Correct. 1. There are several conditions, all of which must be realized, ‘= alternative condition ‘+ conjunctive condition (correct answer, your response) ‘= divisible condition ‘ indivisible condition Correct. 2, Are those which arise from the same cause, wherein each party is a debtor and a creditor of the other, such that the performance of one is conditioned upon the simultaneous fulfillment. of the other. * Unilateral obligation * Personal obligation ‘= Reciprocal obligation (correct answer, your response) ‘+ Real obligation Incorrect. 3. The following are other terms interchangeably used with solidary obligations, except: Mancum (correct answer) + several Joint and several In solidum (your response) Correct. 4. This Is a promissory note: "I promised to pay A, B, and C the sum of P18,000." (sgd) D, E, and F. + Fis obliged to pay P12,000. ‘* Fis obliged to pay P2,000. + Fis obliged to pay P18,000. ‘+ Fis obliged to pay P6,000. (correct answer, your response)Correct, 5. There are several conditions, one of which must be realized. + conjunctive condition * divisible condition ‘+ alternative condition (correct answer, your response) ‘= indivisible condition Correct. 6. The condition is not capable of realization according to nature, law, morals, good customs, public order or public policy. ‘+ possible condition positive condition * Impossible condition (correct answer, your response) ‘© negative condition Incorrect. 7. The condition is not susceptible of partial realization. ‘= alternative condition ‘+ divisible condition (your response) * indivisible condition (correct answer) * conjunctive condition Correct. 8, It has the effect of "unmaking a contract, or its undoing from the beginning, and not merely its termination." = Rescission (correct answer, your response) = Annulment + Void * Specific performanceCorrect. 9. A owes B P150,000 due on June 30, 2018. A executed a mortgage in favor of B on A's building. On June 10, 2018, the mortgaged building was totally lost due to an earthquake. (On June 12, 2018, B demanded payment from A. Is B's demand valid? Yes. The debt becomes due at once because the period's benefit is given solely to the * creditor thereby giving the creditor the right to demand performance even before the due date. .. No. The mortgage was extinguished because the object of the contract was lost due to a fortuitous event. .. No. The obligation is one with 2 definite period, thus the creditor cannot demand fulfillment of the obligation before it is due. «Yes. The debt becomes due at once because the object of the mortgage was lost. (correct answer, your response) Correct. 10. The following are the terms interchangeably used with joint obligations, except Proportionate Mancum * Jointly ‘+ Juntos 0 separadamente (correct answer, your response) Incorrect. 11, Tt gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. ‘= lease (your response) ‘© usufruct (correct answer) ‘= antichresis ‘= commodatumIncorrect. 12. The following are other terms interchangeably used with solidary obligations, except: © Conjoint (correct answer) * Individually and collectively (your response) * Joint and several ‘+ Juntos 0 separadamente Correct. 13, Itis also known as condition precedent. ‘+ Suspensive condition (correct answer, your response) Mixed condition Casual condition Resolutory condition Correct. 14. Means bringing the parties back to their original status prior to the Inception of the contract. ‘+ mutual annulment + mutual ratification + mutual rescission * mutual restitution (correct answer, your response) Correct. 15. The following are other terms interchangeably used with solidary obligations, except: Proportionate (correct answer, your response) Joint and several + Juntos 0 separadamente severalCorrect. 16. A person who has the right to the benefits of another's property. Antichretic creditor + Lessor * Bailor + Usufructuary (correct answer, your response) Incorrect. 17. May be defined as a tie or vinculum among several creditors of one and the same obligation. Passive solidarity (your response) * Active Solidarity (correct answer) Mixed solidarity None of the above. Correct. 18. An obligation whose performance of the prestation can be fulfilled in parts. * indivisible obligation * obligation with a penal clause + alternative obligation ‘* divisible obligation (correct answer, your response) Incorrect, 19. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. Doctrine of implied performance * Doctrine of constructive fulfillment of suspensive condition (correct answer) Doctrine of express performance * Doctrine of constructive extinguishment of obligation (your response)Correct. 20. The following are other terms interchangeably used with joint obligations, except: + Pro rata * Proportionate In solidum (correct answer, your response) ‘= Mancomunada Incorrect. 21. The condition involves the performance of an act. + possible condition (your response) ‘Negative condition * Positive condition (correct answer) ‘* impossible condition Correct. 22. The condition is susceptible of partial realization. ‘+ Indivisible condition * conjunctive condition + alternative condition '* divisible condition (correct answer, your response) Correct. 23. An obligation whose performance of the prestation cannot be fulfilled in parts. + alternative obligation * divisible obligation ‘+ indivisible obligation (correct answer, your response) = obligation with a penal clauseCorrect. 24. The remedy of requiring exact performance of a contract in the specific form in which it was made, or according to the precise terms agreed upon. * Reformation Mutual restitution © Rescission Specific performance (correct answer, your response) Correct. 25. Every future event and uncertain event upon which an obligation is made to depend. condition (correct answer, your response) * period + force majeure * penalty Correct. 26. Is an interval of time, which, exerting an influence on an obligation as a consequence of a Juridical act, either suspends its demandabllity or produces its extinguishments. Period (correct answer, your response) Condition Delay '* Demand Correct. 27. The condition involves the non- performance of an act. ‘* Negative condition (correct answer, your response) * Positive condition ‘+ impossible condition = possible conditionIncorrect. 28, May be defined as a tie or vinculum among several debtors of one and the same obligation. Passive solidarity (correct answer) Active Solidarity (your response) Mixed solidarity None of the above. Incorrect. 29. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. ‘+ Suspensive period ‘+ Resolutory period (your response) + Ex die (correct answer) + Indiem Correct. 30. D is obliged to give C a specific ring. The parties agreed that D may give a specific bracelet as a substitute. Which of the following is true? If the ring is lost through a fortuitous event after substitution, the obligation is ‘extinguished. «. Ifthe ring is lost through a fortuitous event before substitution, the obligation is ‘extinguished. (correct answer, your response) Ifthe bracelet is lost through a fortuitous event before substitution, the obligation is extinguished. _, Ifthe ring is lost through the debtor's fault after substitution, the debtor shall pay damages.Correct. 31, If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad", this Is + void * conditional (correct answer, your response) ‘+ unenforceable + with a period Correct. 32. D obliged to give Ca specific watch, a specific ring, or a specific bracelet. The parties ‘agreed that C will have the right to choose the thing which will be given to him. Before C could make his choice, the watch and the ring were lost through D's fault, successively. What is the right of C? ‘C may choose the delivery to him of the bracelet, or the price of the watch or the price of the ring plus damages. (correct answer, your response) C can only choose to have the delivery of the bracelet or the price of the ring which was the last item that was lost plus damages. C cannot choose the price of the watch or the price of the ring because the said objects have already been lost. «Can only choose to have the bracelet because anyway, D can still perform his obligation, Correct. 33. It is a classification of a condition where the fulfillment of the condition depends upon the will of one of the contracting parties. ‘= mixed condition ‘© potestative condition (correct answer, your response) ‘= casual condition ‘+ impossible conditionIncorrect. 34, Which of the following is not void ab initio? ‘+ That whose object did not exist at the time of the transaction. That which contemplates an impossible service. (your response) ‘+ That whose object is outside the commerce of men. ‘That which is undertaken in fraud of creditors. (correct answer) Correct. 35. The remedy of requiring exact performance of a contract in the specific form in which it was made, or according to the precise terms agreed upon. = Rescission * Fulfillment ‘Specific performance (correct answer, your response) + Resolution Correct. 36. A thing is lost when it, except: deteriorates (correct answer, your response) * goes out of commerce © perishes ‘+ No disappears in such a way that its existence is unknown or it cannot be recovered. Incorrect, 37, It refers to a joint obligation: .. One in which the obligation of one is a resolutory condition of the obligation of the other, the non-fulfllment of which entitles the other party to rescind the contract. |. One in which each debtor is liable for the entire obligation, and each creditor Is entitled to demand the whole obligation. (your response) ‘+ One in which either one of the parties is indispensable and the other is not necessary. One in which each of the debtors is liable only for their proportionate part of the debt ‘+ and each of the creditor is entitled only for a proportionate part of the credit. (correct answer)Correct. 38. Obligations which take effect at once, but terminate upon the arrival of the day certain. + Exdie ‘= In diem (correct answer, your response) ‘+ Suspensive period ‘+ Resolutory condition Correct. 39. An obligation where each one of the debtors is bound to render and/or each of the creditors 40. hhas a right to demand entire compliance with the prestation. ‘+ Facultative obligation ‘+ Solidary obligation (correct answer, your response) * Alternative obligation = Joint obligation The following are the requisites of the doctrine of constructive fulfillment of suspensive condition, except: ‘+ The debtor acts voluntarily or wilfully ‘+ The condition is suspensive. ‘+ The condition is resolutory. (correct answer, your response) ‘+ The debtor actually prevents the fulfillment of the condition.