JIM PETERICK G.

SISON
QUIZ – CIVIL LAW REVIEW II
April 10, 2021

1. Define obligation under Art. 1156 of the Civil Code.

- It is a juridical necessity to give, to do or not to do.

2. Give the five (5) sources of obligations.

a. Law;

b. Contracts;

c. Quasi-contracts;

d. Acts or omissions punished by law;

e. Quasi-delicts.

3. A was obliged to give his Honda car to B on March 27, 2021. On March 27, 2021, B made a
demand on A to deliver the car. Thereafter, on April 2, 2021, the car was destroyed by a forfuitous
event. What is the liability of A for non-delivery of the car? Please explain.

A is liable for the non-delivery of the car to B.

Under the law, If the obligor delays, or has promised to deliver the same thing to two or more persons
who do not have the same interest, he shall be responsible for fortuitous event until he has effected the
delivery.

In the problem given, A, the obligor was in delay and the car was destroyed by a fortuitous event.
Therefore, A is liable for the non-delivery of the car to B.

4. Give the three (3) exceptions to the rule that demand is necessary to place a debtor in default.

a. When the law so provides.

b. When the obligation expressly so provides.

c. When time is of the essence of the contract.

5. Give the three (3) different kinds of mora or default and define each.

a. mora solvendi (default on the part of the debtor)

b. mora accipiendi (default on the part of the creditor)

c. compensatio morae (when in a reciprocal obligation both parties are in default; here it is as if neither is
in default).

6. Give the distinctions between culpa contractual, culpa aquiliana and culpa criminal as to the
following:
a. pre-existing obligation

culpa contractual- There is a pre-existing obligation (a contract,either express orimplied).

culpa aquiliana - No pre-existing obligation (except of course the duty to be careful in all human
actuations).

culpa criminal- No pre-existing obligation (except the duty never to harm others).

b. proof needed

culpa contractual- preponderance of evidence.

culpa aquiliana - preponderance of evidence.

culpa criminal- proof of guilt beyond reasonable doubt.

c. defense of a good father of the family in the selection/supervision of employees

culpa contractual- defense of “good father of a family” in the selection and supervision of employees is not
a proper complete defense (though this may MITIGATE damages). Here we follow the rule of command
responsibility or the master servant rule.

culpa aquiliana - defense of “good father of the family” is a proper and complete defense (insofar as
employers or guardians are concerned).

culpa criminal- defense of “good father of the family is not a proper defense in culpa criminal. Here the
employee’s guilt is automatically the employer’s civil guilt, if the former is insolvent.

7. Give the general rule for liability for forfuitous events and the three (3) exceptions under Art.
1174 of the Civil Code.

General Rule: No liability for fortuitous events

Exceptions: a. when expressly declared by the law

b. when expressly declared by STIPULATION OR CONTRACT

c. when the NATURE of the obligation requires the assumption of risk

(doctrine of CREATED RISK)

8. Give the two (2) obligations which are demandable at once.

a. Pure obligation – one whose performance does not depend upon a future or uncertain event or upon a
past event unknown to the parties (without a condition or term).

b. Obligation with a resolutory condition.

9. Define obligation with a suspensive condition and an obligation with a resolutory condition.

a. Suspensive condition- the happening of which will give rise to the acquisition of a right.

b. Resolutory condition- when the condition is fulfilled, rights already acquired are lost.

10. Give the legal effects of the following obligations:

a. when the debtor binds himself to pay when his means permit him to do so- the obligation shall be
deemed to be one with a period, subject to the provisions of Art. 1197

b. when the fulfillment of the condition depends upon the sole will of the debtor- the conditional obligation
shall be void.

c. when the fulfillment of the condition depends on chance or the will of a third person - the obligation
shall take effect in conformity with the provisions of this Code.

d. impossible conditions, those contrary to good customs, public policy and those prohibited by law- it
shall annul the obligation which depends upon them.

11. Identify what kind of conditional obligations are the following:

a. A. will B his car when B shall pass the bar in 2022.- suspensive condition

b. A will give B his SUV now, but he will get it back if B marries his present girlfriend.- resolutory condition