is in default d. When the obligor requested for an extension of time 46. Debtor's default in real obligation

a. Mora accipiendi b. Mora solveudi ex re -

c. Mom )1ven(ii cx persona (I. Comp, nsatin roorap

Debtor's default in personal obligation Mona accipiendi ;b. Mora solvendi ex-re

c. Mora solvendi-ex persona d. Compensatio morae

8; Default on the part of the creditor a. Mora accipiendi b. Solvendi ex re

Mora solvendi ex persona Compensatio morae


Default on the part of both parties a: Mora accipiendi b. Mora solvendi ex-re


Mont solvendi ex person; Coni•ensatio

50.A borrowed money from B payable on Dec. 10, 2006. 11 a: because there is stipulation as regards the due date.

led to pay on due clate. will A be in delay?


c. Mixed

d. Partial

150. • ,Expronlission, delegacion or subrogating a third person in the right of the creditor ,b: .'Per3Onal c. Mixed Real d. Partial


151. NovatiOn which changes the object t.nd parties of the obligtaion b. Personal a. Real 152. SubstitutiOn of debtor wh p the initiative; comes from a third person Expromission, a. Delegacion ubrogation

d. Partial . ...„....-

d. NoCLation -----

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