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When a thing is designated merely by its class or genus
without any particular designation or physical segregation
from all others of the same class
LAW ON BUSINESS AND INCOME TAXATION (De La Salle University)
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When a thing is designated merely by its class or genus without any particular designation or physical
segregation from all others of the same class.
Indeterminate thing.
Al has been missing for sometime leaving no one to manage his properties. Bo and Cyrus jointly took
charge of the management thereof. However, due to the fault of Bo, the properties of Al were
damaged. The liability therefore to Al for damages shall be_____________.
Both shall be solidarily liable
The following are the essential elements of an obligation, except:
PRESENTATION
All of the following except one are civil liabilities arising from crime.
IMPRISONMENT
Daryl is the driver of the passenger bus which is owned and operated by Osni. While Daryl is driving
said bus, it met an accident through his negligence where Prots, a passenger, was injured. Daryl is
liable to Prots for damages which arises from.
Culpa contractual
When a thing is particularly designated or physically segregated from all other of the same class.
SPECIFIC THING
It is one of the essential elements of an obligation
AN OBJECT OR PRESTATION
It refers to certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly
enriched or benefited at the expense of another.
QUASI-CONTRACT
I. The object of civil law is the redress of wrong by compelling compensation or restitution.
II. In case of crimes, the main object of the law is to punish the wrong doer.
BOTH ARE TRUE
It is a juridical relation whereby a person may demand from another the observance of a
determinative conduct, and in case of breach, may demand satisfaction from the assets of the latter.
OBLIGATION
X by mistake delivered to A and B a sum of money which should have been delivered to C and D. X
now demand the return of the same from A and B. The liability of the latter for the sum of money to
which they are not entitled shall be:
A AND B SHALL BE LIABLE SOLIDARITY
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lOMoARcPSD|10990645
I. Obligation to do is also known as negative personal obligation.
II. Obligation not to do is otherwise known as positive personal obligation.
BOTH ARE FALSE
It is a rule of conduct, just, obligatory, promulgate by legitimate authority, and of common observance
and benefit.
LAW
A civil liability which involves the return of the object of the crime whenever possible, plus allowances
for any deterioration or diminution of value as may be determined by the court to the rightful ownerRESTITUTION
I. An obligation “to do” includes all kinds of work or service.
II. An obligation “to give” is a prestation which consists in the delivery of a movable or an immovable
thing.
BOTH ARE TRUE
It the act or omission by which a party violates a right of another.
CAUSE OF ACTION
It is a claim or title to an interest is anything whatsoever that is enforceable by law.
RIGHT
A wrong committed independent of contract and without criminal intent isCulpa aquiliana
Three of the following are requisites of an obligation. Which is the exception?
DELIVERY
When Al voluntarily takes charge of the neglected business of Bo without the latter’s authority where
reimbursement must be made for necessary and useful expenses, there is a.
NEGOTIORUM GESTIO
D owes C P200,000 but the debt had already prescribed. If D, knowing that it has prescribed,
nevertheless paid C, he cannot later on get back what he voluntarily paid C. This is an example of a
NATURAL OBLIGATION
Which of the following is not considered as quasi-contract?
None of the above
When in fact manager has been tacitly authorized by the owner
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Obligations arising from contracts have the force of law between the contracting parties and should
be complied with in good faith. From perfection, 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. This is known as the principle of:
OBLIGATORY FORCE OF CONTRACT AND COMPLIANCE
There is no negotiorum gestio in one of these instances:
I. When the property or business is not neglected or abandoned.
II. If in fact the manager has been tacitly authorized by the owner.
BOTH ARE TRUE
It is a meeting of minds between two persons whereby one binds himself, with respect to the other, to
give something or to render some service.
Contracts;
Obligation of the debtor to deliver a thing, movable or immovable, to the creditor.
Obligation to give
It refers to an act or omission which causes damage to another, there being fault or negligence. The
parties has no pre-existing contractual relation.
QUASI-DELICT
I. An obligation is a power, privilege, or immunity guaranteed under a construction, statute or
decisional law, or recognized as a result of long usage, constitutive of a legally enforceable claim of
one person against the other.
II. For every right enjoyed by any person, there is a corresponding obligation on the part of another
person to respect such right.
ONLY II is TRUE
A juridical relation known as negotiorum gestio takes place.
WHEN A PERSON VOLUNTARILY TAKES CHARGE OF ANOTHER’S ABANDONED BUSINESS OR PROPERTY
Where X voluntarily takes charge of the neglected business of Y without the latter’s authority where
reimbursement must be made for necessary and useful expenses, there is a:
NEGOTIORUM GESTIO
Daryl owes Cris P100. By mistake Daryl pays Cris P1,000. Cris must return the P900. This is an example
of.
SOLUTIO INDEBTI
The following are requisites of quasi-delict, except:
DAMAGE SUFFERED BY DEFENDANT
The officious manager or gestor is liable for any fortuitous event, except .
IF HE HAS UNDERTAKEN RSIKY OPERATIONS WHICH THE OWNER
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If something is received when there is no right to demand it, and it was unduly delivered through
mistake, the obligation to return it arises.
SOLUTION INDEBTI
The obligation of the employer to pay death benefits and funeral expenses for his employee’s death
while in the course of employment as sanctioned by the Workmen’s Compensation Act is one that
arises from:
LAW
When Al voluntarily takes charge of the neglected business of Bo without the latter’s authority where
reimbursement must be made for necessary and useful expenses, there is a.
NEGOTIORIUM GESTO
It is one by which a party sues another for the enforcement or protection of a right, or the prevention
or redress of a wrong.
CIVIL ACTION
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Which of the following is not an obligation arising from law?
CONTRACT
A wrong committed independent of a contract and with criminal intent.
CULPA CRIMINAL
A mango tree in the land of Osni is reclining towards the road. All of a sudden, without a storm or an
earthquake or even a strong wind, the tree fell hitting a car belonging to Yassie causing a P20,000
damage. The liability of Osni to Yassie arises from.
Quasi-delict
Whoever voluntarily takes charge of the agency or management of the business or property of
another, without any power from the latter, is obliged to continue the same until the termination of
the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a
position to do so.
Negotiorum gestio
A system of norms or rules of a character general and common which regulate the relations of
persons, individual or collective, and which protects the person in his personality as well as his
interest both moral and patrimonial.
Civil Law
X has been missing for some time leaving no one to manage his properties. A and B jointly took charge
of the management thereof. However, due to the negligence of A, the properties of X for damages
shall be:
Both shall be solidarily liable
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In delict or acts or omissions punished by law, what is not included in civil liability?
Interest
It is a juridical necessity to give, to do or not to do.
Obligation
The duty not to recover what has been voluntarily paid although payment was no longer required:
Natural Obligation
I. Negligence is the failure to observe that degree of care, precaution, and vigilance that the
circumstances justly demand.
II. Negligence is the failure to observe for the protection of the interests of another person that
degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other
person suffers injury.
BOTH ARE TRUE
Culpa aquiliana as distinguished from culpa contractual
The negligence of the defendant is merely an incident in the performance of the obligation.
The source of liability is the defendant's...............itself
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