NAME: __________________________________________
Delivery is essential to acquire real
TRUE OR FALSE. WRITE TRUE IN THE SPACE
PROVIDED BEFORE THE NUMBER IF THE
STATEMENT IS CORRECT AND FALSE IF
OTHERWISE. 2 POINTS EACH.
______1. Article 1156 is an incomplete definition
because it only refers to the credit side.
______2. The term juridical necessity connotes
that in case on noncompliance, there will be legal
sanctions.
______3. Article 1156 covers not only civil
obligation but natural obligation as well.
______4. One characteristic of an obligation is that
it creates tie that are by nature not transitory.
______5. Active subject in an obligation is the
obligor.
______6. Passive subject in an obligation is the
creditor.
______7. The active and passive subjects are also
known as vinculum.
______8. The prestation of an obligation is the
specific or generic thing.
______9. The vinculum binds the personal
elements.
______10. To give is a kind of prestation that
involves all kinds of work or service.
______11. An obligation is a juridical necessity to
do, to give and not to give.
______12. A prestation may or may not be
physically possible, so long as it is juridically
possible.
______13. A prestation must be determinate at all
times.
______14. A prestation must have a possible
monetary equivalent.
______15. Obligations derived from law are not
presumed.
______16. Obligations arising from contracts have
the force of law between the contracting parties
and should be complied with in good faith.
______17. Article 1159 is also known as the
principle of autonomy of will which provides that
parties can stipulate anything so long as the
terms and conditions are contrary to law, morals
and public policy.
______18. As a general rule, contracts are
perfected by mere consent.
______19. Every person obliged to give something
is also obliged to take care of it with extra
ordinary diligence.
______20. An obligation to give may refer to a
determinate or indeterminate object.
______21. An example of a determinate object in
an obligation is one of my car.
______22. An indeterminate thing is something
that is not particularize but has reference to a
class or genus.
______23.
rights.
______24. Obligation to deliver arises at the
perfection of contract if there is no
term/condition.
______25. The creditor has the right to the fruit of
the thing from the time to deliver arises.
______26. Pure obligations are immediately
demandable.
______27. Real tradition contemplates the
actual delivery of the thing from the hand
of the grantor to the hand of the grantee.
______28. Tradition Instrumental consist of
delivery of certain symbol.
______29. Real right is power that is
enforceable against the whole world.
______30. In case of default and the thing
is indeterminate or generic, the creditor
may ask that the obligation be complied
with at the expense of the debtor.
______31. Demand is generally necessarily,
even if a period has been fixed in the
obligation.
______32. In reciprocal obligation, neither
party incurs in delay if the other does not
comply with what is incumbent upon him.
______33. Compensatio Morea exist if the
creditor fails to accept the payment from
the debtor.
______34. In case of Mora Solvendi, the
debtor may be held liable for damages or
interest.
______35. Mora Accipiendi is the delay in
the performance of an obligation on the
part of the debtor.
______36. Renunciation by the creditor
may be implied or express.
______37. There is implied renunciation
when the creditor, even after delay, grants
an extension of time.
______38. As a general rule, Fortuitous
events absolve the creditor from liability.
______39. An obligation consisting of the
delivery of a generic thing shall be
extinguished when the said thing is lost
without the fault of the obligor and before
he is in default.
______40. In case of non-payment by the
debtor, the creditor may subrogate
himself with the debtors rights.
______41. The creditor has the right to
impugn the acts of the debtor that are
made to defraud them.
______42. As a general rule, all rights
acquired in virtue of an obligation are
transmissible.
______43. Personal right are by nature
transmissible.
______44. An example of a determinate ______47. The object or prestation is the
thing is a black Toyota fortuner. building.

Under a building contract, X bound himself ______48. The juridical tie is the
to build a house for Y for P3,000,000. P3,000,000.

______45. The passive subject in the ______49. A real obligation is an obligation

above example is X. to perform.
______46. The active subject is Y.
______50. Diligence of a good father is the
default standard of care.