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The function of a complaint is to give the defendant notice of the nature and basis for

the ____.
B 1 a. right
b. claim
c. action
d. contract
A 2 It is the efficient cause established by the various sources of obligations
a. Legal tie
b. Prestation
c. Object
d. Conduct
A 3 As a general rule, it is not a source of a legally demandable or enforceable right
a. Custom
b. Legislations
c. Judicial precedents
d. Constitutions
C 4 Covers the period from the time the prospective contracting parties indicate their
interest in the contract to the time the contract is concluded
a. Perfection
b. Consummation
c. Negotiation
d. Termination
B 5 The party who brings a civil suit in a court of law
a. Surety
b. Plaintiff
c. Guarantor
d. Defendant
B 6 It is considered as civil negligence
a. Culpa Criminal
b. Culpa Aquiliana
c. Culpa Criminal
d. Culpa Delicto
D 7 It requires preponderance of evidence
a. Delict
b. Contract
c. Quasi-contract
d. Quasi-delict
A 8 It requires preponderance of evidence
a. Delict
b. Contract
c. Quasi-contract
d. Quasi-delict
C 9 Civil obligations arising from criminal offenses shall be governed by the ____
a. Special laws
b. Judicial precedents
c. Penal laws
d. Customs
D 10 It is that cause, which, in natural and continuous sequence unbroken by any efficient
intervening cause, produces the injury and without which the result would not have
a. Approximate cause
b. Conventional cause
c. Legal cause
d. Proximate cause
C 11 An obligation to pay money is ____
a. voluntary
b. involuntary
c. generic
d. real
B 12 He has the rights to the fruits of the thing from the time the obligation to deliver it
a. Obligor
b. Creditor
c. Debtor
d. Guarantor
B 13 The act of giving real and immediate possession to the buyer or the buyer’s agent.
a. Contractual Delivery
b. Actual Delivery
c. Constructive Delivery
d. Delivery
C 14 They are to be performed simultaneously, so that the performance of one is conditioned
upon the simultaneous fulfillment of the other.
a. Possible obligations
b. Unilateral obligations
c. Reciprocal obligations
d. Impossible obligations
C 15 Delay on the part of the debtor in an obligation to give
a. Mora Accipiendi
b. Mora Solvendi ex persona
c. Mora Solvendi ex re
d. Compensatio Morae
C 16 This arises due to fortuitous events which will make the debtor be exempted from
a. Simple breach
b. Voluntary breach
c. Involuntary breach
d. Partial breach
A 17 He is liable for the loss of the thing through fortuitous event if he uses the thing
without the depositor’s permission
a. Depositary
b. Officious manager
c. Bailee
d. Agent
B 18 Usurious transactions shall be governed by ___
a. criminal laws
b. special laws
c. labor laws
d. penal laws
C 19 Exercise all the rights and actions of the debtor, save those personal to him
a. accion pauliana
b. culpa aquiliana
c. accion subrogatoria
d. culpa criminal
C 20 A legal inference or assumption that a fact exists, based on the known or proven
existence of some other fact or group of facts.
a. Rights
c. Presumption
d. Action
B 21 The following are primary classification of obligations, except.
a. conditional obligation
b. determinate obligation
c. divisible obligation
d. alternative obligation
C 22 If the fulfillment of a potestative condition depends exclusively upon the will of the
debtor, the conditional obligation shall be ___.
a. inexistent
b. void
c. valid
d. unenforceable
B 23 These are conditions that annul the obligation which depends upon them.
a. possible condition
b. impossible condition
c. potestative condition
d. casual condition
D 24 The following are examples of accidental elements of a contract, except.
a. Conditions
b. Terms
c. Modes
d. Presentation
B 25 These are obligations that are usually gratuitous and has no retroactive effects.
a. Real Obligations
b. Unilateral Obligations
c. Personal Obligations
d. Reciprocal Obligations
B 26 Creates the obligation to return the object of the contract.
a. novation
b. rescission
c. condonation
d. payment
C 27 the following are kinds of term or period, except.
a. Ex die
b. In diem
c. Divisible
d. Legal
A 28 This is a sign of bad faith because the debtor intends to evade his obligation.
a. attempt to abscond
b. attempt to destroy
c. attempt to demand
d. attempt to stipulate
C 29 Once the selection has been communicated, it becomes ____
a. voidable
b. Revocable
c. Irrevocable
d. unenforceable
B 30 It refers to the juridical tie or legal tie or vinculum juris.
a. indivisibility
b. solidarity
c. jointly
d. visibility
C 31 It refers to an agreement whereunder one person, the surety, engages to be answerable
for the debt, default, or miscarriage of another.
a. Bilateral Contract
b. Nominate Contract
c. Suretyship contract
d. Onerous Contract
D 32 He is considered in law to be on the same footing as the principal debtor in relation to
whatever adjudged against the latter.
a. creditor
b. manager
c. principal
d. surety
A 33 Real actions over immovables prescribe after ____.
a. 30 years
b. 20 years
c. 10 years
d. 5 years
B 34 Remission or condonation is an act of ____.
a. diligence
b. liberality
c. reimbursement
d. man
D 35 It is attached to an obligation in order to secure its performance.
a. conditions
b. provision
c. contract
d. penal clause
B 36 These are the very heart and life of every compromise agreements.
a. Reciprocal confessions
b. Reciprocal concessions
c. Bilateral confessions
d. Unilateral concessions
D 37 He has the burden of showing with legal certainty that the obligation, has been
discharged by payment.
a. Creditor
b. Agent
c. Principal
d. Debtor
A 38 It is a documentary record of a business transactions
a. Voucher
b. Receipt
c. Invoice
d. Journals
C 39 He may be entitled to recover the full amount that he had paid for another’s debt.
a. Consignee
b. Creditor
c. Third person
d. Principal
A 40 This is issued to enforce judgment that has already become final and executory
a. Final attachment
b. Preliminary attachment
c. Final injunction
d. Preliminary injunction
A 41 It is included in the judgment as the relief or part of the relief granted s a result of
the action.
a. Final injunction
b. Preliminary attachment
c. Final attachment
d. Preliminary injunction
A 42 Dation in payment shall be governed by the law on ___
a. Sales
b. Contracts
c. Commodatum
d. Deposits
C 43 These are the costs that will be governed by Rules of court
a. Dismantling costs
b. Extrajudicial costs
c. Judicial costs
d. Directly attributable costs
D 44 It is the antecedent of consignation
a. Novation
b. Dation in payment
c. Payment by cession
d. Tender
A 45 He is released when prestation becomes physically or legally impossible
a. debtor
b. creditor
c. consignor
d. obligee
D 46 The cause of consideration for the remission of debt must be ___
a. Ordinary
b. Casual
c. Onerous
d. Gratuitous
C 47 A kind of remission that will take effect upon the death of the donor
a. Inter vivos
b. Modificatory
c. Mortis causa
d. Implied
B 48 There must be atleast two obligations
a. Confusion
b. Compensation
c. Novation
d. Condonation
D 49 He may set up compensation as regards what the creditor may owe the principal debtor
a. Consignor
b. Surety
c. Guarantee
d. Guarantor
D 50 It refers to the same right which passes from one person to another
a. Subrogation
b. Novation
c. Substitution
d. Assignment