1. WHICH OF THE FOLLOWING IS NOT AN ELEMENT OF LEGAL COMPENSATION?
a. There is controversy or adverse claim over any debts to be compensated
b. Debts to be compensated are due and demandable
c. There are two or more debts of the same kind
d. There are two or more persons who are creditor or debtors of each other
2. IF THE OBLIGATION OF THE DEBTOR IS "I WILL PAY YOU MY DEBT AFTER I HAVE ARRIVED
FROM ABROAD," THIS IS:
a. with a period b. conditional c. void d. unenforceable
3. THIS CONTRACT IS WITHOUT EFFECT UNLESS RATIFIED:
a. Contract of sale between two insane persons
b. Contract of sale between husband and wife
c. Donation between husband and wife
d. Marriage between first degree cousins
4. IT IS A MODE OF EXTINGUISHING AN OBLIGATION WHEN TWO PERSONS IN THEIR OWN
RIGHT ARE CREDITORS OF EACH OTHER.
a. Confusion b. Compensation c. Novation d. Reformation
5. "A SELLS TO B HIS LOT AND HOUSE IN THE CITY IF A DECIDES TO TRANSFER AND LIVE IN
THE COUNTRYSIDE" IS AN EXAMPLE OF:
a.Potestative Condition b. Resolutory Condition c. Casual Condition d. Mixed Condition
6. CONTRACTS ENTERED INTO IN A STATE OF DRUNKENNESS OR DURING A HYPNOTIC SPELL
ARE:
a. Voidable b. Legal c. Valid d. Void
7. THROUGH INSIDIOUS WORDS OR MACHINATIONS, A WAS ABLE TO INDUCE B TO ENTER INTO
A CONTRACT WHICH WITHOUT THEM B WOULD NOT HAVE AGREED TO IT. THERE IS
a. Misinterpretation b. Mistake c. Undue Influence d. Fraud
8. DELAY IN THE GIVING OR DELIVERING OF A THING
a. Mora accipiende ex re
b. Mora solvendi ex re
c. Mora accipiende ex persona
d. Mora solvendi ex persona
9. RESCISSION OF CONTRACT CAN TAKE PLACE IN THIS CASE
a. When the seller cannot return the installments paid to him by the buyer
b. When the party seeking resolution can perform only as to part and as to remainder
c. When the thing which is the object of the contract is legally in the possession of a third person who
acted in bad faith
d. When he who demands rescission can return whatever he may be obliged to restore
10. WHICH OF THE FOLLOWING STATEMENTS IS FALSE?
a. An obligation to pay a certain amount in ten annual installments is divisible
b. Execution of a certain number of days of work shall be divisible
c. Obligations to give definite things and those that are not susceptible of partial
performance shall be deemed divisible.
d. Accomplishment of work by metrical units are divisible
11. AN INSTRUMENT MAY BE REFORMED
a. When the real agreement is void
b. When the instrument does not express the true intention of the parties due to mistake
c. Simple donations inter vivos wherein no condition is imposed
d. Wills
12. A DEFECTIVE CONTRACT WHERE DAMAGE OR LESION IS ESSENTIAL
a. Unenforceable b. Rescissible c. Void d. Voidable
13. CONTRACTS WHICH CANNOT BE SUED UPON UNLESS RATIFIED, THUS IT IS AS IF THEY
HAVE NO EFFECT YET ARE
a. Void b. Voidable c. Unenforceable d. Rescissible
14. A CONTRACT IS IN THE STAGE OF CONCEPTION WHEN:
a. There is meeting of the minds.
b. The contract is perfected.
c. The parties come to an agreement
d. Negotiations are in progress.
15. WHEN THE CHARACTERS OF THE CREDITOR AND THE DEBTOR ARE MERGED IN ONE AND
THE SAME PERSON, THERE IS EXTINGUISHMENT OF THE OBLIGATION BY
a. Merger of Rights b. Compensation c. Remission d. Novation
16. THREE OF THE FOLLOWING CONTRACTS ARE VOID. WHICH ONE IS NOT?
a. Written contract contemplating impossible services
b. Oral contract of partnership of three partners and capital contribution is more than
P3,000 in cash
c. Oral contract of partnership where real estate is contributed as capital
d. Agent's authority to sell land is given orally.
17. WHICH OF THE FOLLOWING CONTRACTS IS NOT VOID AB INITIO?
a. That whose object did not exist at the time of transaction
b. That which contemplates an impossible service
c. That which is undertaken in fraud of creditors
d. Those whose object is outside the commerce of men
18. WHEN A THIRD PERSON ASSUMES THE PAYMENT OF THE OBLIGATION EVEN WITHOUT THE
KNOWLEDGE AND CONSENT OF THE DEBTOR BUT WITH THE CONSENT OF THE CREDITOR
a. There is delegation if debtor is released
b. There is subrogation
c. There is expromission if debtor is released
d. There is novation
19. WHEN THE DEBTOR BINDS HIMSELF TO PAY WHEN HIS MEANS PERMIT HIM TO DO SO, THE
OBLIGATION IS:
a. Simple b. With a Period c. Conditional d. Pure
20. IF THE OBLIGOR BINDS HIMSELF TO PERFORM HIS OBLIGATION AS SOON AS "HE SHALL
HAVE OBTAINED A LOAN" FROM A CERTAIN BANK, THIS OBLIGATION IS:
a. With a term b. Conditional c. Suspensive d. Resolutory
