Quiz 3: Write your answer on a 1 whole yellow paper. Good for 1 hour.

Erasures not allowed except on Items # 1 to 5 and #18.

Define or give the meaning of the following: 2 points each

1. Conjunctive obligation
2. Solidary obligation
3. Indivisible obligation
4. Joint penal clause

5. State the legal effects in case:

A. Some of the objects of the obligation are lost through the fault of the creditor who has the right of choice. 2 points
B. All are lost through his fault. 2 points

6. When the debtor binds himself to pay when his means permit him to do so, the obligation is:
A. Conditional
B. With a penal clause
C. Solidary
D. With a period

7. In alternative obligations, the right of choice as a rule belongs to the:

A. Debtor
B. Creditor
C. Both the debtor and the creditor whoever exercises it first.
D. Neither the debtor nor the creditor because the parties must stipulate on who has the right of choice.

8. A promissory note reads as follows:

“I promise to pay Joao Medina or order the sum of p9,000”
(sgd.) Tristan Murillo (sgd.) Tony Constantino (sgd.) Niel Valencia

Note: Niel Valencia is insolvent

How much may Joao Medina collect from Tristan Murillo?
A. P9,000
B. P6,000
C. P3,000
D. Nothing, because the note is void, since it says “I promise to pay” yet is signed by three persons.

9. These statements concerning obligations with a penal clause are presented to you:
I. As a rule, the debtor may exempt himself from the performance of the principal obligation by just paying the penalty.
Ii. As a rule, the creditor can demand the fulfilment of the principal obligation and the penalty at the same time.
In your evaluation of the foregoing statements:
A. Both statements are true
B. Both statements are false
C. Only statement i is true
D. Only statement ii is true

For items 10 to 13. 2 points each

A, B, C and D are indebted to X, Y and Z, in the amount of 24,000.
10. If the debtors are joint debtors and the creditors are joint creditors, X may collect from A: __________________________.
11. If the debtors are joint debtors and the creditors are solidary creditors, X may collect from A: __________________________.
12. If the debtors are solidary debtors and the creditors are joint creditors, X may collect from A: __________________________.
13. If there is mixed solidarity, X may collect from A: __________________________.

For items 14 to 17. Write true if true or false if false.

14. Under article 1204, the creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are
alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible. The indemnity shall be
fixed taking as a basis the value of the last thing disappeared, or that of the service which last became impossible. Above rules applies when
the right of choice belongs to the debtor and the loss or impossibility happened after the choice was communicated to the creditor.
15. A joint creditor in a joint indivisible obligation may validly renounce or condone the whole obligation.
16. The nullity of the penal clause in an obligation carries with it the nullity of the principal obligation.
17. In a joint indivisible obligation, a demand made by one of the joint creditors against all the joint debtors is a valid demand.

18. A, B and C are solidary liable to D. For their failure to pay, D filed a complaint in court but only against C. Has C the right to demand that A
and B be also included as party defendant? 2 points.