Professional Documents
Culture Documents
Solutio Idebti is the case when something is received when but the
person who received it is not entitled to the thing received.
T
Real fraud can only take place at the time the obligation or contract
has been created, otherwise it is considered incidental fraud.
Real rights over a thing can only be exercised if the thing is in the
possession of the person.
Taking care of a thing until the owner who misplaced the thing
returns is an instance of quasi-contract.
Parties cannot agree to exempt each other from any delay that the
other party may incur in the performance of their obligation.
Rights that will arise from obligations are normally personal and as
such is not transmissible.
Parties can agree that in the event either party commits an act of
fraud against each other, the other party will not be able to collect
damage.
The instance when one takes care of the dog of a neighbor in the
absence of the neighbor is an instance of quasi-contract.
Taking care of a thing until the owner who misplaced the thing
returns is an instance of quasi-contract.
T
QUIZ #2
Delivery of the object of an obligation during the pendency of a
resolutory condition will result in solution indebiti.
T
In an obligation to pay a sum of money if a the creditor poses for a
nude painting is void as it is contrary to morals.
The benefit of a debtor in the period is lost when the debtor cannot
be found on due date.
F
An obligation entered into by Jose to pay a sum of money to Joy if
Joy will let Jose copy her answers in an examination is valid.
A specific thing that goes out of commerce is one that can no longer
be bought or sold in the regular course of business.
F
In an obligation to give a specific thing subject to a suspensive
condition, any improvements, loss or deterioration to the object is
bourne by the obligee.
The benefit of a debtor in the period is lost when the debtor cannot
be found on due date.
In an obligation where both party was at fault each of the parties will
bear their respective loss in the obligation.
A specific thing that goes out of commerce is one that can no longer
be bought or sold in the regular course of business.
T
A potestative period dependent upon the sole will of the debtor
makes the obligation void.
F
QUIZ #3
Inflation or deflation of currency cannot affect the payment of an
obligation.
F
A debtor who pays with another person's property cannot extinguish
his obligation.
When the court orders the debtor not to make payment, the debtor
may still opt to pay, although such payment shall not be deemed
valid.
In Dacion en Pago, the creditor uses property to pay off all the
creditors.
A third party may not pay an obligation without the consent of the
creditor.
F
Payment to an employee of the creditor is presumed to be valid
unless otherwise proven.
An obligation to pay the creditor when the debtor feels like paying
the obligation is void.
An object of the obligation that has only been damaged may still be
considered to be lost.
F
QUIZ#4:
Whenever a contract occurs suffers some form of fraud, the
consent of the party who did not employ fraud is vitiated.
Fraud that existed at the time the contract was created is causal
fraud.
F
Intentional mistakes made by a party does not vitiate consent if it
does not go into the substance of the contract.
A 5 foot girl can intimidate a 7 foot varsity player under the right
circumstances.
T
An item put on sale is considered to be defective due to lack of
consideration unless it is proven otherwise.
F
Minors who are emancipated no longer exists in the Philippines
today.
A 5 foot girl can intimidate a 7 foot varsity player under the right
circumstances.
Personal contracts are contracts that apply only to the parties and
are non-transmissible.
Objects which does not exist can still be the object of a contract if it
can come to existence in the foreseeable future.
T
Insane or demented persons can still create contracts under certain
conditions.
T
QUIZ#6:
A party can ask for rescission even after the party had initially
asked for fulfillment of the contract.
In voidable contracts, the fraud must exist prior to or at the time the
contract was entered into without which the innocent party would
not have entered into the contract.
T
Contracts entered into by a person of a mortgaged property to raise
money to pay the mortgage is deemed in fraud of creditors and as
such is rescissible.
A party who received defective items from a seller can ask for
rescission of the contract if he can return the product delivered to
him.
In void contracts, parties cannot normally ask for the return of what
was paid or received.
T
Parties to an illegal contract that constitutes a crime is binding on
both parties but they can be both prosecuted by law.
T
Breaches of obligations in contracts make the contract rescissible.
A person who was defrauded into entering into a contract can have
the contract rescinded.
In voidable contracts, the fraud must exist prior to or at the time the
contract was entered into without which the innocent party would
not have entered into the contract.
F
A void contract can never become a valid contract even if the
parties consent to be bound to the same.
F
A contract for a 10 year lease cannot be rescinded after 5 years
from the creation of the contract as it is already past the 4 year
period to bring an action for rescission.
Fraud which vitiates consent is the normal kind of fraud that occurs
and as such is called casual fraud.