Obligation L1

Question 1

The essential elements of a cause of action are the following, except:
A. The obligation of the defendant
b. The legal right of the plaintiff
c. The act or omission of the plaintiff in violation of said legal right
d. The act or omission of the defendant in violation of said legal right

Answer 1

c. The act or omission of the plaintiff in violation of said legal right

Question 2

Obligation of the debtor to deliver a thing, movable or immovable, to the creditor

Answer 2

Obligation to give

Question 3

When a thing is particularly designated or physically segregated from all other of the same class

Answer 3

Specific thing

Question 4

I. Obligation to do is also known as a negative personal obligation
II. Obligation not to do is otherwise known as positive personal obligation

Answer 4

False (I. Positive personal obligation, II. Negative personal obligation)

Question 5

The following are essential elements of an obligation except:
a. debtor c. Presentation
b. Creditor d. Object

Answer 5

C. Presentation

Question 6

The following are the sources of obligation, except:
a. Contract c. Prestation
b. Law d. Quasi-delict

Answer 6

C. Prestation

Question 7

It is a .meeting of minds between two persons whereby one binds himself, with respect to other, to give something or to render some service.

Answer 7

Contract

Question 8

Certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of another.

Answer 8

Quasi-contract

Question 9

Where X voluntarily takes charge of the neglected business of Y without the latter’s authority where reimbursement must be made for necessary and useful expenses, there is:
a. Quasi-delict
b. Quasi contract
c. Negotiorum Gestio
d. Solutio Indebiti

Answer 9

C. Negotiorum Gestio

Question 10

When a thing is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class

Answer 10

Generic/Indeterminate thing

Question 11

It is a rule of conduct, just and obligatory , promulgated by legitimate authority, and of common observance and benefit.

Answer 11

Law

Question 12

Whoever voluntary takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incident, or to require the person concerned to substitute him, if the owner is in position to do so.

Answer 12

Negotiorum Gestio

Question 13

If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return arises.

Answer 13

Solutio Indebiti

Question 14

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. There is no pre-existing contractual relation between the parties.
a. quasi-delict
b. quasi-contract
c. negotiorum gestio
d. solutio indebiti

Answer 14

a. quasi-delict

Question 15

The following are pre-requisite of quasi-delict except:
a. Damage suffered by plaintiff
b. Fault or negligence of defendant
c. Damages suffered by plaintiff
d. Connection of cause and effect between the fault or negligence of defendant and the damage incurred by plaintiff

Answer 15

c. Damages suffered by the plaintiff

Question 16

A system of norms or rules of a character general and common which regulate the relations of persons, individual or collective, and which protects the person in his personality as well as his interests both moral and patrimonial.
a. Business Law
b. Civil Law
c. Criminal Law
d. Taxation Law

Answer 16

b. Civil Law

Question 17

It is a juridical necessity to give, to do, or not to do.

Answer 17

Obligation

Question 18

18. Which of the following is not considered as quasi-contract?
    a. Solutio Indebiti
    b. Reimbursement due to the person who saved the property during fire or storm without the knowledge of the owner
    c. Negotiorum gestio
    d. When the third person, with or without the knowledge of the debtor, pays the debt

Answer 18

d. When the third person, with or without the knowledge of the debtor, pays the debt

Question 19

It is a claim or title to an interest in anything whatsoever that is enforceable by law.

Answer 19

Right

Question 20

It is a juridical relation whereby a person may demand from another the observance of determinative conduct, and in case of breach, may demand satisfaction from assets of the latter.

Answer 20

Obligation

Question 21

It is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress or a wrong
a. Civil action
b. Special proceeding
c. Administrative action
d. Criminal action

Answer 21

a. Civil action

Question 22

It is the act or omission by which a party violates a right of one another
a. Reason of action
b. Motive of action
c. Cause of action
d. Source of action

Answer 22

c. Cause of action

Question 23

What article states “The juridical necessity to give, to do, or not to do”?

Answer 23

Article 1156

Question 24

It means that in case of non-compliance, the courts of justice may be called upon to enforce its fulfillment or, in default thereof, the economic value it represents

Answer 24

Juridical Necessity

Question 25

Obligation of the debtor to deliver a thing, movable or immovable, to creditor or for the use or possession of the recipient

Answer 25

Real Obligation

Question 26

Obligation to do or not do

Answer 26

Personal Obligation

Question 27

This is the obligation of the debtor or obligor to perform some work or service for the creditor or obligee

Answer 27

Positive Personal Obligation

Question 28

This is the obligation of the debtor or obligor not to perform some act in favor of the creditor or obligee

Answer 28

Negative Personal Obligation

Question 29

The person from whom the obligation is juridically demandable. the party who has the obligation to give, to do, or not to do

Answer 29

Passive Subject (Debtor or Obligor)

Question 30

The person who has the right to demand fulfillment of the obligation. He is the person who has the right to demand compliance with the obligation to give, to do, or not to do.

Answer 30

Active Subject (Creditor or Obligee)

Question 31

It is the particular conduct of the debtor or the obligor which may consist in giving, doing, or not doing anything.

Answer 31

Prestation or Object

Question 32

It is which creates the relation between the passive subject or obligor and the active subject or obligee

Answer 32

Juridical/Legal Tie, Efficient Cause, or Vinculum Juris

Question 33

What is the meaning of the Latin word Quasi?

Answer 33

As if

Question 34

1. A person unjustly benefited; and 2. Such benefit derived at the expense of or to the damage of another. These 2 is the concept of _________?

Answer 34

Unjust Enrichment

Question 35

It is the act or omission punishable by law.

Answer 35

Delict

Question 36

It is a civil liability in delict that the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court.

Answer 36

Restitution

Question 37

It is a civil liability in delict that the court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value, to the injured party.

Answer 37

Reparation

Question 38

It is a civil liability in delict that damages include shall not only those caused by the injured party but also those who suffered by his family or by a third person by a reason of crime.

Answer 38

Indemnification for Consequential Damages

Question 39

These are the _______? 1. The fault or negligence of the defendant 2. The damage suffered or incurred by the plaintiff 3. The relation of cause and effect between the fault or negligence of the defendant and the damage incurred by the plaintiff.

Answer 39

Elements of negligence

Question 40

The party who brings a civil suit in a court of law.

Answer 40

Plaintiff

Question 41

The person sued in a civil proceeding

Answer 41

Defendant

Question 42

It is a kind of negligence resulting from the failure to observe required diligence which caused damage to another person.

Answer 42

Culpa Aquiliana/ Quasi-delict

Question 43

This is negligence in the performance of a pre-existing contract.

Answer 43

Culpa Contractual

Question 44

This is negligence which results in the omission of a crime

Answer 44

Culpa Criminal

Question 45

Is an intangible and abstract quality with no technical meaning or statutory definition, and encompasses among other things, an honest belief, the absence of malice, the absence of design to defraud an unconscionable advantage.

Answer 45

Good Faith