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cpale - oct 2022 > RFBT > Flashcards

RFBT Flashcards

1
Q

Kind of obligation that is not based on positive law but on equity. Do not grant a right of action to enforce their performance.

A

Natural Obligations

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2
Q

All rights acquired in virtue of an obligation are transmissible. Except:

A
  1. strictly personal in nature
  2. by stipulation
  3. by provision of law
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3
Q

The judicial relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.

A

SOLUTIO INDEBITI

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4
Q

An act or omission punishable by law, governed by Revised Penal Code or other penal laws

A

Delict

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5
Q

What is included in civil liability?

A
  1. Restitution
  2. Reparation of the damage caused
  3. Indemnification for consequential damages
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6
Q

Proof necessary for criminal liability

A

proof beyond reasonable doubt

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7
Q

Proof necessary for civil liability

A

preponderance of evidence

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8
Q

What are the requisites for Quasi-Delicts?

A
  1. There must be an act or omission.
  2. There must be fault or negligence.
  3. There must be damage caused.
  4. There must be direct relation of cause and effect between the act or omission and the damage.
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9
Q

T or F. A plaintiff cannot recover damages twice for the same act or omission of the defendant.

A

TRUE

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10
Q

T or F. For an employer-employee relationship, the defense of diligence of a good father of a family is available for the employer’s subsidiary liability.

A

FALSE

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11
Q

Kind of condition where happening of which gives rise to the obligation.

A

Suspensive condition

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12
Q

Kind of condition where happening of which extinguishes the rights already existing.

A

Resolutory Condition

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13
Q

Kind of condition that depends on the will of the party to the juridical relation.

A

Potestative

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14
Q

Kind of condition that depends on chance

A

Casual

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15
Q

Kind of condition that partly depends on will of the party and partly depends on chance

A

Mixed Condition

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16
Q

In a Potestative condition, if the condition is dependent on the creditor, it is deemed void.

A

FALSE

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17
Q

In a Potestative condition, if the condition is dependent on the debtor, it is deemed void.

A

TRUE

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18
Q

What is the concept of Constructive or Presumed Fulfillment

A

The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.

19
Q

What is the effect of Impossible Conditions?

A

shall annul the obligation which depends upon them

20
Q

Effect when an impossible obligation is imposed in an obligation to do

A

the obligation and condition are treated as void

21
Q

Effect when an impossible condition is imposed in an obligation not to do

A

the condition can be disregarded and the the obligation remains

22
Q

Effect of fulfillment of conditions

A

Retroact to the day of the constitution of the obligation

23
Q

All of the following give rise to obligation without an agreement, except:
1. Law
2. Contract
3. Quasi-Contract
4. Quasi-Delict

A

B. Contract

24
Q

Which of the following is not a conditional obligation?
1. D will pay C P10,000, 15 days after the former’s graduation
2. D will pay C P10,000, as soon as his financial means permit him to do so
3. D will pay C P10,000, after passing the 2021 October CPALE
4. D will pay C P10,000, 10 days after he marries W

A

B

25
Q

If a driver hits a pedistrian because he was driving recklessly and was found criminally liable, the employer can raise the defense of a diligence of a good father against civil liability. T or F.

A

FALSE

The employer can be subsidiarily liable but cant raise the defense DGFF

26
Q

If a driver hits a pedistrian because he was driving recklessly and was found criminally liable, the employer can also be criminally liable. T or F.

A

FALSE

Only the driver is criminally liabile.

27
Q

W, X, Y, Z are solidarily indebted to C for P40,000. When C demanded payment from W, the latter refused claiming that X is a minor, Y’s share is already condones and that Z is insolvent. How much is W required to pay C?

A

P20,000

insolvency doesnt extinguish the debt

28
Q

The omission of that diligence required by the nature of the obligation and corresponds with the circumstance of the persons, of the time and place.

A

Culpa

negligence

29
Q

Is manager’s check considered as legal tender?

A

No

only currencies and coins

30
Q

Contract of sale between the guardian and his ward concerning the property of the latter.

What is the status of the contract?

A

Void

31
Q

Contract of lease between the executors and administrators and the estate concerning the property of the estate under the administration.

What is the status of the contract?

A

Void

32
Q

The following are real contracts which require the delivery for perfection, except:
1. Pledge
2. Mortage
3. Mutuum
4. Deposit

A

Mortgage

33
Q

T or F. Lease is a preparatory contract.

A

False

34
Q

T or F. Partnership id a preparatory contract.

A

True

35
Q

Deaf-mutes can validly give consent to a contract. T or F.

A

True

if able to read and write

36
Q

If the authority given to an agent to sell land is not in writing, the status of the contract is _____.

A

Void

37
Q

An action for annulment of a sale of land on the ground of fraud would precribe in 4 years from:

A

Registrration of Sale

38
Q

In a donation without specification as to object, the contract would be interpreted following the least transmission of rights. T or F.

A

True

39
Q

In a contract of sale, without specification as to object, the contract would be interpreted following the greatest reciprocity of interest. T or F.

A

True

compare with contract of donation

40
Q

If there is doubt as to the object itself, the status of the contract is _____.

A

Void

if doubt or error in the COC, contract is always void

41
Q

Who can institute the annulment of a contract?

A

the incapacitated, injure party, or the guradian thereof

42
Q

What is the difference between option money and earnest money?

A

Perfection of Sale

in earnest money, the sale is already perfected

43
Q

What is a contract to sell?

A

Where upon happening of a condition, the buyer will have the right to compel the seller to transfer the ownership via the execution of a deed of absolute sale.

44
Q

Any affirmation of fact or any promise by the seller relating to the thing, if the natural tendency of such affirmation or promise is to induce the buyer to purchase the same, and if the buyer purchased the thing relying thereon.

A

Express Warranty

cpale - oct 2022 (2 decks)

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