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This document contains 10 true/false questions regarding legal concepts in obligations and contracts. For each question, the document provides the answer and an explanation. Some of the key concepts covered include: - The sources of obligations being exclusive and enumerated in Article 1157 - Quasi-delict and delict and their differences in scope - The two principal types of quasi-contracts being negotiorum gestio and solutio indebiti - The obligee having the right to fruits from the perfection of a contract - The difference between tradicion constitutum possessorium and tradicion brevi manu - Ownership transferring by the mere perfection of a contract according to Italian and French doctrine

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davis lizarda
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41 views

Course Hero 5

This document contains 10 true/false questions regarding legal concepts in obligations and contracts. For each question, the document provides the answer and an explanation. Some of the key concepts covered include: - The sources of obligations being exclusive and enumerated in Article 1157 - Quasi-delict and delict and their differences in scope - The two principal types of quasi-contracts being negotiorum gestio and solutio indebiti - The obligee having the right to fruits from the perfection of a contract - The difference between tradicion constitutum possessorium and tradicion brevi manu - Ownership transferring by the mere perfection of a contract according to Italian and French doctrine

Uploaded by

davis lizarda
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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True or False. If your answer is true, explain why it is true.

If your answer is false, rectify or


restate the false statement to make it true.

1) The enumeration of the sources of obligations is not exclusive. Thus, no obligations exists if
its source is not one of those enumerated in Article 1157.
Answer: False
The enumeration of the sources of obligations is exclusive. Thus, no obligations exist if its
source is not one of those enumerated in Article 1157.

2) The duty of the convict to pay actual damages for causing the death of a person is an
instance of an obligation arising from quasi-delict or culpa aquiliana.
Answer: False
The duty of the convict to pay actual damages for causing the death of a person is an instance
of an obligation arising from acts or omissions punished by law.

3) Quasi-contract is a meeting of the minds between two persons whereby one binds himself,
with respect to the other, to give something or to render some service.
Answer: False
A contract is a meeting of the minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service.

4) The 2 principal kinds of quasi-contract are negotiorum gestio and solutio indebiti.
Answer: True
Based on my research, the 2 kinds of quasi-contracts are Solutio Indebiti, which exist when
something is received or when there is no right to demand it, or if it was unduly delivered
through mistake, and Negotiorum Gestio, which exist when one voluntary takes charge of the
agency or management of the business or propert of another, or without any power from the
latter.

5) Every person criminally liable for a felony is also civilly liable. This principle is not subject to
any exception.
Answer: True
Acts or omissions punished by law are civil liability that is arised and it is the consequences of
the criminal offense commited.

6) Quasi-delict is a broader in scope than delict


Answer: True
Article 2176 of the civil code defines that a quasi-delict is limited only to negligent acts or
omissions and excludes the notion of willfulness or intent. While Delict deals only with
intentional acts that are criminal in nature, quasi-delict deals with much smaller conflicts and
accidents.

7) The obligee has the right to the fruits of the property from the moment of the perfection of the
contract creating the said right.
Answer: True
The active subject, also called the obligee or the creditor, has the right or power to demand the
said obligation.

8) Extraordinary diligence is also known as the diligence of a good father of a family.


Answer: False
Ordinary care is also known as the diligence of a good father of a family.

9) Tradicion constitutum possessorium is the opposite of tradicion brevi manu.


Answer: True
Tradicion constitutum possessorium is where an item is sold by a seller to a buyer, but the item
is still kept by the seller. This is done with the agreement of the both parties. While the tradicion
brevi manu is when the buyer already have the item before they actually buys it.

10) Ownership is transferred by the mere perfection of the contract. Our law adheres to the
Italian and French doctrine of transfer of ownership by mere consent.
Answer: True
Article 1315 states that contracts are perfected by mere consent, and form that moment the
parties are bound not only to the fulfillment of what has been expressly stipulated but also to all
the consequences which, according to their nature, may be in keeping with good faith, usage
and law.

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