RFBT

Question 1

Kind of obligation that is not based on positive law but on equity. Do not grant a right of action to enforce their performance.

Answer 1

Natural Obligations

Question 2

All rights acquired in virtue of an obligation are transmissible. Except:

Answer 2

1. strictly personal in nature
2. by stipulation
3. by provision of law

Question 3

The judicial relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.

Answer 3

SOLUTIO INDEBITI

Question 4

An act or omission punishable by law, governed by Revised Penal Code or other penal laws

Answer 4

Delict

Question 5

What is included in civil liability?

Answer 5

1. Restitution
2. Reparation of the damage caused
3. Indemnification for consequential damages

Question 6

Proof necessary for criminal liability

Answer 6

proof beyond reasonable doubt

Question 7

Proof necessary for civil liability

Answer 7

preponderance of evidence

Question 8

What are the requisites for Quasi-Delicts?

Answer 8

1. There must be an act or omission.
2. There must be fault or negligence.
3. There must be damage caused.
4. There must be direct relation of cause and effect between the act or omission and the damage.

Question 9

T or F. A plaintiff cannot recover damages twice for the same act or omission of the defendant.

Answer 9

TRUE

Question 10

T or F. For an employer-employee relationship, the defense of diligence of a good father of a family is available for the employer’s subsidiary liability.

Answer 10

FALSE

Question 11

Kind of condition where happening of which gives rise to the obligation.

Answer 11

Suspensive condition

Question 12

Kind of condition where happening of which extinguishes the rights already existing.

Answer 12

Resolutory Condition

Question 13

Kind of condition that depends on the will of the party to the juridical relation.

Answer 13

Potestative

Question 14

Kind of condition that depends on chance

Answer 14

Casual

Question 15

Kind of condition that partly depends on will of the party and partly depends on chance

Answer 15

Mixed Condition

Question 16

In a Potestative condition, if the condition is dependent on the creditor, it is deemed void.

Answer 16

FALSE

Question 17

In a Potestative condition, if the condition is dependent on the debtor, it is deemed void.

Answer 17

TRUE

Question 18

What is the concept of Constructive or Presumed Fulfillment

Answer 18

The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.

Question 19

What is the effect of Impossible Conditions?

Answer 19

shall annul the obligation which depends upon them

Question 20

Effect when an impossible obligation is imposed in an obligation to do

Answer 20

the obligation and condition are treated as void

Question 21

Effect when an impossible condition is imposed in an obligation not to do

Answer 21

the condition can be disregarded and the the obligation remains

Question 22

Effect of fulfillment of conditions

Answer 22

Retroact to the day of the constitution of the obligation

Question 23

All of the following give rise to obligation without an agreement, except:
1. Law
2. Contract
3. Quasi-Contract
4. Quasi-Delict

Answer 23

B. Contract

Question 24

Which of the following is not a conditional obligation?
1. D will pay C P10,000, 15 days after the former’s graduation
2. D will pay C P10,000, as soon as his financial means permit him to do so
3. D will pay C P10,000, after passing the 2021 October CPALE
4. D will pay C P10,000, 10 days after he marries W

Answer 24

B

Question 25

If a driver hits a pedistrian because he was driving recklessly and was found criminally liable, the employer can raise the defense of a diligence of a good father against civil liability. T or F.

Answer 25

FALSE | The employer can be subsidiarily liable but cant raise the defense DGFF

Question 26

If a driver hits a pedistrian because he was driving recklessly and was found criminally liable, the employer can also be criminally liable. T or F.

Answer 26

FALSE | Only the driver is criminally liabile.

Question 27

W, X, Y, Z are solidarily indebted to C for P40,000. When C demanded payment from W, the latter refused claiming that X is a minor, Y's share is already condones and that Z is insolvent. How much is W required to pay C?

Answer 27

P20,000 | insolvency doesnt extinguish the debt

Question 28

The omission of that diligence required by the nature of the obligation and corresponds with the circumstance of the persons, of the time and place.

Answer 28

Culpa | negligence

Question 29

Is manager's check considered as legal tender?

Answer 29

No | only currencies and coins

Question 30

Contract of sale between the guardian and his ward concerning the property of the latter. | What is the status of the contract?

Answer 30

Void

Question 31

Contract of lease between the executors and administrators and the estate concerning the property of the estate under the administration. | What is the status of the contract?

Answer 31

Void

Question 32

The following are real contracts which require the delivery for perfection, except: 1. Pledge 2. Mortage 3. Mutuum 4. Deposit

Answer 32

Mortgage

Question 33

T or F. Lease is a preparatory contract.

Answer 33

False

Question 34

T or F. Partnership id a preparatory contract.

Answer 34

True

Question 35

Deaf-mutes can validly give consent to a contract. T or F.

Answer 35

True | if able to read and write

Question 36

If the authority given to an agent to sell land is not in writing, the status of the contract is _____.

Answer 36

Void

Question 37

An action for annulment of a sale of land on the ground of fraud would precribe in 4 years from:

Answer 37

Registrration of Sale

Question 38

In a donation without specification as to object, the contract would be interpreted following the least transmission of rights. T or F.

Answer 38

True

Question 39

In a contract of sale, without specification as to object, the contract would be interpreted following the greatest reciprocity of interest. T or F.

Answer 39

True | compare with contract of donation

Question 40

If there is doubt as to the object itself, the status of the contract is _____.

Answer 40

Void | if doubt or error in the COC, contract is always void

Question 41

Who can institute the annulment of a contract?

Answer 41

the incapacitated, injure party, or the guradian thereof

Question 42

What is the difference between option money and earnest money?

Answer 42

Perfection of Sale | in earnest money, the sale is already perfected

Question 43

What is a contract to sell?

Answer 43

Where upon happening of a condition, the buyer will have the right to compel the seller to transfer the ownership via the execution of a deed of absolute sale.

Question 44

Any affirmation of fact or any promise by the seller relating to the thing, if the natural tendency of such affirmation or promise is to induce the buyer to purchase the same, and if the buyer purchased the thing relying thereon.

Answer 44

Express Warranty