Term 1 of 100
43. A owes B two debts, both of which are already due. The first debt is secured by a mortgage,
the second is not. A tells B that the payment he is now making should be applied to the second
debt instead of the first, which is correct?
B cannot refuse the application because the preference of the debtor must be followed
B may refuse such application on the ground that the first debt is more burdensome to the
debtor
B may refuse such application because the payment shall be applied proportionately
B can not refuse the application if the first debt is "older" than the second
Term 2 of 100
5. Unless the law or the stipulation of the parties require another standard of care, every person
obliged to give something is also obliged to take care of it with the proper diligence -
Observing utmost care
Of a father of a good family
Observing ordinary diligence
Observing extraordinary care
,Term 3 of 100
85. For the prima facie presumption of knowledge of insufficiency of funds or credit at the time of
the issuance of the check under Batas Pambansa Blg 22 to arise, it is necessary to prove that -
The check is presented within five (5) days from the date of the check.
The check is presented within thirty (30) days from the date of the check
The check is presented within ninety (90) days from the date of the check.
The check is presented within sixty (60) days from the date of the check.
Term 4 of 100
95. What refers to monetary claims against the debtor under the "Financial Rehabilitation and
Insolvency" Law?
Involuntary Proceedings
Lien
Assets
Liabilities
Term 5 of 100
72. Maria tried to appoint Juan as her agent. However, Juan refused. What are the obligations of
Juan, if any?
A. Notify Maria that he is declining the agency
B. Preserve the goods forwarded to him, if any, until the principal appoints an agent
C. Both A and B
D. Juan has no obligation to since he declined the appointment as agent
,Term 6 of 100
29. In Facultative obligations, if substitution has been made, which of the following is false?
No answer text provided.
No answer text provided.
The loss of the original prestation is immaterial
The obligation is extinguished
Term 7 of 100
65. Statement No.1: Mutual promise to marry if orally entered into is unenforceable
Statement No.2: Violence or intimidation shall not annul the obligation, if it was employed
by a third person who did not take part in the contract
Both are true
No.1 is false; No. 2 is true
No.1 is true; No. 2 is false
Both are false
Term 8 of 100
77. To secure an obligation for P10,000, Maria pledged 100 shares of stock of OsCorporation in
favor of Juan. As Maria defaulted, Juan sold at a public auction the said shares of stock previously
delivered to him by Maria. In the auction sale, the shares were sold to Pedro for P15,000.
However, it turned out that after the pledge but before the auction, Maria sold and transferred
the shares to Lea. Who acquires ownership of the shares?
Juan
Lea
Pedro
Maria
, Term 9 of 100
9.When does the obligation to deliver arise? Answer 1 - If there is no term or condition, then from
the perfection of the contract Answer 2 - If there is a term or condition, then from the moment the
term arrives or the condition happens
True, false
True, true
False, true
False, false
Term 10 of 100
61. Three of the following are rescissible, which is not?
Those agreed upon in representation of absentees, if the absentee suffers lesion by more
than 1/4 of the value of the property subject of the contract
None of the above
Sale of property under litigation made by defendant without the knowledge of plaintiff and
authority of the court
Those made to defraud creditors when the creditors has no other means to recover his
claim
Term 11 of 100
6. The creditor has a right to the fruits of the thing -
From the time the obligation to deliver it arises
From the time the fruits have been delivered
From the perfection Of the contract
From the time there is meeting of the minds
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller stuuviaa. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.