Presentation 1 The following are the essential elements of an
obligations except: A. Debtor B. Creditor C. Presentation D. Juridical tie Prestation 2 The following are the sources of an obligation, except: A. Contract B. Law C. Prestation D. Quasi-delict Right 3 It is a claim or title to an interest in anything whatsoever that is enforceable by law. A. Receivable B. Obligation C. Right D. Property Cause of action 4 It is the act or omission by which a party violates the right of another. A. Reason of action B. Motive of action C. Cause of action D. Source of action Damage 5 Is the hurt, loss or harm which results from injury. A. Loss B. Grievance C. Damage D. Damages Culpa Contractual 6 This requires proof beyond reasonable doubt. A. Culpa civil B. Culpa contractual C. Culpa aquiliana D. Culpa criminal Mora solvendi 7 Delay in the fulfilment of an obligation, by reason of cause imputable to the debtor. A. Mora solvendi B. Mora accipiendi C. Compensatio morae D. Creditor’s default Mora accipiendi 8 Delay of the creditor to accept the delivery of the thing which is the object of the obligation. A. Mora solvendi B. Mora accipiendi C. Compensation morae D. Debtor’s default Debt is due 9 When the amount is known by inspection of the terms and conditions of the relevant promissory notes and related documentation. A. Debt is due B. Debt is demandable C. Debt is liquidated D. Debt is unliquidated Conditional 10 An obligation whose fulfilment depends upon a certain event. A. Pure B. Alternative C. Conditional D. facultative Solidary 11 An obligation which involves multiple prestation but the debtor will perform only one prestaton. A. Facultative B. Alternative C. Joint D. Solidary Pure 12 An obligation which is demandable at once. A. Pure B. Alternative C. Joint D. Solidary Conventional 13 An obligation which arises from contracts. A. Legal B. Conventional C. Penal D. Real Unilateral 14 This obligation bonds one party to perform an obligation like in a contract of donation and commodatum. A. Bilateral B. Unilateral C. Civil D. Natural Alternative 15 This is an obligation that involves several subject. A. Individual B. Alternative C. Accessory D. Principal Period 16 This is a time of definite length. A. Jurisprudence B. Period C. Resolutory D. Condition Potestative 17 The fulfilment of the condition depends upon the sole will of one of the contracting parties. A. Suspensive B. Resolutory C. Potestative D. casual Code 18 This prohibits purely potestative , suspensive, conditional obligations that depends on the whims of the debtor. A. Condition B. Jurisprudence C. Code D. Period Civil 19 This kind of lost is determined when the thing goes out of commerce. A. Physical B. Legal C. Civil D. Non-civil Physical 20 This kind of lost is determined when the thing perishes. A. Physical B. Legal C. Civil D. Non-civil Non-civil 21 The following are kinds of lost except: A. Physical B. Legal C. Civil D. Non-civil E. None of the above Usufructuary 22 This gives a right to enjoy the property of another. A. Reimbursement B. Usufruct C. Usefruct D. Usefructuary Rescission 23 This is the effect of unmaking the contract, or its undoing from the beginning and not merely its termination. A. Usefruct B. Reciprocal C. Usufruct D. Rescission Rescind 24 This is to declare the contract void at its inception. A. Reciprocal B. Rescind C. Mutual restitution D. Indemnification Mutual restitution 25 This means bringing the parties back to their original status prior to the inception of the contract. A. Reciprocal B. Rescind C. Mutual restitution D. Indemnification Day Certain 26 This is understood to be that which is must necessarily come, although it may not be known when. A. Day certain B. Day uncertain C. Period D. Time Ex Die 27 This is an obligation for whose fulfilment a day certain has been fixed, shall be demandable only when that day comes. A. Ex die B. In diem C. Resolutory period D. Express Legal Solidarity 28 This may be defined as a tie or vinculum among several actions. A. Legal solidarity B. Conventional solidarity C. Active solidarity D. Passive solidarity Passive Solidarity 29 This may be defined as a tie or vinculum among several debtors. A. Legal solidarity B. Conventional solidarity C. Active solidarity D. Passive solidarity Reciprocal 30 These are the very heart and life of every Concessions compromise agreement. A. Compromise agreement B. Integrity C. Payment D. Reciprocal concession Integrity 31 This is a requisite of payment wherein the very thing due must be delivered or released. A. Voucher B. Integrity C. Identity of the prestation D. Application of payment Incomplete 32 The word accept means to take as satisfactorily, or agree to an /a ______ performance. A. Complete B. Sufficient C. Incomplete D. None of the above Cession or 33 This may be defined as special form of payment assignment whereby the debtor abandons all of his property for the benefit of the creditor. A. Dation in payment B. Application in payment C. Cession or assignment D. Prestation Tender of payment 34 It is the definitive act or offering the creditor what is due him together with the demand. A. Consignation B. Integrity C. Tender D. Tender of payment Final injunction 35 It is one included in the judgement as the relief granted as a result of the action. A. Garnishment B. Preliminary attachment C. Final attachment D. Final injunction Dacion en Pago 36 It is mode of extinguishing an existing obligation partakes of the nature of the sale whereby property is alienated to the creditor. A. Dacion en pago B. Payment by cession C. Application if payment D. All of the above Extraordinary 37 This exist when there is an unusual decrease in the inflation purchasing power of currency. A. Inflation B. Extraordinary inflation C. Extraordinary deflation D. deflation Venue 38 Is the place where a civil action must be filed or instituted. A. Venue B. Creditor’s house C. Debtor’s house D. All of the above Subrogation 39 This is the term when the third person acquires the creditor’s right. A. Subrogation B. Ratification C. Estoppel D. All of the above Creditor 40 In consignation, the ____ will bear the expenses as the general rule. A. Creditor B. Debtor C. Obligor D. All of the above Total 41 Kind of remission that refers only to the principal or to the accessory obligation or to an aspect thereof which affects the debtor, as for instance solidarity. A. Express B. Implied C. Total D. Partial Inter vivos 42 It refers to which is constituted by agreement of the obligee and the obligor, in which case of the nature of donation. A. Inter vivos B. Mortis causa C. Both a and b D. None of the above Mortis Causa 43 Kind of remission which will take effect upon the death of the donor. A. Inter vivos B. Mortis causa C. Both a and b D. None of the above Compensation 44 In this, there must be two or more obligations. A. Compensation B. Confusion C. Both A and B D. None of the above 45 A _____is liquidated when the amount of time of payment is fixed. A. Legal B. Conventional C. Judicial D. Facultative Debt 46 It is an amount actually ascertained. A. Title B. Claim C. Debt D. Payment Obligor 47 The ____ may set up compensation as regards what the creditor may owe the principal debtor. A. Creditor B. Obligor C. Guarantor D. Both A and B Effect 48 Total and partial are kinds of compensation as to ______. A. Cause B. Effect C. Both a and b D. None of the above Real 49 Kind of novation where it is made either by changing the object. A. Real B. Personal C. Possible D. Impossible Express 50 This is so called Material incompatibility. A. Express B. Implied C. Real D. Personal Real 51 This is a classification of contracts which require not only the consent of the parties for their perfection but also the delivery of the object. A. Preparatory B. Principal C. Real D. Consensual Principal 52 Those which can subsist independently from other contracts and whose purpose can be fulfilled by themselves. A. Preparatory B. Principal C. Real D. Consensual Consensual 53 Those which are perfected by mere agreement of the parties. A. Principal B. Accessory C. Real D. Consensual Things 54 One example of this is the contract of pledge. A. Conveyance f use B. Transfer of ownership C. Services D. Things Conveyance of use 55 An example of this is the contract of commodatum. A. Conveyance f use B. Transfer of ownership C. Rendition of Services D. Services Commutative 56 This is one which the parties acquire the equivalent of his prestation and such equivalent is pecuniarily appreciable and is already determined from the moment of the celebration of the contract. A. Onerous B. Commutative C. Gratuitous D. Aleatory Aleatory 57 Those which on of the parties aspires to procure for himself a benefit through the giving of an equivalent. A. Onerous B. Commutative C. Gratuitous D. Aleatory Aleatory 58 An example of this is the contract of insurance. A. Onerous B. Commutative C. Gratuitous D. Aleatory
Nominate 59 Those which have their own individuality.
A. Onerous B. Commutative C. Gratuitous D. Aleatory 60 This contract are strictly construed against the party who drafted it. A. Contract of lease B. Contract of sale C. Contract of adherent D. Contract of adhesion
Sales invoice 61 These are in the nature of contract of adhesion.
A. Sales B. Sales invoice C. Deposit D. Sales income Contract 62 These are law between the parties and they are bond by its stipulations. A. Legal law B. Compromise agreement C. Agreement of contract D. Contract Nominate 63 Those contract which are regulated by special provisions of law. A. Compromise agreement B. Nominate C. Innominate D. Individual contract Compromise 64 This is a form of amicable settlement that is not only allowed but also encouraged in civil cases. A. Compromise B. Compromise agreement C. Agreement D. Contract Do ut Lacias 65 The following are kinds if innominate contract except: A. Do ut des B. Do ut lacias C. Facio ut des D. Facio ut facias The judge 66 As a general rule, contracts take effect only by the following: A. Heirs B. Their assigns C. The parties D. The judge Status 67 Element to consider in determining the degree of intimidations are the following except: A. Age B. Sex C. Status D. Condition Undue influence 68 This is when a person takes improper advantage if his power over the will of another. A. Due influence B. Bad influence C. Undue influence D. Influence Fraud 69 AS a general rule, a mere expression of an opinion does not signify ______. A. Deceit B. Fraud C. Omission D. All of the above Misrepresentation 70 _____made in good faith is not fraudulent but may constitute error. A. Accident B. Omissions C. Misinterpretations D. misrepresentation Misinterpretation 71 Fraud refers to all kinds of deception through the following except: A. Manipulation B. Concealment C. Misinterpretation D. Misrepresentation Ostensible 72 This act is the contract that the parties pretend to have executed. A. Hidden B. Ostensible C. Absolute D. Relative Bad faith 73 Tis impose a dishonest purpose and conscious doing of a wrong. A. Ostensible act B. Hidden act C. Bad faith D. Bad act Cause 74 This is the essential reason for the contract. A. Effect B. Future effect C. Cause D. Motive False 75 As a general rule, lesion or inadequacy of cause shall invalidate a contract. A. True B. False Count-offer 76 This refers to qualified acceptance. A. Consent B. Policitation C. Counter-offer D. Option Reformation 77 This is a remedy in equity whereby a written instrument is made so as to conform to the real intention of the parties. A. Interpretation B. Reformation C. Formation D. All of the above Deceit 78 The following are vices of consent except: A. Violence B. Fraud C. Deceit D. Intimidation True 79 Annullable contract is valid and existent. A. True B. False
Mistake 80 This has been defined as misunderstanding of the
meaning of something. A. Wrong understanding B. Misunderstanding C. Mistake D. Fraud Ratification 81 It is defined as the actor means by virtue by which efficacy is given to a contract which suffers from a vice of a curable nullity. A. Ratification B. Annulment C. Perfection D. Voidable Rescission 82 The effect is external or extrinsic. A. Rescission B. Annulment C. Confirmation D. Ratification Annulment 83 The defect is intrinsic. A. Rescission B. Annulment C. Confirmation D. Ratification Ostensible 84 The act is the contract that the parties pretend to have executed. A. Hidden B. Ostensible C. Open D. Façade Absolute 85 In ____, there is a colorade contract but it has no simulation substance. A. Absolute simulation B. Relative simulation C. Hidden simulation D. All of the above Extraordinary 86 Those which are peculiar to a specific contract. A. Common B. Special C. Extraordinary D. Communes Special 87 These are present only in certain contracts. A. Common B. Special C. Extraordinary D. Communes Inexistent 88 Which of the following contract has no force and effect from the beginning? A. Inexistent B. Annullable C. Voidable D. All of the above Accion Pauliana 89 The action to rescind contract in fraud of creditors is known as ____. A. Rescission B. Accion C. Pauliana D. Accion pauliana Ward 90 A person, usually a minor who is under a guardian’s protection. A. Absentee B. Teen C. Young adult D. Ward Absentee 91 A person who disappears from his domicile, his whereabouts unknown. A. Missing person B. Escape C. Absentee D. Fugitive
Reformation 92 It is a remedy in equity whereby a written
instrument is made or construed whereas to express the real intention of the parties. A. Formation B. Reformation C. Interpretation D. Written agreement Cause 93 It is the essential reason which moves the contracting parties to enter to it. A. Cause B. Motive C. Consideration D. Profit Violence 94 This is present when in order to wrest consent, serious or irresistible force is employed. A. Intimidation B. Bad faith C. Interpretation D. Written agreement Intimidation 95 This is present when one of the contracting is compelled by a reasonable and well-grounded fear of an imminent upon his person or property. A. Intimidation B. Bad faith C. Bad influence D. Extraordinary intimidation Mistake of fact 96 There is ___ when one or both of the contracting parties believe that a fact exists when in reality it does not or vice versa. A. Mistake of law B. Mistake of fact C. Both A and B D. None of the above Simple mistake of 97 This shall give rise to its correction. account A. Simple mistake of account B. Complicated mistake of account C. Mistake D. All of the above Stubborn 98 The following are characteristics of consent except: A. Intelligent B. Free C. Spontaneous D. Stubborn Persons from jail 99 The following are persons incapacitated to give consent except: A. Minors B. Insane persons C. Demented persons D. Person from jail Count-offer 100 This refers to qualified acceptance. A. Count-offer B. Free-will C. Voluntary D. None of the above