Professional Documents
Culture Documents
The duty not to recover what has voluntarily been paid although payment was no longer
Required
A. Civil obligation C. Moral obligation
B. Natural obligation D. Juridical obligation
2. Cannot be enforced by court action and depend exclusively upon the good conscience of
the
debtor. (general provision)
4. Specific performance may not be possible in this civil obligation (natural obligation)
5. A wife was about to deliver a child. Her parents brought her to the hospital. Who should
pay the expenses for medical attendance?
Answer 1 – The husband, because it is his duty to support his wife and support includes medical
attendance.
Answer 2 – The parents, because they were the persons who brought the “wife” to the hospital.
6. No longer enforceable by court action but is binding on the party who oblige with it in
conscience is
A. Civil obligation C. Moral obligation
B. Natural obligation D. Conditional obligation
8. When a right to sue upon a civil obligation has lapsed by extinctive prescription, the obligor
who voluntarily performs the contract CAN recover what he has delivered or the value of the
service he has rendered.
A. TRUE
B. FALSE
9. One acquires ownership and other real rights through the lapse of time in the manner and
under the conditions laid down by law.
A. Resolution
B. Restitution
C. Prescription
D. Public auction
10. D owes C the sum of P5,000.00 under a written contract. After 10 years, the debt of D
prescribes for failure of C to file the necessary action for the recovery of the same. If D
voluntarily pays C even though he knows of the prescriptive periods, can he recover the amount
he has paid?
A. No, he cannot because his debt has already been prescribed and according to article
1224, one who voluntarily performs the contract cannot recover what he has
delivered or the value of the service he has rendered after the lapse of the
prescriptive period.
B. Yes, he can because in the first place, the debt should not have been paid because it has
already been prescribed.
11. When without the knowledge or against the will of the debtor, a third person pays a debt
which the obligor is not legally bound to pay because the action thereon has prescribed, but the
debtor later voluntarily reimburses the third person, the obligor cannot recover what he has paid.
A. True
B. False
12. D is a debtor to C. Then, T pays C after the debt has prescribed without the knowledge or
consent of D, but D nevertheless reimburses T, can D recover what he has paid?
13. When a minor between eighteen and twenty one years of age who has entered into a contract
without the consent of the parent or guardian, after the annulment of the contract voluntarily
returns the whole thing or price received, notwithstanding the fact that he has not been benefited
thereby, the minor HAS NO right to demand the thing or price thus returned.
A. True
B. False
14. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority
commences at the age of 16 years.
A. TRUE
B. FALSE
15. S, a minor 18 years old, sold for P100,000.00 his car to B without securing the consent of his
parents. He lost P20,000.00 to a pickpocket although he was able to deposit the P80,000.00 in a
bank. If he voluntarily returns the whole amount, does he have the right to demand the return?
16. When a minor between eighteen and twenty-one years of age, who has entered into a contract
without the consent of the parent or guardian, voluntarily pays a sum of money or delivers a
fungible thing in fulfillment of the obligation, there shall be no right to recover the same from
the obligee who has spent or consumed it in good faith.
A. TRUE
B. FALSE
17. D, minor, in fulfillment of his obligation, delivers one sack of rice to C who consumed it in
good faith, few days later, D’s parents demanded the return of the rice on the ground D is still a
minor. Can D’s parents recover?
A. TRUE
B. FALSE
19. Koro-sensei, a debtor, failed to pay his obligation, therefore he is sued by the creditor Nagisa
but Koro sensei has won it. Notwithstanding this fact, Koro-sensei voluntarily performs his
obligation, can he demand the return of what he has delivered or performed?
A. No, because one he voluntarily paid his obligation though he won it.
B. Yes, based on unjust enrichment.
20. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of
the property which he received by will or by the law of intestacy from the estate of the deceased,
the payment is valid and cannot be rescinded by the payer.
A. True
B. False
21. The heir is personally liable beyond the value of the property he received from the decedent.
A. TRUE
B. FALSE
22. Timothee Chalamet is the heir of the couple Eliot and Oliver. After the decedent died, all of
the assets has been transferred to him, however he has been also left with debts. Therefore,
timothee paid their debts. Even though he knew that the debt exceeded the value he inherited, he
nevertheless insisted to pay the difference. Can Timothee recover what he has paid?
23. It is the act of disposition by the testator in separating from the inheritance for definite
purposes, things, rights, or a definite portion of his property
A. Legacy
B. Remedy
C. Reformation
D. Restitution
24. When a will is declared void because it has not been executed in accordance with the
formalities required by law, but one of the intestate heirs, after the settlement of the debts of the
deceased, pays a legacy in compliance with a clause in the defective will, the payment is
effective and irrevocable.
A. TRUE
B. FALSE
25. If a will is disallowed for non-compliance with the formalities prescribed by law the legacy
made in the will is binding.
A. True
B. False
26. Emma had died without a will, and, therefore, her intestate heir, George is not legally
required to pay the legacy. However, despite knowing this fact, he still pays the legacy, is the
payment effective and irrevocable?
A. YES
B. NO
a. Civil obligation
b. Moral obligation
c. Natural obligation
d. Social obligation
28.