Quiz 2: Nature and Effects of Obligations

1. Are those which arise from the same cause, and which each party is a debtor and a
creditor of the other, such that the obligations of one is dependent upon the obligation of
the other? Reciprocal obligation
2. I. In compensatio morae, the parties cancel out the effects of default, such that it is as if
no one is guilty of delay.
II. In reciprocal obligations, as in a contract of sale, the general rule is that the fulfillment
of the parties’ respective obligations should be simultaneous.
Both are true
3. A thing is determinate when it is particularly designated or physically segregated from all
other of the same class. Specific thing
4. It is the power of one person to demand of another, as a definite passive subject, the
fulfillment of a prestation to give, to do, or not to do. Personal right
5. I. When the plaintiff’s own negligence was not the immediate and proximate cause of his
injury, he cannot recover damages.
II. If the plaintiff’s negligence was only contributory, the immediate and proximate cause
of the injury being the defendant’s lack of due care, the plaintiff may recover damages,
but the courts shall mitigate the damages to be awarded.
Only II is true
6. The highest degree of diligence is expected, and high standards of integrity and
performance are required of the banking business.
II. The degree of diligence required of banks is more than that of a good father of a
family.
Both are true
7. If a person obliged to do something fails to do it, the same shall be executed at his cost.
II. The same rule shall be observed if he does it in contravention of the tenor of the
obligation.
Both are true
8. In the following instances, demand is not necessary, except: In unilateral obligation.
9. These are the rents of buildings, the price of leases of lands and other property and the
amount of perpetual or life annuities or other similar income. Civil fruits
10. Under Article 1164, the creditor has a right to the fruits of the thing from the time the
obligation to deliver the thing arises.
11. Extreme care that a person of unusual prudence exercise to secure rights or property.
Extraordinary diligence
12. I. When an employee causes damage due to his own negligence while performing his
own duties, there arises the presumption that his employer is negligent, rebuttable only by
proof of observance of the extraordinary diligence.
II. In the selection of prospective employees, employers are required to examine their
employees as t their qualifications, experience and service records.
 Only II is true
13. It signifies all of those things which are produced by the thing which is the object of the
obligation as well as all of those which are naturally or artificially attached thereto.
Accessions
14. Default on the part of both parties because neither has completed their part in their
reciprocal obligation. Compensatio morae
15. These are produced by lands of any kind through cultivation or labor. Industrial fruits
16. When the amount is known or is determinable by inspection of the terms and conditions
of the relevant promissory notes and related documents. Debt is liquidated
17. It is the power belonging to a person over a specific thing, without a passive subject
individually determined, against whom such right may be personally exercised. Real
right
18. When does delay begins? Delay begins from the time the obligee judicially or
extrajudicially demands from the obligor the performance of the obligation.
19. Unless the law or stipulation of the parties requires another standard of care, the
obligation to give a thing carries with it the obligation to take care of it with Diligence of
a good father of a family
20. Delay of the oblige or creditor to accept the delivery of the thing which is the object of
the obligation. Mora accipiendi
21. The following statements explain negligence, except: It is expected from, and
ordinarily exercised by, a person who seeks to satisfy a legal requirement or to
discharge an obligation.
22. I. When what is to be delivered is a generic thing, the creditor may compel the debtor to
make the delivery.
II. If the thing to be delivered is a determinate thing, the creditor may ask that the
obligation be complied with at the expense of the debtor.
Both are false
23. Under Article 1163, unless the law or the stipulation of the parties requires another
standard of care, every person obliged to give something is also obliged to take care of it
with diligence of a good father of a family
24. It signifies all of those things which have for their object the embellishment, use or
preservation of another thing which is more important and to which they are not
incorporated or attached. Accessories
25. I. Mere delinquency in payment does not necessarily mean delay in the legal concept.
II. Default generally begins from the moment the creditor demands the performance of
the obligation.
Both are true
26. Which of the following is not an obligation of the debtor in specific real obligation? To
take care of the thing extraordinary diligence.
27. Which of the following is not a right of the debtor in generic real obligation? To compel
specific performances.
28. I. If the object of obligation is a generic thing, the loss or destruction of anything of the
same kind even without the debtor’s fault and before he has incurred in delay will not
have the effect of extinguishing the obligation.
II. An obligation to pay money is generic.
Both are true
29. These are the spontaneous products of the soil, and the young and other products of
animal. Natural fruits
30. Delay in the fulfillment of an obligation by reason of a cause imputable to the debtor.
Mora solvendi