QUESTIONS; CHOICES ANS;

1. Personal obligations refer to the prestation to do or not to do. T/F True

2. Real obligations pertain to the prestation to give. T/F True
3. Under real obligations, the object may be determinate, generic or limited generic T/F True
4. Real right is jus ad rem, or a right enforceable only against a definite person or group of persons T/F False
5. Real right is jus in re or a right enforceable against the whole world T/F True

6. Personal right is a right pertaining to the person to demand from another, as a definite passive subject T/F True
7. Nick bound himself to deliver to you his only dog tomorrow. What kind of obligation is involve here MC Real obligation
(Specific thing)
8. Blake obliged himself to deliver a pig on John’s birthday. What kind of obligation is involve here MC Real obligation
(Generic thing)
9. A and B agreed not to build any structure on the boundaries of their properties. What kind of obligation is MC Negative Personal
involve here Obligation (not to
do)
10. The following are the different kinds of breach of obligations where in damages is demandable, except; MC Fraud,
Negligence,
Delay,
Contravene the
tenor

11. It refers in the delay in the fulfillment of the obligations with respect to time MC Default (mora)
12. It refers to conscious and intentional proposition to evade the normal fulfillment of an obligation MC Fraud (dolo)
13. It refers to any voluntary act or omission, there being no malice which prevents the normal fulfillment of MC Negligence
an obligation (culpa)
14. It includes not only any illicit act which impairs the strict and faithful fulfillment of the obligation, but also MC Contravene the
every kind of defective performance tenor
15. It refers to the delay of the debtor to perform his obligation. It may be ex re, when obligation is to give; or MC Mora solvendi
ex persona when obligation is to do.

16. It refers to the delay of the creditor in accepting delivery of the thing which is the object of the obligation. MC Mora accipiendi
17. It refers to delay of the parties or obligators in reciprocal obligations MC Compensatio
morae
18. Mora refers to delay of the parties or obligators in reciprocal obligations T/F False
19. It refers to fraud in obtaining consent MC Causal fraud
(dolo causante)
20. When is negligence equivalent to fraud? MC When there is
Gross negligence

21. The delay of the obligor cancels the delay of the obligee and vice versa. There is no actionable default on T/F True
the part of both parties.
22. The general rule is in case of unilateral obligation, demand is necessary. Thus, no demand – no delay. T/F True
23. Future fraud may be waived T/F False
24. Future fraud cannot be waived because it is contrary to law and public policy. T/F True
25. In Culpa contractual, the fault or negligence of obligor by virtue of which he is unable to perform his T/F True
obligation, arising from a pre-existing contract.

26. It is an event which could not be foreseen, or which, though foreseen, was inevitable. MC Fortuitous event
27. The following are requisites of fortuitous event except; MC --------
28. It refers to situations in which the obligor, with full knowledge of the risk enters into some relation with MC Doctrine of
the obligee Created Risk
29. It refers to fault or negligence which results in the commission of a crime MC Criminal
Negligence
30. Receipt of the principal ( or later installment ) without reservation as to the interest (or prior installment) T/F True
shall give rise to a disputable presumption that the interest (or prior installment) has been paid.

QUESTIONS; CHOICES ANS;

31. It refers to the right to be subrogated to all the rights and actions of the debtor save those which are MC Accion
inherent in the person of the debtor . subrogatoria
32. It is an action to impugn all the acts which the debtor may have done to defraud them by means of MC Accion pauliana
rescissory action at the instance of the creditor who is prejudiced.
33. Rights acquired by virtue of an obligation are generally transmissible in character T/F True
34. As a general rule, there is no liability for damages in case of fortuitous event T/F True
35. Waiver of past fraud is valid. It can be deemed an act of generosity. T/F True

36. Dolo means fraud T/F True

37. Mora means default. T/F True
38. Dolo implies some kind of malice or dishonesty and cannot cover cases of mistakes and errors in T/F True
judgement made in good faith.
39. Mere reminder is not a demand because for all that we know, lateness may still be tolerated by the T/F True
creditor.
40.Delay in the performance of the obligation must be either malicious or negligent for damages to be T/F True
demandable

41. Rowan promised to give his dog named “max” to Alan to be delivered on February 14, 2022. Supposed on MC No, because as a
February 14, 2022, Rowan did not deliver Max to Alan and the latter also did not demand delivery of said general rule no
dog, Is Rowan liable? demand – no
delay
(Rowan is not yet
in delay)
42. Annual income taxes for individuals earning income purely from business or profession are paid on or MC Yes, because
before April 15 of each year. Supposed Rowan, a business did not pay his income taxes last year since the BIR payment of taxes
did not demand payment. Is Rowan liable? (law provides)