Philippine Bar Exam: Obligations and Contracts 1988-2016
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Questions and Answers

Which of the following best describes the effect of a suspensive condition on an obligation?

  • It consolidates the juridical relation
  • It extinguishes the obligation
  • It imposes immediate fulfillment of the obligation
  • It creates a hope or expectancy of acquiring rights (correct)
  • How does the fulfillment of a resolutory condition affect an obligation?

  • It imposes immediate fulfillment of the obligation
  • It creates a hope or expectancy of acquiring rights
  • It extinguishes the obligation (correct)
  • It consolidates the juridical relation
  • What is the impact of an unfulfilled suspensive condition on rights?

  • Rights are not yet acquired, but there is a hope or expectancy to acquire them (correct)
  • Rights are extinguished
  • Rights are acquired subject to the threat of extinction
  • Rights are consolidated
  • How are rights affected by an unfulfilled resolutory condition?

    <p>Rights are acquired subject to the threat of extinction</p> Signup and view all the answers

    What is the main difference between suspensive and resolutory conditions with regard to obligations?

    <p>Suspensive conditions create a hope or expectancy, while resolutory conditions impose immediate fulfillment</p> Signup and view all the answers

    What is the difference between alternative and facultative obligations?

    <p>Alternative obligations involve multiple objects or prestations, but only one needs to be performed, while facultative obligations involve the obligation to perform one prestation with a right to choose another as substitute.</p> Signup and view all the answers

    In a solidary obligation, what is each debtor bound to do?

    <p>Each debtor is bound to render entire compliance with the prestation which constitutes the object of the obligation.</p> Signup and view all the answers

    What defines a joint obligation?

    <p>A joint obligation involves the concurrence of several creditors or debtors, by virtue of which each creditor has a right to demand only a proportionate part of the credit, while each debtor is liable for the payment of only a proportionate part of the debt.</p> Signup and view all the answers

    What characterizes a solidary obligation?

    <p>It involves several creditors or debtors, by virtue of which each creditor has a right to demand and each debtor is bound to render entire compliance with the prestation.</p> Signup and view all the answers

    How are alternative obligations defined?

    <p>As juridical relations which comprehend several objects or prestations which are due, but the payment or performance of one of them would be sufficient.</p> Signup and view all the answers

    What are obligations under the Civil Code which give the creditor a right of action in courts of justice to enforce their performance known as?

    <p>Civil obligations</p> Signup and view all the answers

    What is the Latin word from which the term 'obligation' is derived?

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

    In bilateral obligations, the parties are reciprocally debtors and creditors. What does this mean?

    <p>The obligations of one party are contingent on the fulfillment of the other party's obligations.</p> Signup and view all the answers

    How does Manresa define the term 'obligation'?

    <p>A legal relation established between one party and another</p> Signup and view all the answers

    What is the juridical tie in an obligation, according to the text?

    <p>The agreement or contract that is the source of the obligation</p> Signup and view all the answers

    What aspect of obligation does Article 1156 stress in the Civil Code definition?

    <p>Passive aspect</p> Signup and view all the answers

    What represents the sum of money given as a compensation for the injury or harm suffered by the creditor for the violation of his rights, according to the text?

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

    Why is an obligation considered a juridical necessity?

    <p>In case of non-compliance, courts can enforce it</p> Signup and view all the answers

    What are obligations not based on positive law but on equity and natural law, and do not grant a right of action to enforce their performance known as?

    <p>Natural obligations</p> Signup and view all the answers

    What does obligation emphasize in its passive aspect?

    <p>Duty of the debtor or obligor</p> Signup and view all the answers

    Study Notes

    Effect of Conditions on Obligations

    • A suspensive condition renders an obligation uncertain until the condition is fulfilled.
    • A resolutory condition terminates an obligation when fulfilled.
    • An unfulfilled suspensive condition prevents the obligation from taking effect.
    • An unfulfilled resolutory condition maintains the obligation.

    Types of Obligations

    • Alternative obligations offer the debtor a choice between two or more performances.
    • Facultative obligations give the debtor the option to perform or not.

    Solidary and Joint Obligations

    • In a solidary obligation, each debtor is liable for the entire debt.
    • In a joint obligation, debtors are liable for their proportionate share.

    Definition and Characteristics

    • An obligation is a juridical tie that binds two or more persons.
    • According to Manresa, an obligation is a legal bond that arises from a voluntary act.
    • Article 1156 of the Civil Code emphasizes the duty to render a determinate performance.

    Compensation and Juridical Necessity

    • Damages represent the sum of money given as compensation for injury or harm suffered.
    • An obligation is considered a juridical necessity, as it is essential for social order.

    Natural Obligations

    • Obligations not based on positive law but on equity and natural law are called natural obligations.
    • Natural obligations do not grant a right of action to enforce their performance.

    Passive Aspect of Obligation

    • Obligation emphasizes the duty to render a determinate performance in its passive aspect.

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    Description

    Test your knowledge of obligations and contracts with questions from the Philippine Bar Examinations spanning from 1988 to 2016. This question focuses on distinguishing between suspensive and resolutory conditions and their effects on obligations.

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