1.

Indicate the CORRECT answer:

The acts of a representative who is not empowered:
a) Do not bind the principal (the represented person); do not have any consequences for him
except for what he chooses to ratify.
b) Do not bind the principal (the represented person) and cannot be ratified.
c) Bind the principal (the represented person) only if they are to his/her advantage.
d) Bind the principal (the represented person) who is liable to third parties.

2. Indicate the CORRECT answer:

a) Only one of the parties to a contract is bound by a reciprocal obligation.
b) If one of the parties does not comply with a reciprocal obligation, the other party can
demand the fulfillment and also the termination of the obligation.
c) In reciprocal obligations a party can not be considered in default if the other party does not
fulfill his obligations.
d) All the previous statements are incorrect.

3. Indicate the CORRECT answer:

In accordance with the rules of interpretation and integration of agreements, it can be
affirmed that:
a) According to the Spanish Civil Code, the literal sense of the words will always prevail,
even though they are contrary to the intention of the parties.
b) The categorization given to the contract by the parties is binding for the judge.
c) According to the Spanish Civil Code, acts that are posterior to the agreement cannot be
taken into account to interpret the contractual intentions of the parties.
d) According to the Spanish Civil Code, when it is not possible to resolve doubts about
incidental circumstances of a gratuitous contract, the smaller transfer of rights shall be opted
for.

4. Indicate the CORRECT answer:

Miguel sells the Atlantic Ocean to Santiago. From the following statements, indicate which is
correct:
a) The agreement is voidable as the Atlantic Ocean is a res extra commercium. However,
only Santiago will be able to seek a declaration of voidability, as the injured party.
b) The agreement is null and void as the Atlantic Ocean is a res extra commercium and
whoever has an interest in the case will be able to seek in Court, at any time, the declaration
of nullity of the agreement.
c) The agreement is null and void as the Atlantic Ocean is a res extra commercium and
anyone will be able to seek in Court a declaration of voidability, unless 4 years have already
passed since the signing of the agreement, in which case the legal action would be
extinguished.
d) The agreement is rescindable for fraud only at the request of Santiago or the State, which
are the victims of Miguel's fraud.

5. Indicate the CORRECT answer:

On the 1st of January 2000, Guillermo lends 1,000 Euros to his friend Gonzalo who
undertakes to pay back that sum plus 100 Euros interest on the 1st of January 2001.
Gonzalo contacts Guillermo on the 20 of December 2000 and informs him that he will
not be able to comply with the payment of the sum of 1,100 Euros that he owes him
on the 1 of January 2001. Due to these circumstances, Guillermo accepts Gonzalo's
offer to pay him 1,200 Euros on the 1st of February 2001. However, on the 1st of
January 2001, Guillermo, who is undergoing economic difficulties, asks Gonzalo to
pay him back the money that he had lent him. From the following statements, indicate
which is correct:

a) Gonzalo will be able to refuse to make payment, as the obligation to pay has been
novated so that Gonzalo is only bound to pay 1,200 Euros to Guillermo on the 1st of
February 2001.
b) Gonzalo will be obligated to pay Guillermo, but only 1,100 Euros as the remaining 100
Euros were only due in the event that Gonzalo were to pay on the 1st of February 2001.
c) In accordance with the Civil Code, Gonzalo will have to exercise his rights with respect to
the principle of good faith, and consequently, considering the fact that his friend is
experiencing financial difficulties, he must pay him 1.200 Euros on the 1st of January 2001.
d) Gonzalo could terminate the contract due to the untimely claim by Guillermo, in which
case he could refuse to pay him and even claim compensation for damages.

6. Indicate the CORRECT answer:

Formal agreements:
a) Must observe specific formalities to achieve legal validity.
b) Are legally valid »when the parties express their written or oral consent.
c) Need a specific form for their existence to be proven vis-a-vis third parties.
d) Need the parties’ consent as well as the delivery of the object to be legally valid

7. Indicate the CORRECT answer:

The purchase of a cinema ticket by someone who is 15 years old:

a) ls not valid, as the Supreme Court's case law states that, in accordance with the Civil
Code, minors do not have legal capacity and must be represented in every operation by the
person who exercises parental authority.
b) Would be valid only if that person is emancipated.
c) Would be valid considering that the Supreme Court has ruled that minors do not need the
assistance of their parents to carry out low value operations in their daily life on the
understanding that the parents have given their tacit consent for these operations.
d) Would not be valid as, even though the transaction is of a small amount, the minor would
need to buy the ticket through a curator

8. Indicate the CORRECT answer:

Luis born 2nd of February 1990, is emancipated from his parents. On the 1st of
January 2008, he decides to sell a diamond that he owns, worth 3.000.000 Euros.
From the following statements, indicate which is correct:

a) Luis does not have legal capacity to carry out the sale due to the extraordinary value of
the diamond.
b) Luis has legal capacity to carry out the sale, even though he is 17 years old on the 1st of
January 2008, as he will turn 18 in that year, which means that he must be considered of
legal age through the entirety of the year 2008, as established by the Civil Code.
c) Luis does not have civil capacity to carry out the sale, even though he is an emancipated
minor, as the sale of the diamond is a transaction of extraordinary value.
d) Luis has legal capacity to carry out the sale given that the Civil Code states that an
emancipated minor will be considered equivalent to all effects to someone of legal age.

9. Indicate the CORRECT answer:

On the 1st of January 2000, Magdalena lent 1,000 Euros to Carmen interest-free, with the
commitment that the latter would repay the loan on the 1st of June 2000. On the 1st of May
2000 Carmen sold a motorcycle to Magdalena for the price of 1.200 Euros. When on the
day, the 1st of May 2000, Carmen delivered the motorcycle to Magdalena, the latter gave
her a cheque for 200 Euros, telling her that the remaining 1.000 Euros were offset by the
1.000 Euros that Carmen owed her for the loan. From the following statements, indicate
which is correct:

a) Carmen will have to accept the offset as is required by the principle of good faith
protected by the Spanish Civil Code.
b) Magdalena has a right to make the offset but only if she gives Carmen a receipt which
states that the loan has been paid and cancelled.
c) The offset effected by Magdalena is consistent with the Spanish Civil Code, as both debts
are liquid, due and payable.
d) Carmen will be able to require Magdalena to pay the sum of 1,200 Euros as no offset can
occur because, according to the loan agreement, the repayment of the loaned 1.000 Euros
dos not become collectable until the 1st of June 2000.

10. Indicate the CORRECT answer:

Alicia granted a Power of Attorney (POA) to Beatriz to buy in her name and on her (Alicia's)
behalf Julio's car for a price of 5,000 Euros. Beatriz bought this car but for the sum of 5,500
Euros. Nevertheless, Alicia used Julio's car for several weeks. When Julio asks Alicia to pay
the 5,500 Euros, Alicia says that as Beatriz exceeded the authority she had been granted by
the POA, she should be the one to pay the price. From the following statements, indicate
which is correct:

a) Alicia must pay the price of the car to Julio, as it must be understood that she tacitly
ratified Beatriz's transaction.
b) Julio can only make a claim against Beatriz, as she exceeded the authority she had been
granted by the POA.
c) Alicia will not have to pay the price of the car as Beatriz, as a consequence of acting as a
falsus procurator, will have to pay its price.
d) None of the previous statements is correct.

11. Indicate the CORRECT answer:

a) The debtor can force the creditor to accept a different thing from that agreed on if the
former is of superior value.
b) If the creditor refuses an exact payment, the debtor is automatically released from his
obligation.
c) The debtor cannot compel the creditor to accept partial payment of the obligation even
though it is objectively divisible.
d) In the case of an obligation to do something, the creditor can never refuse to accept its
execution even by someone other than the debtor.
12. Indicate the CORRECT answer:
a) Credits can only be assigned when the parties have previously agreed that they are
transferrable.
b) In order for the assignment of a credit to be valid, the debor's consent is necessary.
c) The assignment of a credit is only valid once the debtor has been notified.
d) If the debtor, who has not been notified and has no knowledge of the assignment, pays
the initial creditor, he will be released from his obligation.

13. Indicate the CORRECT answer: / Morto 2000.

On the 1st of January 2000, Yolanda sold her house to Alfonso for 300,000 Euros, it being
agreed that possession of the house would be transferred to Alfonso on that date but that
the price would not be paid until the 1st of March 2000. On the 1st of March, when Alfonso
goes to Yolanda's house in order to pay the price of 300,000 Euros, Yolanda, without
collecting Alfonso's money, gives him a receipt stating that she has received from Alfonso
the sum of 300.000 Euros and that, as a consequence, the price of the house has been paid
off. On the next day, the 2nd of March 2000, Yolanda regrets being so generous with Alfonso
and asks him to pay the price of 300,000 Euros.
From the following statements, indicate which is correct:

a) Alfonso will have to pay the price of 300,000 Euros to Yolanda, as it is not fair that he has
received a house without paying its price.
b) Alfonso will not have to pay the price of the house to Yolanda, as the fact that Yolanda
gave him the receipt voluntarily corresponds to the remission of Alfonso's debt.
c) Yolanda will be able to demand the rescission of the contract for fraud.
d) Yolanda will not be able to require the payment of the price from Alfonso but will be able to
demand the return of the house, according to the general principle of preservation of
contracts.

14. Indicate the CORRECT answer:

Irene wishes to buy a plot of land on which to build a nursery school. Irene is aware that the
land must at least be 1,000 m2 in area, as Spanish Law requires that the land on which
nursery schools are to be built should be at least of that size. Irene finds a plot of land in the
classified ads of the newspaper, which is property of Eugenia. According to the ad,
Eugenia's land has a registered area of 1,001 m2. Before proceeding with the purchase of
the land, Irene consults the Property Register and confirms that the land area which appears
in the Register is indeed 1,001 m2. After the signing of the Purchase agreement, when
possession of the land has already been transferred to Irene and the price paid, the State
technical experts in charge of granting licences to open nursery schools measure the land
and realise that its area is only 999 m2, and refuse to grant the licence to open the nursery
school to Irene. From the following statements, indicate which is correct:

a) Irene will be able to take legal actions for the contract to be declared voidable as she was
victim of a mistake which essentially affects the subject matter of the contract and as she
was sufficiently diligent in verifying the land area in the Property Register.
b) Irene will be able to claim compensation for damages against Eugenia, for when
publishing the ad she engaged in dolus (dolo), leading Irene into error.
c) The purchase agreement is null and void as Irene, if she had been aware of the real size
of the plot, would not have entered the agreement.
d) Irene will be able to rescind the agreement for fraud as her expectations to open the
nursery school have been defrauded.

15. Indicate the CORRECT answer:

a) Contracts are perfected by the consent which is manifested by the concurrence of both
offer and acceptance.
b) Contracts are perfected by the consent which is manifested by the concurrence of both
the object and the consideration.
c) Contracts are perfected by the consent which is necessarily manifested tacitly.
d) Contracts are perfected by the consent which is necessarily manifested in written form.

16. Indicate the CORRECT answer:

Manolo and Juan, who worked in construction separately, decide to join their businesses and
set up a legal entity named “Reformas Maju”, pooling their tools and 30.000 Euros in order to
buy building materials and a truck. They agree to share out the profits equally. The legal
entity set up:

a) Is a corporation (corporación) as its objectives are public, with "Reformas Maju" being an
establishment open to the public which provides construction services to the general public.
b) Is a foundation (fundación) as Juan and Manolo have provided their tools and money so
that the foundation could fulfil its purposes.
c) ls a foundation (fundación) considering that the capital provided by Manolo and Juan is
sufficient for "Reformas Maju" to be able to achieve the objectives established by its
founding members, in accordance with the Spanish Law on Foundations.
d) Is a Company (sociedad), with the issue of a public deed not being necessary for its
creation.

17. Indicate the CORRECT answer:

Mario gets a loan from “Banco Oceánico” for 1.000 Euros. On the maturity dale of
the loan, Mario goes to the bank to pay off his debt, taking the equivalent of 1,000
Euros in US dollars (1,250 dollars). The bank teller refuses to accept the payment in
dollars. From the following statements, indicate which is correct:

a) The teller can not require Mario to pay in a specific currency, it being sufficient, as the
Spanish Civil Code states, that the currency is legal tender, as is the US dollar.
b) The teller can obligate Mario to pay in Euros as, in accordance with the Spanish Civil
Code, the payment of obligations must be made in the agreed currency and, in the absence
of agreement, in the currency which is legal tender in Spain.
c) Even in the event the parties had agreed that the loan would be paid off in US dollars, the
Bank will be able to require the payment in Euros as the Civil Code states that payment
must be made in a currency which is legal tender in Spain.
d) None of the previous statements is correct.

18. Indicate the CORRECT answer:

Pedro sells a Labrador dog to Juan Jose and Manolo for 1,000 Euros. In the agreement,
Juan Jose and Manolo declare that they jointly and severally commit to pay the price in
equal shares. From the following statements, indicate which is correct:
a) The fact that Juan Jose and Manolo are joint and several debtors means that Pedro can
only claim 500 Euros from each of them.
b) Pedro will be able to claim 1.000 Euros from each of them.
c) Pedro will be able to chalm the whole amount from either of the purchasers, in which case
the other buyer will have freely obtained 50% of the ownership of the dog, in accordance
with the principle of reciprocal coverage of insolvency.
d) Pedro will be able to claim the whole price of the dog from either of the purchasers, withou
tprejudice to the payer's right to recover from the other buyer half of the price he paid.

19. Indicate the CORRECT answer:

Germán, professional bodybuilder, tells Olga, ballet dancer, that if she does not sell him her
car for 100 Euros, he will beat her up. Olga, very frightened, signs the car sale and purchase
agreement with Germán. From the following statements, indicate which is correct:

a) The car purchase agreement is null and void but if Olga ceased to be intimidated by
Germán, she could ratify the null and void agreement and make it valid.
b) The car purchase agreement is voidable due to intimidation and both Germán and Olga
will be able to request its annulment. Only Olge
c) The car purchase agreement is voidable at the request of Olga who, if she ceases to be
intimidated by Germán, could ratify the agreement.
d) None of the previous statements is correct.

20. Indicate the CORRECT answer:

General terms and conditions are:
a) Pre-formulated causes imposed by a party and incorporated into a plurality of contracts.
b) Pre-formulated clauses, agreed between the parties and incorporated into plurality of
contracts.
c) Pre-formulated clauses of contracts entered into with professionals.
d) Pre-formulated clauses of contracts between consumers.