Law on Obligations and Contracts Reviewer
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Questions and Answers

What is the outcome when there is a solidary obligation?

  • Each debtor is only liable for a proportionate part of the debt.
  • Each creditor is entitled to demand the entire obligation from any of the debtors. (correct)
  • Each debtor is liable for the entire obligation.
  • Each creditor is only entitled to demand a proportionate part of the obligation.
  • What is the characteristic of an industrial fruit?

  • It is a result of the juridical relation of parties.
  • It is a spontaneous product of the soil.
  • It is derived from human intervention, cultivation, or labor. (correct)
  • It is a natural product of animals.
  • What is the result of omission of diligence required by the nature of the obligation?

  • Negligence consists in the omission of that diligence. (correct)
  • Negligence consists in the performance of that diligence.
  • Negligence consists in the partial omission of that diligence.
  • Negligence consists in the excess of that diligence.
  • What is the characteristic of a civil fruit?

    <p>It is a result of the juridical relation of parties.</p> Signup and view all the answers

    What is an accession?

    <p>An addition or improvement upon a thing.</p> Signup and view all the answers

    What is the degree of care required in an obligation?

    <p>That required by law and the nature of the obligation.</p> Signup and view all the answers

    What is the characteristic of a joint obligation?

    <p>Each debtor is liable only for a proportionate part of the debt.</p> Signup and view all the answers

    What is the term for the thing delivered in an obligation?

    <p>Thing.</p> Signup and view all the answers

    What is the nature of obligations derived from law?

    <p>They are not presumed.</p> Signup and view all the answers

    What is a contract in the context of obligations?

    <p>A meeting of minds between two persons.</p> Signup and view all the answers

    What is the force of obligations arising from contracts?

    <p>They have the force of law.</p> Signup and view all the answers

    How should obligations arising from contracts be complied with?

    <p>In good faith.</p> Signup and view all the answers

    What is the basis of obligations derived from law?

    <p>The provisions of both the Civil Code and special laws.</p> Signup and view all the answers

    What is the relationship between contracting parties in a contract?

    <p>One of equality and mutual respect.</p> Signup and view all the answers

    What is the nature of laws in the context of obligations?

    <p>They are fixed and unchangeable.</p> Signup and view all the answers

    What is the relationship between the Civil Code and special laws in the context of obligations?

    <p>The Civil Code complements special laws.</p> Signup and view all the answers

    What type of mistake does NOT vitiate consent?

    <p>Mistake or error as to motive</p> Signup and view all the answers

    What is the effect of a contract without a cause or with an unlawful cause?

    <p>It becomes void</p> Signup and view all the answers

    What type of mistake gives rise to correction only?

    <p>A simple mistake of account</p> Signup and view all the answers

    What is the effect of stating a false cause in a contract?

    <p>It makes the contract void</p> Signup and view all the answers

    What is another term for 'onerous' in the context of contracts?

    <p>Prestation</p> Signup and view all the answers

    What is the presumption when the cause is not stated in the contract?

    <p>It is presumed to be true and lawful</p> Signup and view all the answers

    What is the exception to the rule that inadequacy of the price does not affect the contract?

    <p>When expressly provided by law</p> Signup and view all the answers

    What is the term for the use of serious or irresistible force to wrest consent?

    <p>Violence</p> Signup and view all the answers

    What is the primary purpose of granting scholarships?

    <p>To reward merit or help gifted students in whom society has an interest</p> Signup and view all the answers

    What is the remedy by which a written instrument is made or construed to express the true intention of the parties?

    <p>Reformation of instruments</p> Signup and view all the answers

    What is the minimum number of requisites required for the reformation of instruments?

    <p>3</p> Signup and view all the answers

    What is presumed by the law when an insurer approves an insurance application?

    <p>The insurer considered the personal qualification of the insured</p> Signup and view all the answers

    What is the consequence of a contract having an interest rate of 50%?

    <p>It is void and reduced for being contrary to morals</p> Signup and view all the answers

    What is NOT a ground for the cancellation of a non-life policy?

    <p>The insured's change of occupation</p> Signup and view all the answers

    What is the right protected by the constitution in the case of Saura vs. Sindico?

    <p>The right to be elected in public office</p> Signup and view all the answers

    What is the result of disparity in a written instrument?

    <p>The instrument can be reformed to reflect the true intention of the parties</p> Signup and view all the answers

    What is a characteristic of a contract of insurance?

    <p>It can have any terms and conditions agreed upon by the parties</p> Signup and view all the answers

    What is the principle behind the granting of scholarships according to the case of Cui vs. Arellano?

    <p>To reward merit or help gifted students in whom society has an interest</p> Signup and view all the answers

    What can an insured NOT do without the insurer's consent?

    <p>Assign rights under a property policy</p> Signup and view all the answers

    What is the consequence of prohibiting a losing candidate in a convention from running as an independent candidate?

    <p>It is a violation of the right to be elected in public office</p> Signup and view all the answers

    What is a result of a physical change in the property insured?

    <p>The property becomes uninsurable</p> Signup and view all the answers

    What is a consequence of a willful or reckless act or omission?

    <p>The risk insured against is increased</p> Signup and view all the answers

    What is a consequence of a conviction of a crime arising out of acts increasing the hazard insured against?

    <p>The policy is cancelled</p> Signup and view all the answers

    What type of contract is a contract of insurance?

    <p>Synallagmatic</p> Signup and view all the answers

    Study Notes

    Sources of Obligations

    • Obligations derived from law are not presumed, only those expressly determined in the Code or special laws are demandable.
    • Law is the primary source of obligations.

    Contracts

    • A contract is a meeting of minds between two persons, whereby one binds himself to give something or to render some service.
    • Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

    Rights and Obligations of Multiple Parties

    • Solidary obligation: each debtor/creditor is liable/entitled to demand for the entire obligation.
    • Joint obligation: each of the debtors is liable only for a proportionate part of the debt or each.

    Kinds of Fruits

    • Natural fruits: spontaneous product of the soil, young and other products of animals.
    • Industrial fruits: those derived from human intervention, cultivation, or labor.
    • Civil fruits: those derived from the juridical relation of parties.

    Remedies for Breach of Obligations

    • Cause: the essential or impelling reason why a party assumes an obligation.
    • Onerous cause: for each contracting party, the prestation or promise of a thing or service by the other.
    • Gratuitous cause: mere liberality of the benefactor.
    • Remuneratory cause: service or benefit already rendered.

    Rules on Cause

    • Contracts without cause, or with unlawful cause, produce no effect whatever.
    • The statement of a false cause in contracts shall render them void, if it should not be proved that they were founded upon another cause which is true and lawful.

    Mistake and Violence

    • Mistake does not vitiate consent, except:
      • Mistake as to the object of the contract.
      • Mistake as to the conditions which have principally moved one or both parties to enter into the contract.
      • Mistake as to the identity or qualifications of one of the parties when such identity or qualifications have been the principal cause of the contract.

    Reformation of Instruments

    • Reformation: is the remedy by means of which a written instrument is made or construed to express or conform to the true intention of the parties when some error or mistake has been committed.
    • Requisites: meeting of the minds, written instrument, and the written instrument does not reflect the true intention of the parties.

    Mutuality

    • Rescission/Cancellation of insurance contracts:
      • Grounds for cancellation: non-payment of premium, fraud or material misrepresentation, physical changes in the property insured, conviction of a crime, willful or reckless acts, and determination by the Insurance Commissioner that the policy would violate the Insurance Code.

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