OBLIGATION
In an obligation with a penal clause, the
creditor, as a rule, may recover from the debtor
in case of breach of the following:
THE PENALTY
This is failure to comply with terms of a contract
without justifiable excuse
BREACH OF CONTRACT
A, B, and C are solidary debtors of W and Y,
joint creditors for 12,000 where the share of the
debtors in the obligation is 2:3:5 while the share
of the creditors is 1:2. If A is insolvent, which of
the following is correct?
Y CAN COLLECT FROM EITHER B OR C 8,000
Armin voluntarily manages the property affairs
of Erwin without the knowledge or consent of
the latter. What juridical relation exist between
Armin and Erwin?
NEGOTIORUM GESTIO
A delivered to B, a typewriter repairer, a
portable typewriter for routine cleaning and
servicing. B was not able to finish the job after
some time despite repeated reminders made by
A. Finally, B returned the typewriter unrepaired,
some of the parts missing. A had the typewriter
repaired by F Business Machines, and the repair
job cost him 58.75 for labor or service and
31.10 for missing parts or a total of 89.85. Is B
liable for 58.75, the cost of the service
expended in the repair?
YES, AS B CONTRAVENED THE TENOR OF HIS
OBLIGATION
Mikasa obliged himself to deliver a determinate
horse to Historia on January 18, 2021. When
the date of the delivery of the horse arrived, the
horse has an offspring already. Mikasa is
obliged to deliver the:
HORSE ONLY
There shall be no liability for loss of fortuitous
event in one of the following cases
WHEN THERE WAS NO STIPULATION AS TO
THE LIABILITY OF THE DEBTOR IN CASE OF LOSS
DUE TO FORTUITOUS EVENT
Which of the following is not an obligation with
a period?
I WILLPAY WHEN MY LOAN IS APPROVED BY
THE BANK
A, a jeepney driver, driving recklessly, caused
serious physical injuries to his passenger B and
pedestrian C. as a result, which of the following
is not correct?
The following statements provide the effect of
an acquittal in a criminal case on civil liability.
Which is not true?
WHEN ACQUITTAL IS DUE TO EXEMPTING
CIRCUMSTANCES; CIVIL LIABILITY REMAINS
A, B and C are jointly indebted to X in the
amount of 12,000.00. C was a minor at the time
the obligation was constituted X may collect
4,000 FROM A, AND 4,000 FROM B
What is an act or omission by a person which
causes damage to another giving rise to an
obligation to pay for the damage done, there
being fault or negligence but there is no pre-
existing contractual relation between parties?
QUASI-DELICT
What are the obligations imposed by law itself,
which must be expressly or impliedly set forth
and cannot be presumed?
OBLIGATION EX LEGE
A, B, C, and D, solidary debtors, are obliged to
give V, W, X, Y, and Z, joint creditors, 20,000.
Which of the following is correct?
V MAY COLLECT FROM C 4,000
This refers to delay on the part of creditor
MORA ACCIPIENDI
What is “conduct that creates undue risk or
harm to another..
FAULT OR NEGLIGENCE
The following obligations are divisible, except:
OBLIGATION TO GIVE DEFINITE THINGS
Before a person can be held liable for quasi-
delict, the following requisites must be present,
except
THERE MUST BE DAMAGE CAUSED TO THE
DEFENDANT
S sold a land to B. It was stipulated that S would
construct a fence on a certain portion of his
land adjoining that sold to B… can B have the
fence removed at the expense of S?
YES. WHEN THE OBLIGATION CONSISTS IN NOT
DOING, AND THE OBLIGOR DOES..
X, is tax-exempt cooperative store, paid taxes to
the City of Manila, believing that it was liable.
May X recover the payment?
YES, AS IT WAS MADE UNDER A MISTAKE
When a condition has been imposed with the
intention of suspending the efficacy of an
obligation to give, which of the following shall
be observed during the pendency of the
condition?
Which of the following is not a source of liability
for damages?
QUASI-DELICT
Demand must be made for delay to exist in one
of the following cases
WHEN THE OBLIGATION IS SILENT ON THE
NECESSITY OF DEMAND
Through insidious words or machinations, A was
able to induce B to enter into a contract which ..
there is a
FRAUD
PARTNERSHIP AND SALES
Which of the following statements is not
correct?
A GENERAL PARTNER IN A LIMITED
PARTNERSHIP MANAGES THE BUSINESS OF
THE PARTNERSHIP BUT CANNOT PERFORM
ACTS OF OWNERSHIP WITHOUT THE CONSENT
OF THE LIMITED PARTNERS
The following goods may be the subject of a
contract of sale, except:
VAIN HOPE OR EXPECTANCY
A contract whereby one of the parties obligates
himself to transfer the ownership of and to
deliver a determinate thing and the other…
SALE
The following are the characteristics of a
contract of sale, except:
REAL,…
Future things having a potential existence may
be the object of a contract of sale. However, the
thing must come into existence, except
FUTURE INHERITANCE OF AN HEIR
In the partnership of A, B and C, A was
appointed in the Articles of Co-Partnershiip as
managing partner. As such manager in good
faith:
I. All partners in a general partnership
are considered managing partners if
there is no stipulation as to who
shall act as managing partner
II. A partner is liable to the
partnership for whatever property
he agrees to contribute without
necessity to demand
BOTH TRUE
Atsumu and osamu entered into a universal
partnership of all present property. The
common property of the partnership shall
be
ALL THE PROPERTIES WHICH BELONGED TO
EACH OF THE PARTNERS AT THE TIME OF
THE CONSTITUTION OF THE PARTNERSHIP
AS WELL AS THE PROFITS WHICH THEY
MAY ACQUIRE THEREWITH
When the quality delivered is more than
that which the parties agreed upon, the
following are the rights of the vendee,
except:
REJECT THE WHOLE OF THE GOODS IF THEY
ARE DIVISIBLE
One of the following is not a requisite of the
object of a contract of sale. Which is it?
VENDOR MUST HAVE THE RIGHT TO
TRANSFER..
When cash or property worth 3,000 or
more is contributed as capital. The Articles
of Co-Partnership shall be in a public
instrument and be registered with the SEC.
if the said requirements are not complied
with
IT WILL RENDER THE PARTNERSHIP VOID In case of double sale of personal property,
who among the buyers shall be preferred?

PERSON WHO FIRST TOOK POSSESSION

A and B are capitalist partners, with C as
industrial partner. A and B contributed
15,000 each to the capital of the
The following are only considered as
partnership. A contractual liability of 40,000
accidental elements in the contract of sale,
was incurred…
except
A, B, AND C AND C CAN RECOVER FOR
PRICE CERTAIN IN MONEY OR ITS
REIMBURSEMENT FROM A AND B
EQUIVALENT

A is the capitalist partner and B the

industrial partner. A is engaged personally
in the same kind of business the partnership
is engaged in
IF THERE ARE PROFITS, A WILL GOVE THE
PROFITS TO THE PARTNERSHIP
R, S and T are partners. T is the industrial
partner who in addition to his services, he
also contributed capital to the partnership.
There is no stipulation as to sharing of
profits and losses. The partnership realized
profits of 21,000. The share of T in the
profits.
PRO-RATA TO HIS CONTRIBUTED CAPITAL
what shall be the remedy of the buyer in
case of the partial loss of the object of the
contract of sale before the perfection of the
contract:
I. Withdrawal from the contract or
recission
II. Demanding the remaining part and
paying its proportionate price
BOTH I AND II
Kuro and kema entered into a universal
partnership without specification whether it is
profit or of preset property. It shall be
UNIVERSAL PARTNERSHIP OF PROFITS

Daichi and Asahi entered into a universal A kind of partnership where all present
partnership of profits. Subsequently, Daichi properties are contributed
became a professor in a university. Will
daichi’s salary belong to the partnership UNIVERSAL PARTNERSHIP

YES, BECAUSE THE SALARY IS ACQUIRED

THROUGH DAICHI’S INDUSTRY OR WORK
A general partner shall be bound by the
obligation of the partnership
TRUE
What is the effect of the complete loss of the
object of the contract of sale before the
perfection of the contract?
THE SALES IS VOID BECAUSE OF THE ABSENCE
OF THE OBJECT.