Professional Documents
Culture Documents
1. When two persons in their own right are creditors and debtors of each other
a. Confusion b. Compensation c. Novation d. Condonation
2. This is not necessary in order that compensation may prosper
a. That the two debts are both due
b. That the two debts be liquidated and demandable
c. That the be a retention or controversy commenced by third persons and
communicated in due time to the debtor
d. Both debts consists in a sum of money, or if the things due are consumable,
they be of the same kind, and also of the same quality if the latter has been
stated
3. The substitution or change of an obligation by another, which extinguishes or
modifies the first
a. Confusion b. Compensation c. Novation d. Consignation
4. Novation which changes the object or the principal condition of the obligation
a. Real
b. Personal
c. Mixed
d. Partial
5. Expromission, delegacion or subrogating a third person in the right of the creditor
a. Real
b. Personal
c. Mixed
d. Partial
6. Novation which changes the object and parties of the obligation
a. Real
b. Personal
c. Mixed
d. Partial
7. Substitution of debtor where the initiative comes from a third person
a. Delegacion
b. Expromission
c. Subrogation
d. Novation
8. Substitution of a debtor where the initiative comes from the debtor
a. Delegacion
b. Expromission
c. Subrogation
d. Novation
9. The transfer to a third person of all the rights appertaining to the creditor
a. Delegacion
b. Expromission
c. Subrogation
d. Novation
10.Legal subrogation is presumed in the following. Which is not correct?
a. When a third person, not interested in the obligation, pays with the approval
of the creditor
b. When a creditor pays another creditor who preferred, even without the
debtors knowledge
c. When a third person, not interested in the obligation, pays with the express
or tacit approval of the debtor
d. When, even without the knowledge of the debtor, a person interested in the
fulfillment of the obligation pays, without prejudice to the effects of confusion
as the latters share.
11.A owes B P10,000 with C as a guarantor, A paid P4,000 leaving P6,000 unpaid
balance. D without knowledge of A, paid B the sum of P10,000. As a result of this
payment.
a. The obligation is not extinguished as the payment is without the consent of A.
b. The obligation is extinguished but D cannot recover from A instead he should
go after the guarantor.
c. Thee obligation is extinguished but D can recover only P6,000 from A and if A
cannot pay, D should demand payment from C.
d. The obligation is extinguished, but D cannot recover P10,000 but only P6,000
from A and if A cannot pay, he cannot go after C.
12.A has two creditors, B and C. B is a mortgage creditor for P20,000, and C is an
ordinary creditor for P10,000. C paid As debt of P20,000 to B.
1st statement If Cs payment is with As knowledge, C will subrogated in the rights
of B.
2nd statement If Cs payment is without As knowledge, C will not be subrogated in
the rights of B.
a. True, true b. True, false c. False, true d. False, false
13.I. In delegacion, the insolvency of the new debtor will not revive the original
debtors obligation
II. In expromission, the insolvency of the new debtor may at times revive the
original debtors obligation
a. True, true b. True, false c. False, true d. False, false
14.A deposited with B 100 cavans of palay at P10,000. A however, is indebted to B for
P10,000 which is already due. When A is withdrawing the palay. B refuses to deliver,
claiming compensation. Is B correct?
39.If one party was mistaken and the other acted fraudulently or inequitably is such a
way that the instrument does not show their true intention, which one of the
following is correct/
a. The former may ask for reformation
b. The latter may ask reformation
c. Either the former or the latter may ask for reformation
d. The former may ask for annulment
40.Although validly agreed upon, courts can nullify this contract because of damage to
one of the parties or to a third person and its enforcement may cause injustice by
reasons of some externals facts
a. Rescissible contracts
c. Unenforceable contracts
b. Voidable contracts
d. Void contract
41.If mistake, fraud, accident or inequitable conduct has prevented a meeting of the
minds of the parties to a contract, the proper remedy is
a. Ratify the contract
c. Annulment of the contract
b. Ask for specific performance
d. Reformation of the contract
42.A stipulation in favor of a third person
a. Stipulation pour aurtrui
c. Assignment of credit
b. Interest rate
d. Pactum commissorium
43.Acceptance of an offer made by letter or telegram shall bind the offeror. From the
time the
a. Offeree accepted the offer
c. Acceptance came to knowledge of
the offeror
b. Offeree sent his letter or telegram d. Offeror made the offer
44.A contract where consent is given through mistake , violence, intimidation, undue
influence of fraud is
a. Rescissible
b. Voidable
c. Unenforceable
d.
Void
45.When in order to wrest consent, serious or irresistible employed, there is
a. Violence
b. Mistake
c. Intimidation
d.
Fraud
46.When one of the contracting parties is compelled by a reasonable and wellgrounded fear of an imminent and grave evil upon his person or property, upon or
the person or property of his spouse, descendants or ascendants to give his
consent, there is
a. Violence
b. Mistake
c. Intimidation
d.
Undue
influence
47.When through insidious words or machinations of one of the contracting parties, the
other is induced to enter into contract which, without them he would not have
agreed, there is
a. Fraud
b. Mistake
c. Intimidation
d.
Undue
influence
48.The process of intentionally deceiving others by producing the appearance of a
contract that really does not exist
a. Absolute simulation
b. Relative simulation
c. Fraud
d.
Misrepresentation
49.The process of intentionally deceiving others by producing the appearance of a
contract which is different from the true agreement
a. Absolute simulation
b. Relative simulation
c. Fraud
d.
Misrepresentation
50. Statement No. 1: In novation by expromission, there can be a revival of the
obligation if the new debtor turns out to be insolvent, and such insolvency is of
public knowledge.
Statement No. 2: A debtor paying a natural obligation to and in favor of a creditor
by mistake can still recover the same from the latter.
a.
b.
c.
d.
54.An obligation where various prestations are due but the performance of all of them is
required in order to extinguish the obligation is known as:
a Alternative obligation
c Conjunctive obligation
.
.
b Facultative obligation
d Simple obligation
.
.
55.Which of the following contacts is rescissible?
a
.
b
.
c
.
d
.
56.A, B, C and D, joint debtors, are obliged to give V, W, X, Y and Z, solidary creditors, P
20,000.00
a V may collect from B P 20,000
c V may collect from B P 5,000
.
.
b V may collect from B P 4,000
d V may collect from B P 1,000
.
.
57. A statutory grant which confers to an inventor or his legal successor, in return for the
disclosure of the invention to the public, the right for a limited period of time to exclude
others from making, using, selling or importing the invention within the territory of the
country that grants it
a. copyright
b. patent c. trademark
d. infringement
58.Any visible sign capable of distinguishing the goods or services of an enterprise..
a. copyright
b. patent c. trademark
d. infringement
59.A right over literary and artistic works which are original intellectual creations in the
literary and artistic domain protected from the moment of creation.
a. copyright
b. patent c. trademark
d. infringement
60.All of them below are non-patentable except one. What is it?
a. Discoveries, scientific theories and mathematical methods c. Industrial design
b.
body
Aesthetic creations