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true The debtor’s right to apply payment is mandatory.

True In compensation, there must be two persons, who, in their own right, are
creditors and debtors of each other
True If a person obliged to do it, the same shall be executed at his cost

True Bad faith imports a dishonest purpose and conscious doing wrong
False The rule is that the creditor is bound to accept payment by a third party---not
bound
true In compensation, there must be at least two obligation
true In payment by cession, what is ceded by the universality of all his property.
true When what is to be delivered is a generic thing, the creditor may compel the
debtor to make the delivery of the determinate thing from among the genus
True Dolo incidente is a fraud which induces a party to enter into a contract
true In its modern concept, what actually takes place in dacio e pago is an
objective novation of the obligation
true In fraud, liability cannot be mitigated by courts
true Compensation may be total or partial. When the two debts are of the same
amount there is a partial compensation.
true In solidary obligation, if the confusion takes place in one of the solidary
debtors, the entire obligation is extinguished
true A contract of lease is generally transmissible to the heirs of the lessor or
lessee.
false Fraud need not be established by clear and convincing evidence.
false It is presumed that a person driving a motor vehicle has not been negligent if
at the time of the mishap , he was violating any traffic regulation.
true Generally, once the minds of the contracting parties meet, a valid contract
exists, whether it is reduced to writing or not.
true Novation is never presumed and the animus novandi must appear by express
agreement of the parties, or by their acts that are too clear and unmistakable.
true Among contracts which are transmissible are those which are purely
personal, either by provision of law, such as in cases of partnership and
agency ,or by the very nature of the obligation arising therefrom, such as
those requiring special personal qualifications of the obligor.
true When the plaintiff ‘s own negligence was the immediate and proximate cause
of his injury , he cannot recover damages.
true If the consignation having been made , the creditor should authorize the
debtor to withdraw the same, he shall lose every preference which he may
have over the thing
true In culpa Aquiliana, the negligence of the defendant ,must be proved.
false In dacio en pago , the debtor offers cash to the creditor who accepts it as
equivalent of payment of an outstanding debt.
false Tender pf payment may be judicial, while consignation is necessarily
extrajudicial , and the priority of the first is the attempt to make a private
settlement before proceeding to the solemnities of consignation.
true It is basic that there can be contract in the true sense in the absence of the
element of agreement, or of mutual assent of the parties.
true Bad faith is synonymous with fraud, in that it involves a design to mislead or
deceive another.
false Dolo causante is a fraud which renders the contract unenforceable.
false As a general rule, payment shall be made in the place of business of the
debtor.
true In case of extraordinary inflation or deflation, the value of the currency at the
time of the establishment of the obligation shall be the basis for the payment
when no agreement to the contrary is stipulated, has strict application only to
contractual obligation

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