Chapter 3 : Nature/Effects

Question 1

True or False

Accessions are those which have for their object the embellishment, use or preservation of another thing which is more important.

Answer 1

False

Question 2

True or False

Legal Delay is the failure to perform an obligation on time.

Answer 2

False

Question 3

True or False

The waiver must not be contrary to public interest and public order.

Answer 3

True

Question 4

True or False

Mora solvendi is a delay in the fulfillment of an obligation, by reason of a cause imputable to the debtor.

Answer 4

True

Question 5

True or False

Demand by the creditor shall not be necessary to hold the debtor in delay when time is of the essence of the obligation.

Answer 5

True

Question 6

True or False

The parties cannot stipulate as to the transmissibility of rights acquired by reason of obligation.

Answer 6

False

Question 7

True or False

Ordinary Delay is the failure to perform an obligation on time which constitutes a breach of obligation.

Answer 7

False

Question 8

Are those which arise from legitimate or illegitimate acts of persons other than the obligor.

a. Accident
b. Act of God
c. Negligence of third person
d. Fuerza Mayor

Answer 8

d. Fuerza Mayor

Question 9

The following are grounds for damages except:

a. Fraud or Dolo
b. Negligence
c. Contravention of term of the agreement
d. Accident

Answer 9

d. Accident

Question 10

It is derived by virtue of a juridical relation.

a. Industrial Fruits
b. Penal Fruits
c. Natural Fruits
d. Civil Fruits

Answer 10

d. Civil Fruits

Question 11

I. Action for past fraud may be waived.

II. The waiver must not be contrary to public interest and public order

a. True, True
b. False, True
c. False, False
d. True, False

Answer 11

a. True, True

Question 12

That which is independent of any human intervention. Brought about by natural forces.

a. Accident
b. Act of God
c. Act of Human
d. Negligence of third person

Answer 12

b. Act of God

Question 13

A constructive delivery by short hand.

a. Traditio brevi manu
b. Traditio longa manu
c. Traditio simbolica
d. Traditio constitutum possessiorium

Answer 13

a. Traditio brevi manu

Question 14

When the thing deteriorates with the debtor’s fault, the creditor may choose one of the following:

a. Rescission
b. Condone the obligation
c. Suffer the deterioration
d. Mutual Restitution

Answer 14

a. Rescission

Question 15

Which of the following is not a requisite of a fortuitous event?

a. the event must be independent of the human will
b. the obligor must be free of participation in, or aggravation of, the injury to the creditor
c. the event could not be foreseen, or if foreseen, is not inevitable
d. the occurrence must render it impossible for the debtor to fulfill the obligation in a normal manner

Answer 15

c. the event could not be foreseen, or if foreseen, is not inevitable

Question 16

Demand is not necessary to incur in delay when:

a. If the obligation bears interest
b. The debtor is guilty of non-performance
c. Creditor refuses the performance without just cause
d. Time is the controlling motive

Answer 16

d. Time is the controlling motive

Question 17

Creditor has the right to impugn or attack the acts of the debtor to defraud him by RESCINDING the contracts entered by the debtor to defeat the creditors rights.

a. Accion Pauliana
b. Subrogation
c. Accion Publiciana
d. Accion Reinvindicatoria

Answer 17

a. Accion Pauliana

Question 18

The fulfillment of an obligation by one party depends upon the fulfillment of the obligation by both parties in simultaneous.

a. Reciprocal obligation
b. Unilateral obligation
c. Indebtedness
d. Simultaneous obligation

Answer 18

a. Reciprocal obligation

Question 19

It is a remedy to recover a better right to possess.

a. Accion Publiciana
b. Accion Pauliana
c. Accion Subrogatoria
d. Accion Reinvindicatoria

Answer 19

a. Accion Publiciana

Question 20

False representation of a matter of fact/whether by words or conduct/by false or misleading allegations/or by concealment of that which has been disclosed/. which deceives and intends to deceive another so that he shall act upon it to his legal injury.

a. Fault
b. Diligence
c. Fraud
d. Negligence

Answer 20

c. Fraud

Question 21

The following are kinds of damages, except:

a. Litigated
b. Nominal
c. Compensatory
d. Liquidated

Answer 21

a. Litigated

Question 22

I. The obligation is extinguished unless the object is an indeterminate or generic thing.

II. Obligor is liable for damages

a. False, True
b. False, False
c. True, True
d. True, False

Answer 22

d. True, False