Philippine Bar Exam: Obligations and Contracts 1988-2016

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20 Questions

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

It creates a hope or expectancy of acquiring rights

How does the fulfillment of a resolutory condition affect an obligation?

It extinguishes the obligation

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

How are rights affected by an unfulfilled resolutory condition?

Rights are acquired subject to the threat of extinction

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

Suspensive conditions create a hope or expectancy, while resolutory conditions impose immediate fulfillment

What is the difference between alternative and facultative obligations?

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.

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

Each debtor is bound to render entire compliance with the prestation which constitutes the object of the obligation.

What defines a joint obligation?

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.

What characterizes a solidary obligation?

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.

How are alternative obligations defined?

As juridical relations which comprehend several objects or prestations which are due, but the payment or performance of one of them would be sufficient.

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?

Civil obligations

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

Obligatio

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

The obligations of one party are contingent on the fulfillment of the other party's obligations.

How does Manresa define the term 'obligation'?

A legal relation established between one party and another

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

The agreement or contract that is the source of the obligation

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

Passive aspect

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?

Damages

Why is an obligation considered a juridical necessity?

In case of non-compliance, courts can enforce it

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?

Natural obligations

What does obligation emphasize in its passive aspect?

Duty of the debtor or obligor

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.

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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