Pointers-Finals

1. What is obligation?
2. What is the meaning of Juridical Necessity?

3. Distinguish natural and civil obligations.
4. What are the essential requisites of an obligation? Define each.
5. What are the five sources of obligation? Explain each.
6. What is Negotiorum gestio?
7. What is solutio indebiti?
8. What is the difference between a generic thing and a determinate thing?
9. Explain the rule of “no demand no delay”. Give the exceptions.
10. What are the kinds of delay?
11. What are the requisites of legal delay?
12. What is fortuitous event?
13. What are the requisites in order that a person will not be responsible for loss or damage resulting
from a fortuitous event? Give the exceptions.
14. Distinguish positive obligation from negative obligation.
15. Differentiate Pure and conditional obligations.
16. Differentiate Alternative and facultative obligations.
17. Differentiate Joint and solidary obligations.
18. What is an Obligation with a penal clause?
19. What is a condition?
20. Differentiate condition and period.
21. What is a suspensive condition?
22. What is a resolutory condition?
23. When are obligations immediately demandable?
24. If the condition depends exclusively upon the will of the creditor, the obligation is void. True or
false? Explain.
25. What if the condition partly depends upon the will of the debtor and partly upon the will of a third
person, or upon chance? Is it valid? Explain.
26. What is impossible condition?
27. What will happen if the obligor voluntarily prevents the fulfillment of the condition?
28. What is a potestative condition?
29. What is a casual condition?
30. What is a mixed condition?
31. Define obligation with a period.
32. Define suspensive period.
33. Define resolutory period.
34. What will happen if the obligation does not fix a period, but from its nature and the circumstances
it can be inferred that a period was intended?
35. Who has the right to choose in an alternative obligation?
36. What is the exception to the above rule, where creditor may choose?
37. What is the effect if in an alternative obligation, among the various prestations only one is
practicable?
38. What is the presumption as to the liability of parties in case of plurality of subjects or there are 2
or more creditors or 2 or more debtors?
39.
40.
41. What are the three instances when a liability will be treated as solidary?
42.
43.
44. What are the kinds of solidarity? Explain each.

45.
46.
47. Is solidarity and Indivisibility the same? Explain.
48. What is the meaning of Joint Indivisible Obligations?
49. What is a penal clause?
50. Can the creditor ask the payment for indemnity for damages even if there is already a penalty
provided in the agreement?
51. May a penalty replace or be a substitute for the performance of the obligation?
52. What are the causes of extinguishment of an obligation as provided under the law?
53. Define payment.
54. What are the requisites in order that payment will produce the extinguishment of an obligation?
55. May a creditor be compelled to accept partial payment or performance?
56. May a creditor be compelled to accept payment from a third person
57. What if the payment was made by a third person without the knowledge or against the will of the
debtor?
58. What if the payment was made with the consent of the debtor?
59. What is legal tender?
60. If a creditor accept payment thru check, is the obligation automatically extinguished?
61. Distinguish Dation in payment from Payment by Cession.
62. What are the requisites of dation in payment?
63. What are the requisites of payment by cession?
64. What is consignation?
65. What are the requirements in order for consignation to be valid?
66. What are the instances when consignation alone is sufficient
67. Define Application of Payment?
68. When is a thing considered lost?
69. What are the requisites in order that the loss of the thing will extinguish the obligation?
70. What are the instances where the debtor will still be liable for the loss of the thing even if it is due
to Fortuitous Event?
71. What are the requisites of condonation or remission?
72. What is the meaning of confusion or merger of rights? Give the requisites of confusion?
73. Define compensation.
74. What are the requisites of legal compensation?
75. Define novation. Give the requisites.
76. What is the dual function or purpose of novation?
77. What is a contract?
78. Distinguish Contract and Agreement.
79. What are the limitations on the freedom of contract or the autonomy of contracts?
80. A borrowed money from B in the amount of 1M. A died before B could collect the amount owed
to him by A. C, the only son of A, inherited the house and lot left by A. B demanded from C the
payment of the 1M loan obtained by A. C told B that he cannot be held to answer for the obligation
of his mother since it is not him who borrowed that money and he did not obtain any benefits
from that amount. Is the argument of C correct?
81. What is a principal contract?
82. What is an accessory contract?
83. What is a consensual contract?
84. What is a real contract?
85. What is a solemn or formal contract?
86. What are the stages of a contract? Explain each.
87. What are the essential requisites of a contract?
88. Dillon asked Max if he can borrow an amount of 10k so he can buy new books for school purposes.
Max agreed and told Dillon that he will lend 10k as long as Dillon will pay it within 1 month and
they will put their agreement in writing, which Dillon agreed. Max gave the 10k to Dillon. After a
week, Max asked Dillon to sign an agreement, but Dillon was out of town so he was not able to
sign the agreement. A month after, Max asked Dillon for the payment of 10k, but Dillon told Max
that they don’t have a contract and that he is not obliged to pay the 10k, because he thought that
the amount given is only an act of liberality on the part of Max, that he need not pay back. Is there
a contract between Max and Dillon?
89. How is consent manifested?
90. What is an offer?
91. If the offerer has allowed the offeree a certain period to accept, may the offer be withdrawn before
acceptance?
92. What if the offerer has allowed the offeree a certain period to accept and there is consideration
or payment made for that, may the offer be withdrawn before acceptance?
93. What is an option contract?
94. Can a minor give consent to a contract?
95. How about insane or demented persons, and deaf-mutes who do not know how to write, can they
give consent to a contract?
96. What is the status of a contract entered into where one of the parties is incapable of giving
consent?
97. Is a contract entered into by an insane or demented person during a lucid interval valid?
98. What is the status of a contract entered into where both of the parties are incapable of giving
consent?
99. What may be the object of a contract? Give the requisites.
100. What are the vices of consent? Explain each.
101. When is there violence?
102. When is there intimidation?
103. Distinguish violence from intimidation.
104. When is there undue influence?
105. When is there fraud?
106. What is causal fraud?
107. What are the requisites of causal fraud?
108. What is incidental fraud?
109. Differentiate absolute and relative simulation of contract.
110. What is the rule regarding the form of contracts? Give the exceptions.
111. Give examples of contracts where form is required for validity.
112. Define reformation of instruments.
113. What are the four kinds of defective contracts?
114. What is the prescriptive period for filing action for rescission? Discuss.
115. What is a voidable contract?
116. Enumerate the contracts that are voidable under the law.
117. What is the prescriptive period for filing an action for annulment? Discuss.
118. Define unenforceable contracts.
119. Distinguish unenforceable contracts from rescissible and voidable contracts.
120. What contracts are unenforceable under the law?
121. When does an unenforceable contract becomes a voidable contract?
122. Differentiate void from an inexistent contract.
123. Give the characteristics of a void contract.
124. Enumerate void or inexistent contracts.

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1. What is obligation?

2. What is the meaning of Juridical Necessity?

44. What are the kinds of solidarity? Explain each.

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