Oblicon Midterms PDF

OBLICON – REVIEWER 15. When the fulfillment of the condition depends upon the sole will of the debtor, the The following statements are correct: condition...

OBLICON – REVIEWER 15. When the fulfillment of the condition depends upon the sole will of the debtor, the The following statements are correct: conditional obligation shall be void. 1. The Supreme Court is the highest court in the 16. Under the Doctrine of Constructive Philippines. Compliance, the condition shall be deemed 2. The executive department is tasked to fulfilled when the debtor voluntarily prevents its implement the laws enacted by congress. fulfillment. 3. The definition of an obligation in Article 1156 17. The power to rescind under Article 1191 merely covers the obligation of the obligor. shall be applicable to reciprocal obligations, in Hence, incomplete. case one of the parties does not comply with his undertaking. 4. A prestation is the conduct to be observed by the debtor. 18. The remedies under Article 1191 are alternative in nature. 1 5. A real obligation may be compelled by court action in case of non-compliance of the debtor 9. If there is no stipulation whatsoever, the right of choice in an alternative obligation shall 6. One of the sources of an obligation is quasi- pertain to the debtor. delict. 20. The choice of a party in an alternative 7. Obligations arising from contracts have the obligation shall produce no effect except from force of law between the parties and should be the time it has been communicated to the other complied with in good faith. party. 8. If the thing to be delivered is generic, the 21. In case the right of choice belongs to the creditor may ask that the obligation be complied debtor, the contract may be rescinded if the with at the expense of the debtor. debtor cannot make a choice according to the 9. A person obligated to render a specific service terms of the obligation. to the creditor may not be compelled even court 22. In facultative obligation, there is only one action to do so if he does not want to do it in the prestation agreed by the parties, but the obligor first place. may render another in substitution. 10. In an obligation not to do and the debtor 23. It is the executive branch to which President does what has been forbidden, there may be Ferdinand Marcos Jr. belongs. instances when what was has been done cannot be undone by the debtor. 24. Fruits may either be natural, industrial or civil. 11. A presumption which cannot be disputed is called conclusive presumption. 25. As a rule, the obligation to deliver the fruits arises from the moment of perfection of the 12. The failure of debtor X to enforce payment contract. from his debtors will entitle the creditor of debtor X to make use of the remedy of accion 26. The Chief Justice is the head of the judicial subrogatoria. department. 13. As a rule, all rights acquired in virtue of an 27. A determinate thing is one which is obligation are transmissible, if there has been particularly designated or physically segregated no stipulation to the contrary. from all others of the same class. 14. A pure obligation is one whose fulfillment does not depend upon a condition whatsoever. The following statements are NOT correct: 41. The rule that there will be no delay if there will be no demand is an absolute rule. 28. Only congress can enact laws. 42. The fraud that will entitle the aggrieved 29. Vice President Sara Z. Duterte may party to payment of damages only refers to likewise sit as the Speaker of the House if causal fraud. President Ferdinand Marcos Jr. so directs. 43. A waiver of an action for past fraud is void. 30. The enumeration of the sources of an obligation in Article 1157 is exclusive as there 44. Loss of a thing due to a fortuitous event are other sources. always renders the debtor not liable. 31. All kinds of obligations may be enforced in 45. A condition is a future or uncertain event or the court of law in case of non-compliance. a past event unknown to the parties. 32. The Speaker of the House is appointed by 46. A period or a term is a future and an the members of the senate by majority vote of uncertain event. all its members. 47. An alternative obligation is synonymous 33. A president can be a senate president at with a facultative obligation. the same time if the Filipinos voted him for the 48. A creditor may allow the debtor to receive two positions. part of one and part of the other undertaking in 34. The active subject in an obligation is called an alternative obligation. the debtor. 49. Bilateral obligations are synonymous with 35. The passive subject in an obligation is reciprocal obligations. called the creditor. 50. A natural obligation is a juridical necessity 36. Negotiorum gestio is the involuntary to give, to do or not to do. management of the property rights or affairs of another. 37. Every person obliged to give an indeterminate thing is required to take care of it with the proper diligence of a good family as in case of its loss, the obligation will be extinguished in accordance with the principle genus nunquam peruit. 38. The diligence to be observed in taking care of the thing to be delivered must at all times be that of a diligence of a good father of a family. 39. In a contract of sale, the ownership over the object of the sale is automatically transferred to the buyer from the moment of perfection. 40. No person shall be liable for an event which cannot be foreseen, though foreseen, is inevitable.  MEANINGS 15. Compensatio morae – reciprocal obligations 1. Prestation – subject matter of the 16. Determinate thing – specific thing obligation 17. Obligation with period - the period(s) 2. Legal delay – failure to perform an of time during which the Participant is obligation on time which failure required to fulfill his obligation constitutes a breach of the obligation 18. Negotiorum gestio – voluntary 3. Passive subject (debtor) – bound to management of the property the fulfillment of the obligation; who has 19. Fortuitous event – any event which duty cannot be foreseen; can be act of God 4. Efficient cause (juridical tie) – source or act of human of the obligation 20. Specific performance - an equitable 5. Generic real obligation – obligation (to remedy in the law of contract, whereby a give) to deliver a generic thing; can be court issues an order requiring a party to performed by a third person perform a specific act, such as to 6. Condition – from the word itself complete performance of the contract. 7. Term - the conditions and warranties agreed upon between parties to the contract 8. Suspensive condition – obligation arises upon the fulfillment of the condition or arrival of the item 9. Resolutory condition – one the fulfillment of which will extinguish an obligation (or right) already existing EX. if someone promises to pay for a car repair, the failure to repair the car would relieve the person of the promise to pay. 10. Conclusive presumption – cannot be contradicted, like the presumption that everyone is conclusively presumed to know the law 11. Disputable presumption – can be contradicted or rebutted 12. Quasi-contract – voluntary and unilateral act 13. Quasi-delict – damage caused by fault or negligence 14. Potestative condition – a condition suspensive anad which depends upon the sole will one of the contracting parties EX. if one party promises to pay the other party only if they feel like it,