Chapter 3 : Nature/Effects Flashcards
True or False
Accessions are those which have for their object the embellishment, use or preservation of another thing which is more important.
False
True or False
Legal Delay is the failure to perform an obligation on time.
False
True or False
The waiver must not be contrary to public interest and public order.
True
True or False
Mora solvendi is a delay in the fulfillment of an obligation, by reason of a cause imputable to the debtor.
True
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.
True
True or False
The parties cannot stipulate as to the transmissibility of rights acquired by reason of obligation.
False
True or False
Ordinary Delay is the failure to perform an obligation on time which constitutes a breach of obligation.
False
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
d. Fuerza Mayor
The following are grounds for damages except:
a. Fraud or Dolo
b. Negligence
c. Contravention of term of the agreement
d. Accident
d. Accident
It is derived by virtue of a juridical relation.
a. Industrial Fruits
b. Penal Fruits
c. Natural Fruits
d. Civil Fruits
d. Civil Fruits
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
a. True, True
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
b. Act of God
A constructive delivery by short hand.
a. Traditio brevi manu
b. Traditio longa manu
c. Traditio simbolica
d. Traditio constitutum possessiorium
a. Traditio brevi manu
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
a. Rescission
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
c. the event could not be foreseen, or if foreseen, is not inevitable
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
d. Time is the controlling motive
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
a. Accion Pauliana
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
a. Reciprocal obligation
It is a remedy to recover a better right to possess.
a. Accion Publiciana
b. Accion Pauliana
c. Accion Subrogatoria
d. Accion Reinvindicatoria
a. Accion Publiciana
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
c. Fraud
The following are kinds of damages, except:
a. Litigated
b. Nominal
c. Compensatory
d. Liquidated
a. Litigated
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
d. True, False
