Prelim LAW

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PRE-TEST

Please answer the pre-assessment to check your knowledge about obligation.

Directions: From the four given options, encircle the letter of the correct answer.

1. It is something that one must give or do, or not do.


a. contract b. obligation c. debtor d. role

2. Someone who is under the law obliged to perform a certain


obligation.
a. creditor b. banker c. debtor d. contractor

3. A legal agreement between companies or individuals.


a. debt b. credit c. contract d. promise

4. A person, bank, or company who can demand performance of an obligation.


a. debtor b. creditor c. promisor d. contractor

5. It is an intentional proposition to evade the normal fulfilment of an obligation.


a. culpa b. fraud c. negligence d. delay
Activity 1.1: ‘I AM AN OBLIGATION!’

Direction: Do what is required.

1. What is meant by obligation?

2. Give an example of the following:


a. Obligation to give

b. Obligation to do

c. Obligation not to do

3. Explain the essence of juridical necessity.

4. When can the obligee claim damages? Why?


ACTIVITY 1.2.a: “YOU OBLIGE ME”

Direction: Complete the information chart below by giving a concise explanation for each
element.

OBLIGATION
Vinculum Juris/
Juridical Tie/Efficient Active Subject Passive Subject Object/Prestation
Cause
ACTIVITY 1.2.b: “YOU OBLIGE ME”

Direction: Draw a caricature showing the following:


a. Obligation to give
b. Obligation to do
c. Obligation not to do
ACTIVITY 3.1.a: “WHY AM I OBLIGED? ”

Direction: Obligations are coming from different sources. Give five (5) sources of obligation.
Write them in the boxes provided below and write a short discussion for each.

OBLIGATION
Activity 3.1.b: ‘WHAT AM I?’

Direction:
 Compare the two kinds of an obligation arising from quasi-contract.

Negotiorum gestio… Solutio indebiti…

vs

 Under Negotiorum gestio, what is the obligation of the owner of the business or
property which he abandoned and managed by someone he didn’t authorize and
incurred expenses in the management of the same?

 What is your obligation when someone gives you something you do not have the
right to demand for it? Why?

 Define contract.

 When is a contract valid?


Activity 4.1.a.: ‘I CARE AS A FATHER!’

Direction:
 Give the two (standards of care of a thing to be delivered. Give their distinction.

1. 2.

 Who is a creditor and debtor?

 When is the debtor not liable for his failure to deliver the thing due?

 When does the right of the creditor to the fruits of the thing due arise?
Activity 4.1.b: ‘YOU FILL ME UP!

Directions:

 Below are incomplete statements, you need to fill in the relevant information to
complete them.

1. Before the delivery, the creditor, in an obligation to give, has….....

2. Spontaneous product of the soil is a ……….

3. Delivery which is symbolical in essence refers to…….

4. Ownership is transferred by………..

5. Right of a person over specific thing without a passive subject…….

6. Debtor is not liable if his failure…..

7. Delivery of a thing from the hand of the grantor to the hand of the grantee is…..

8. Produced by lands of any cultivation is an…..

9. Once the thing and the fruits are delivered, then the creditor has…..

10. Personal right is enforceable …..


ASSESSMENT:

A. Multiple choice

Directions: Read each statement carefully. Write your answers in a separate sheet.

1. It is a juridical necessity to give, to do and not to do.


a. contract b. obligation b. object d. agreement
2. The fact, prestation or service which constitutes the of the obligation.
a. role b. contract c. object d. subject
3. An obligation based on equity.
a. civil obligation b. natural obligation c. legal obligation d. quasi obligation
4. It is something that binds the parties to the contract which may arise from bilateral or
unilateral acts of persons.
a. Active subject b. juridical tie c. obligation d. contract
5. The person who can demand fulfilment of the obligation.
a. debtor b. active subject c. passive subject d. bank
6. Known as the obligor or debtor against whom the obligation is juridically demandable.
a. banker b. passive subject c. active subject d. creditor
7. Obligation which is based on positive law and is enforced by court action.
a. natural obligation b. civil obligation c. actual obligation d. quasi obligation
8. The other term for debtor.
a. creditor b. banker c. obligor d. active subject
9. Creditor is otherwise know as .
a. obligor b. obligee c. banker d. debtor
10. An obligation may arise from the crime committed, which among the four is the source of
obligation for the crime committed?
a. contract c. quasi-contracts
b. acts or omissions punished by law d. quasi-delicts

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