Contracts and Obligations Law
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Questions and Answers

When is a payment to a third person considered valid?

  • Always valid.
  • Always invalid.
  • Valid only if it redounds to the benefit of the creditor and the burden of proving rests upon the creditor. (correct)
  • Valid only if it redounds to the benefit of the creditor and the burden of proving rests upon the debtor.
  • Which contract is not subject to reform?

  • A contract of simple donation. (correct)
  • A partially executed contract of loan.
  • A contract of sale of real property entered into in a private instrument.
  • A contract of pledge.
  • What is the required form for the donation of movables valued over Php 5,000.00?

  • In public instrument only if the value exceeds Php 5,000.00. (correct)
  • In writing.
  • In a public instrument.
  • In writing only if the value exceeds Php 5,000.00.
  • Which statement regarding the interpretation of contracts is correct?

    <p>Both statements are correct. (A)</p> Signup and view all the answers

    What type of subrogation occurs by the agreement of the parties?

    <p>Conventional subrogation. (C)</p> Signup and view all the answers

    What governs the obligations arising from the written instrument establishing fundamental government powers?

    <p>Constitution. (A)</p> Signup and view all the answers

    What defines a real obligation?

    <p>An obligation to safeguard real property. (B)</p> Signup and view all the answers

    Which statement is true about voluntary payment of a third person for a prescribed debt?

    <p>It is subject for reimbursement. (C)</p> Signup and view all the answers

    Under what condition can a payment to a third person be considered valid?

    <p>Only if it benefits the creditor with the burden of proof on the creditor (A)</p> Signup and view all the answers

    Which type of contract is characterized as unenforceable due to the vitiation of consent?

    <p>Contracts that were executed under duress or fraud (A)</p> Signup and view all the answers

    What is the nature of a facultative obligation?

    <p>Involves multiple performances where only one suffices (D)</p> Signup and view all the answers

    In terms of donation of movables, what is the correct form required for items valued above Php 5,000.00?

    <p>Public instrument must be used (C)</p> Signup and view all the answers

    Which statement concerning innominate contracts is accurate?

    <p>They are governed solely by the joint agreement of the parties (C)</p> Signup and view all the answers

    Which of the following contracts cannot undergo reform?

    <p>Contracts of simple donation (D)</p> Signup and view all the answers

    Which statement about the burden of proof concerning valid payment is correct?

    <p>The burden of proof lies only on the creditor if the payment benefits them (C)</p> Signup and view all the answers

    Which type of subrogation arises from mutual agreement between parties?

    <p>Conventional subrogation based on agreement (A)</p> Signup and view all the answers

    Flashcards

    Payment to third party validity

    Payment to a third party is valid only if it benefits the creditor, and the burden of proof is on the creditor.

    Reformable contract examples

    Contracts of sale of real property (private instruments), contracts of pledge, and some partially executed loan agreements can be reformed.

    Donation of movables requirements

    Donations of movable property must be in writing if exceeding a certain value (e.g. PhP 5,000) and be in a public instrument.

    Contract interpretation ambiguity

    If a contract has multiple possible meanings, the most beneficial interpretation must be used to carry out the contract's objective.

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    Negotiated subrogation

    A type of subrogation that occurs by agreement between the parties.

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    Source of constitutional law

    The Constitution is the primary source of fundamental powers in a written document.

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    Nature of Innominate Contracts

    Innominate contracts are governed by the expressed agreement of the parties and by the most analogous contracts.

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    Real Obligation Example

    An obligation to give a specific, tangible item (e.g. a car) is a real obligation.

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    Payment to a Third Party

    Payment to someone other than the creditor is valid only if it benefits the creditor. The creditor has the burden of proving this benefit.

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    Reformable Contracts

    Contracts like sale of real property (private instruments), pledges, and partially executed loans can be reformed if there are errors.

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    Donation of Movables

    Donations of movable property, like furniture, require a written document if the value exceeds a certain limit (e.g., PhP 5,000).

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    Contract Interpretation

    When there are multiple meanings in a contract, the interpretation that makes it most effective is chosen.

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    Innominate Contracts

    These contracts are governed by the parties' agreement and rules from similar contracts.

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    Real Obligation

    An obligation to give a specific item, like a car, is considered a real obligation.

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    Study Notes

    Payment to a Third Person

    • Payment to a third person is valid only if it benefits the creditor, and the creditor bears the burden of proof.

    Reformable Contracts

    • Contracts of sale of real property in private instruments can be reformed.
    • Contracts of pledge can be reformed.
    • Contracts of simple donation can be reformed.
    • Partially executed contracts of loan can be reformed.

    Donation of Movables

    • Donations of movables are typically made in a public instrument.

    Contract Interpretation

    • If a contract has multiple meanings, it should be interpreted in a way that makes it effective.
    • The rules of interpretation in the Rules of Court are also relevant in contract construction.

    Subrogation by Agreement

    • Conventional subrogation is subrogation by agreement of the parties.

    Source of Obligation from Fundamental Government Powers

    • An obligation arising from a written document establishing fundamental government powers originates from the Constitution.

    Obligations with Multiple Possible Performances

    • An obligation where multiple things are owed, but only one performance is sufficient, is an alternative obligation.

    Innominate Contracts

    • Innominate contracts are governed by the agreement of the parties, and by analogous contracts.

    Real Obligations

    • Obligations to give tangible property (e.g., a car) are real obligations.

    Voidable Contracts

    • Contracts with vitiated consent (e.g., due to mistake, violence, or fraud) are voidable.

    Payment by Third Party

    • Voluntary payment of a debt by a third party, without the debtor's knowledge, is subject to reimbursement.
    • Natural obligations, not based on positive law, do not create a right of action.

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    Description

    This quiz covers essential concepts in contracts and obligations law, including third-party payments, reformable contracts, and donation of movables. Explore the interpretation of contracts and the principle of subrogation by agreement, along with the sources of obligations from fundamental government powers.

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