which of the following is not included in the attributes of juridical capacity

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  • 8/9/2019 Which of the Following is NOT Included in the Attributes of Juridical Capacity

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    OBLIGATIONS AND CONTRACTS COMPILED REVIEWER

    Which of the following is NOT included in the attributes of juridical capacity?

     Juridical capacity is inherent in every natural person, and therefore it is not acquired.

     Juridical capacity is lost only through death.

     Juridical capacity is the tness to be the subject of legal relations.

    d! Juridical capacity cannot e"ist without capacity to act.

    Which of the following is NOT a restriction on one#s capacity to act?

    $inority

    $arriage

    %eaf&'ute

    (ivil )nterdiction

     This attribute or incident of a case deter'ines whether it is a con*ict&of&laws case or one covered by

    do'estic law.

    (ause of action

    +oreign ele'ent

     Jurisdiction

    +oru' non conveniens

     The capacity of an heir to succeed shall be governed by the

    national law of the decedent#s heirs

    law of the country where the decedent was a resident at the ti'e of his death

    national law of the person who died

    -aw of the country where the properties of the decedent are located.

    tty. /01O, a +ilipino, e"ecuted a will while he was in 2pain. The attestation clause of the said will does not

    contain /u3o4s signature. )t is valid under 2panish law. t its probate in $anila, it is being opposed on the

    ground that the attestation clause does not contain /01O4s signature is the opposition correct? (hoose the

    best answer..

     5es, because it is a fatal defect.

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    OBLIGATIONS AND CONTRACTS COMPILED REVIEWER

     5es, the will is not valid under 6hilippine law.

    No, attestation clause is not an act of the testator.

    No, the governing law is 2panish law.

    7a'on, a +ilipino, e"ecuted a will in $anila, where he left his house and lot located in /+ 8o'es 6aranaque

    in favor of his +ilipino son, 7a'gen. 7a'on4s other children 7J and 7a'ona, both Tur3ish nationals, are

    disputing the bequest tb 7a'gen. They plotted to 3ill 7a'gen. 7a'on learned of the plot, so he tore his

    will in two pieces out of anger. Which state'ent is 'ost accurate?

     The 'ere act of 7a'on 2r. is i''aterial because the will is still readable.

     The 'ere act of tearing the will a'ounts to revocation.

     The tearing of the will 'ay a'ount to revocation if coupled with intent of revo3ing it.

     The act of tearing the will is 'aterial.

    9ven if the applicable law is a foreign law, a court in the 6hilippines 'ay be constrained to apply 6hilippine

    law under any of the following instances, e"cept

    when the foreign law, judg'ent or contract is contrary to a sound and i'portant public policy of the foru':

    b! When the property subject of the case is located outside of the 6hilippines:

    when the foreign law or judg'ent is penal in nature:

    When the foreign law is procedural in nature.

    )f a will is e"ecuted by a testator who was born a +ilipino citi;en but beca'e a naturali;ed Japanese citi;en

    at the ti'e of his death, what law will govern its testa'entary provisions if the will is e"ecuted in (hina

    and the property being disposed is located in )ndonesia?

    (hinese law

    6hilippine law

    )ndonesian law

     Japanese law

    Japanese national and a +ilipino national entered into a contract for services in Thailand. The services will

    be rendered in 2ingapore. )n case of breach, what law will govern?

     Thailand law

    6hilippine law

    2ingapore law

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    OBLIGATIONS AND CONTRACTS COMPILED REVIEWER

     Japanese law

    6edro

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    'erican law

    6hilippine law

    (anadian law

     Japanese law

    +rench national revo3es his will in Japan where he is do'iciled. 8e then changed his do'icile to the

    6hilippines where he died. The revocation of his will in Japan is valid under Japanese law but invalid under

    6hilippine law. The a=ected heir is a $alaysian national residing in the 6hilippines. What law will apply?

     Japanese law

    6hilippine law

    +rench law

    $alaysian law

    )n the absence of contrary stipulation in a 'arriage settle'ent, property relations of +ilipino spouses shall

    be governed by &&&

    6hilippine laws

    -aw of the place where the spouses reside

    -aw of the place where the properties are situated

    -aw of the place where they were 'arried.

     The will of a +ilipino e"ecuted in a foreign country&&&

    cannot be probated in the 6hilippines:

    'ay be probated in the 6hilippines provided that properties in the estate are located in the 6hilippines:

    cannot be probated before the death of the testator:

    'ay be probated in the 6hilippines provided it was e"ecuted in accordance with the laws of the place

    where the will was e"ecuted.

    6edro

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    ustralian law

     Japanese law

    @>A!

    )n >BAB, (harice , >BBE. They had two

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    7ic3y and 6rincess were sweethearts. 6rincess beca'e pregnant. 1nowing that 7ic3y is preparing for the

    bar e"a'inations, $arforth, a lawyer and cousin of 6rincess, threatened 7ic3y with the ling of a co'plaint

    for i''orality in the 2upre'e (ourt, thus preventing hi' fro' ta3ing the e"a'inations unless he 'arries

    6rincess. s a consequence of the threat, 7ic3y 'arried 6rincess. (an the 'arriage be annulled on the

    ground of inti'idation under rticle G of the +a'ily (ode? (hoose the best answer.

     5es, because without the threat, 7ic3y would not have 'arried 6rincess.

     5es, because the threat to enforce the clai' of 6rincess vitiates the consent of 7ic3y in contracting the

    'arriage.

    No, because the threat 'ade by $arforth is just and legal.

    No, because. $arforth is not a party to the contract of 'arriage between 6rincess and 7ic3y.

    udrey, single, bought a parcel of land in $alolos (ity fro' +ranco for 6> $illion. contract was e"ecuted

    between the' which already vested upon udrey full ownership of the property, although payable in

    'onthly install'ents for a period of four

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    Doid, because the consular oHcial only has authority to sole'ni;e 'arriages between +ilipinos.

    Dalid, because according to the laws of ustralia, such consular oHcial has authority to celebrate the

    'arriage.

    Doidable, because there is an irregularity in the authority of the consular oHcial to sole'ni;e 'arriages.

    Dalid, because such 'arriage is recogni;ed as valid in the place where it was celebrated.

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    2eparation of property between spouses during the 'arriage 'ay ta3e place only

    by agree'ent of the spouses.

    if one of the spouses has g>ven ground for legal separation.

    upon order of the court.

    if one spouse has abandoned the other.

     The husband 'ay i'pugn the legiti'acy of his child but not on the ground that

    the wife is suspected of indelity.

    the husband had a serious illness that prevented hi' fro' engaging in se"ual intercourse.

    they were living apart.

    he is physically incapable of se"ual intercourse.

    'arriage is void if

    sole'ni;ed with a 'arriage license issued without co'plying with the required >C&day posting.

    sole'ni;ed by a 'inister who' the parties believe to have the authority.

    between parties both EF years of age but without parental advice.

    none of the above

    )n legal separation, which is not correct?

     The aggrieved spouse 'ay le. the action within ve

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    c. One half shall belong to the husband as nder and the other half shall belong to the wife as owner of the

    property.

    d. a and b

    Which of the following 'arriages is void for reasons of public policy?

    a. /etween brothers and sisters, whether of the full or half blood.

    b. /etween step&parents and step children.

    c. /etween. parents&in&law and children&in&law.

    d. band c

     The following constitute the di=erent circu'stances or cases of fraud w.hich will serve as ground for the

    annul'ent of a 'arriage, e"cept?

    Non&disclosure of the previous conviction by nal judg'ent of the other party of a cri'e involving 'oral

    turpitude.

    (onceal'ent of a se"ually&trans'issible disease, regardless of its nature, e"isting at the ti'e of the

    'arriage.

    (onceal'ent of drug addiction, habitual alcoholis', ho'ose"uality or lesbianis' e"isting at the ti'e of

    'arnage.

    (onceal'ent by the wife or the husband of the fact of se"ual relations prior to the 'arriage.

    Which of the following is not a requisite for a valid donation propter nuptias?

     The donation 'ust be 'ade before the celebration of the 'arriage.

     The donation shall be auto'atically revo3ed in case of non&celebration of the 'arriage.

     The donation 'ust be 'ade in consideration of the 'arriage.

     The donation 'ust be 'ade in favour of one or both of the future spouses.

    Who are illegiti'ate children?

    (hildren conceived or born outside a valid 'arriage.

    (hildren born under a valid 'arriage, which was later declared void because of the psychological

    incapacity of either or both of the spouses.

    (hildren conceived and born outside a valid 'arriage.

    (hildren born under a valid 'arriage, but the parents later obtained a legal separation.

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    n illegiti'ate child 'ay use the surna'e of his father when his liation is established in any of the

    following instances, except: 

    +iliation has been recogni;ed by the father through the record of birth appearing in the civil register

    d'ission of.liation by the father in a public docu'ent.

    6rivate handwritten instru'ent is 'ade by the father ac3nowledging his liation.

    Hdavit by the 'other stating the na'e of his true father.

    0nder 7 ACGF, an adopter is required to be at least K years old and K years older than the child to be

    adopted at the ti'e of the application unless the adopter is the parent by nature of the child.

    FC and >

    EL and >I

    C and >C

    >A and >

    0nder 7 ACGF, a child qualied to be adopted is any person below Kyears old.

    >A

    E>

    >

    >I

    Which of the following %O92 NOT result in per'anent ter'ination of parental authority?

    %eath of the parents.

    %eath of the child.

    9'ancipation of the child.

    (onviction of the parents of a cri'e which carries with it the penalty of civil interdiction.

     The court, in an action led for the purpose, 'ay suspend parental authority if the parent or the person

    e"ercising parental authority co''its any of the following acts, except: 

     Treats the child with e"cessive harshness or cruelty.

    Mives the child corrupting orders, counsel or e"a'ple.

    (o'pels the child to ta3e up a course in college against hisher will.

    2ubjects the child or allows hi' to be subjected to acts of lasciviousness.

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    Which of the following state'ents is wrong? 

     The possessor in bad faith shall rei'burse the fruits received and those which the legiti'ate possessor

    could have received.

     The possessor in bad faith has a right of rei'burse'ent for necessary e"penses and those for the

    production, gathering and preservation of the fruits.

     The possessor in bad faith is not entitled to a refund of orna'ental e"penses.

     The possessor in bad faith is entitled to a refund of useful e"penses.

    Which phrase 'o.st accurately co'pletes the state'ent & The e"penses incurred in i'prove'ents for purelu"ury or 'ere pleasure shall not be refunded to the possessor in bad faith

    but he 'ay re'ove the objects for which such e"penses have been incurred, provided that the thing

    su=ers no injury thereby, and that the lawful possessor does not prefer to retain the'.

    and he 'ay not re'ove the objects for which such e"penses have been incurred.

    and he 'ay not re'ove the objects for which such e"pense@ have been incurred, unless he pays the value

    they 'ay have at the ti'e he entered into possession.

    but he 'ay re'ove the objects for which such e"penses have been incurred.

     The following are the li'itations on the right of ownership i'posed by the owner hi'self, except: 

    Will2uccession

    $ortgage

    c! 6ledge

     d -ease

    plenary action for the recovery of the possession of real estate, upon 'ere allegation and proof of a

    better right thereto, and without allegation of proof of title. This action can only be brought after the

    e"piration of one < >! year. What action is being referred to?

    a. ccion publiciana

    b. ccion reinvindicatoria

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    c. ccion interdictaP

    d. Quieting of Title

    ction to recover real property based on ownership. 8ere, the object is the recovery of the do'inion over

    the property as owner. What action is being referred to?

    ccion publiciana

    ccion reinvindicatoria

    ccion interdictaP

    Quieting of Title

    su''ary action to recover physical or 'aterial possession only and 'ust be brought within one < >! year

    fro' the ti'e the cause of action arises. What action is being referred to?

    ccion publiciana

    ccion reinvindicatoria

    ccion interdictaP

    Quieting of Title

     The following things are property of public do'inion, e"cept

    ports and bridges constructed by the 2tate.

    vehicles and weapons of the r'ed +orces of the 6hilippines.

    rivers.

    lands reclai'ed by the state fro' the sea.

    Which of the following state'ents is wrong? 

    6atri'onial property of the state, when no longer intended for public use or for public service, shall

    beco'e property of public do'inion.

    ll property of the 2tate, which is not of public do'inion, is patri'onial property.

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     The property of provinces, cities and 'unicipalities is property.

    6roperty is either of public do'inion or of private ownership.

     The following cannot as3 for the reduction of inoHcious donation, e"cept

    (reditors of the deceased

    %evisees or legatees

    (o'pulsory heirs of the donor

     The surviving spouse of the donee.

    %onation is perfected fro' the 'o'ent &&&

    the donee accepts the donation.

    the donor e"ecutes the deed of donation.

    the donor 3nows of the donee4sacceptance even if the latter has not received the copy of the deed of

    donation.

    the donee conr's that the donor has learned the for'er4sacceptance.

     The following are the ele'ents of an obligation, e"cept

     Juridical-egal Tie

    ctive subject

    6assive subject

    (onsideration

    )t is a conduct that 'ay consist of giving, doing, or not doing so'ething.

    Obligation

     Juridical necessity

    6restation

    (ontract

    )t is a juridical relation arising fro' lawful, voluntary and unilateral acts based on the principle that no one

    should unjustly enrich hi'self at the e"pens@ of another.

    Quasi&contract

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    Quasi&delict

    (ontract

    %elict

     The following are the ele'ents of quasi&delict, e"cept

    ct or o'ission

    +au )tnegligence

    %a'ageinjury

    6re&e"isting contract

    debtor is liable for da'ages in case of delay if he is guilty of any of the following, e"cept

    default

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    %elay

    $ista3e

     The following are the requisites of fortuitous event, e"cept

    (ause is independent of the will of the debtor.

     The event is unforeseeable/unavoidable. 

    Occurrence renders it absolutely impossible for the debtor to fulll his obligation in a nor'al 'anner:

    i'possibility 'ust be absolute not partial, otherwise not force 'ajeure.

    %ebtor contributed to the aggravation of the injury to the creditor.

    I. debtor 'ay still be held liable for loss or da'ages even if it was caused by a fortuitous event in any

    of the following instances, except:

     The debtor is guilty of dolo, 'alice or bad faith, has pro'ised the sa'e thing to two or 'ore persons who

    do not havethe sa'e interest

     The debtor contributed to the loss.

     The thing to be delivered is generic.

     The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of the obligation.

    /u3o, +er'in and Toti bound the'selves solidarily to pay yee the a'ount of 6,CCC.CC. 2uppose /u3o

    paid the obligation, what is his right as against his co&debtors?

    /u3o can as3 for rei'burse'ent fro' +er'in and Toti.

    /u3o can sue +er'in and Toti for da'ages.

    /u3o can sue for rescission ..

    /u3o can clai' a refund fro' yee.

    /u3o, +er'in and Toti bound the'selves solidarily to pay yee the su' o'f  6>C.CCC.CC. When the

    obligation beca'e due and de'andable, yee sued /u3o for the pay'ent of the 6>C,CCC.CC. /u3o 'oved

    to dis'iss on the ground that there was failure to i'plead +er'in and Toti who are indispensable parties.

    Will the 'otion to dis'iss prosper? Why?

     5es, because +er'in and Toti should have been i'pleaded as their obligation is solidary.

    No, because the creditor 'ay proceed against any one of the solidary debtors or so'e or all of the'

    si'ultaneously.

    No, because a 'otion to dis'iss is a prohibited pleading.

     5es, because +er'in and Toti should also pay their share of the obligation.

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    B. /u3o, +er'in and Toti are solidarily debtors of yee. Twelve E! years after the obligation beca'e due

    and de'andable, /u3o paid yee and later on as3ed for rei'burse'ent of +er'in#s and Toti#s shares. )s

    /u3o correct? Why?

    a! No, because the obligation has already prescribed.

    b! 5es, because the obligation is solidary.

    c! No, because in solidary obligation any one of the solidary debtors can pay the entire debt.

    d! 5es, because +er'in and Toti will be unduly enriched at the e"pense of /u3o.

    IC. /u3o, +er'in and Toti are solidary debtors under a loan obligation of 6 FCC,CCC.CC which has fallen

    due. The creditor has, however, condoned +er'in#s entire share in the debt. 2ince Toti has beco'e

    insolvent, the creditor 'a3es a de'and on /u3o to pay the debt. 8ow 'uch, if any, 'ay /u3o be

    co'pelled to pay?

    a! 6 ECC.CCC.CC

    b! 6 FCC,CCC.CC

    c! 6 >CC,CCC.CC

    d! 6 >C,CCC.CC

    I>. %ina bought a car fro' Jai and delivered a chec3 in pay'ent of the sa'e. 8as %ina paid the

    obligation? Why?

    a! No, not yet. The delivery of pro'issory notes payable to order, or bills of e"change or other

    'ercantile docu'ents shall produce the e=ect of pay'ent only when they have been cashed, or

    when through the fault of the creditor they have been i'paired.

    b! 5es, because a chec3 is a valid legal tender of pay'ent.

    c! )t depends. )f the chec3 is a 'anager#s chec3 or cashier#s chec3 it will produce the e=ect of

    pay'ent. )f it#s an ordinary chec3, no pay'ent.

    d! 5es, because a chec3 is as good as cash.

    IE. The following are the requisites of legal co'pensation, except:

    a! That each of the obligors is bound principally and that he be the sa'e ti'e a principal creditor of 

    the other.

    b! That both debts consist in a su' of 'oney, or if the things due are consu'able, they be the

    sa'e 3ind, and also of the sa'e quality if the latter has been stated.

    c! That the two

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    a! Obligatory force of contracts

    b! $utuality of contracts

    c! utono'y of contracts

    d! 7elativity of contracts

    I. )t is a principle which holds that contracts 'ust be binding to both parties and its validity ande=ectivity can never be left to the will of one of the parties.

    a! Obligatory force of contracts

    b! $utuality of contracts

    c! utono'y of contracts

    d! 7elativity of contracts

    II. )t refers to the rule that a contract is binding not only between parties but e"tends to the heirs,successors in interest, and assignees of the parties, provided that the contract involved trans'issible

    rights by their nature, or by stipulation or by law.

    a! Obligatory force of contracts

    b! $utuality of contracts

    c! utono'y of contracts

    d! 7elativity of contracts

    IL. )t is rule which holds that the freedo' of the parties to contract includes the freedo' to stipulate,

    provided the stipulations are not contrary to law, 'orals, good custo's, public order or public policy.

    a! Obligatory force of contracts

    b! $utuality of contracts

    c! utono'y of contracts

    d! 7elativity of contracts

    IA. The following are the ways by which inno'inate contracts are regulated, except:

    a! /y the stipulation of the parties.

    b! /y the general principles of quasi&contracts and delicts

    c! /y the rules governing the 'ost analogous no'inate contracts.

    d! /y the customs of the place.

    IB. n o=er beco'es ine=ective on any of the following grounds, except

    a! %eath, civil interdiction, insanityinsolvency of either party before acceptance is conveyed.

    b! cceptance of the o=er by the o=eree.

    c! Qualiedconditional acceptance of the o=er, which beco'es counter&o=er.

    d! 2ubject 'atter beco'es illegali'possible before acceptance is co''unicated.

    LC. Which of the following state'ents is correct?

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    a! O=ers in interrelated contracts are perfected upon consent.

    b! O=ers in interrelated contracts require a single acceptance.

    c! Business advertisements are denite o=ers that require specic acceptance.

    d! Advertisements for Bidders are only invitations to 'a3e proposals and the advertiser is not

    bound to accept the highestlowest bidder, unless it appears otherwise.

    L>. The following are solemn contracts 

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    a! )f there is an agree'ent in writing to the e=ect.

    b! s a 'atter of course.

    c! )f the a'ount borrowed is very large.

    d! )f the lender so de'ands at the 'aturity date.

    LL. The liability of the school, its ad'inistrators and teachers, or the individual, entity or institutionengaged in child care over the 'inor child or da'age caused by the acts or o'issions of the

    une'ancipated 'inor while under their supervision, instruction or custody shall be

    a! Joint and subsidiary

    b! 6rincipal and solidary

    c! 6rincipal and joint

    d! 2ubsidiary and solidary.

    LA. The creditor has the right to the fruits of the thing fro' the ti'e

    a! the thing is delivered.

    b! the obligation to deliver the things arises.

    c! the contract is perfected.

    d! the fruits are delivered.

    LB. )f one of the parties to the contract is without juridical capacity, the contract is

    a! voidable

    b! rescissible

    c! void

    d! unenforceable

    AC. When both parties to the contract are 'inors, the contract is

    a! voidable

    b! rescissible

    c! void

    d! unenforceable

    A>. When the consent of one of the parties was vitiated, the contract is

    a! voidable

    b! rescissible

    c! void

    d! unenforceable

    AE. n obligation which is based on equity and natural law is 3nown as

    a! pure

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    b! quasi&contract

    c! civil

    d! natural

    AF. (onsent was given by one in representation of another but without authority. The contract is

    a! voidable

    b! rescissible

    c! void

    d! unenforceable

    AG. $ichael +er'in, without the authority of 6ascual -acas, owner of a car, sold the sa'e car in the na'e

    of $r. -acas to tty. /u3o. The contract between tty. /u3o and $r. -acas is &&&

    a! void because of the absence of consent fro' the owner, $r. -acas.

    b! valid because all of the essential requisites of a contract are present.

    c! unenforceable because $ichael +er'in had no authority but he sold the car in the na'e of $r.

    -acas, the owner.

    d! rescissible because the contract caused lesion to tty. /u3o.

    A. Which of the following contracts is void?

    a! n oral sale of a parcel of land.

    b! sale of land by an agent in a public instru'ent where his authority fro' the principal is oral.

    c! donation of a wrist watch worth 6 G,CC.CC.

    d! relatively si'ulated contract.

    AI. Which of the following e"presses a correct principle of law? (hoose the best answer.

    a! +ailure to disclose facts when there is a duty to reveal the', does not constitute fraud.

    b! Diolence or inti'idation does not render a contract annullable if e'ployed not by a contracting

    party but by a third person.

    c! threat to enforce one#s clai' through co'petent authority, if the clai' is legal or just, does not

    vitiate consent.

    d! bsolute si'ulation of a contract always results in a void contract.

    AL. ligada orally o=ered to sell his two&hectare rice land to /alane for 6 >C$illion. The o=er was orally

    accepted. /y agree'ent, the land was to be delivered

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    AA. Which of the following state'ents is wrong?

    a! (reditors are protected in cases of contracts intended to defraud the'.

    b! (ontracts ta3e e=ect only between the parties, their assign and heirs, e"cept in case where the

    rights and obligations arising fro' the contract are not trans'issible by their nature, or by

    stipulation or by provision of law.

    c! )f a contract should contain so'e stipulation in favor of a third person, he 'ay de'and itsfulll'ent provided he co''unicated his acceptance to the obligor before its revocation.

    d! )n contracts creating real rights, third persons who co'e into possession of the object of the

    contract are not bound thereby.

    AB. Which phrase 'ost accurately co'pletes the state'ent S ny third person who induces another to

    violate his contract

    a! shall be liable for da'ages only if he is a party to the sa'e contract.

    b! shall be liable for da'ages to the other contracting party.

    c! shall not be liable for da'ages to the other contracting party.

    d! shall not be liable for da'ages if the parties are in pari delicto.

    BC. The requisites of succession are as follows, except:

    a! %eath of decedent

    b! Trans'issible estate

    c! 9"istence and capacity of successor, designated by decedent or law

    d! 6ay'ent of Ta"es

    B>. The characteristics of succession are as follows, except:

    a! )t is a legal contract.

    b! Only property, rights and obligations to the e"tent of the value of the inheritance are

    trans'itted.

    c! The trans'ission ta3es place only at the ti'e of death.

    d! The trans'ission ta3es place either by will or by operation of law.

    BE. The following rights are e"tinguished by death, except:

    a! -egal support

    b! 6arental authority

    c! 7ight to inherit

    d! gency

    BF. The attestation clause contains the following, except:

    a! the nu'ber of pages used:

    b! that the testator signed or caused another to sign the will and every page thereof in the

    presence of the instru'ental witnesses:

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    c! notary public:

    d! the instru'ental witnesses witnessed and signed the will and all the pages thereof in the

    presence of the testator and one another.

    BG. The following are the for'alities required in the e"ecution of holographic will, except:

    a! 9ntirely written:

    b! %ated:

    c! 2igned by testator himself 

    d! Notari;ed by a notary public.

    B. The following are the grounds for disallowance of wills, except:

    a! The for'alities required by law have not been co'plied with.

    b! The testator was insane or 'entally incapable of 'a3ing will.

    c! The will was e"ecuted through force or under duress, or in*uence of fear or threats.

    d! The will contains an attestation clause.

    BI. )t is the o'ission in the testator#s will of one, so'e or all of the co'pulsory heirs in direct line, whether

    living at the ti'e of e"ecution of the will or born after the death of the testator. What principle is being

    referred to?

    a! reserva troncal

    b! preterition

    c! deico''issary

    d! disposicion captatoria

    BL. ny disposition 'ade upon the condition that the heir shall 'a3e so'e provision in his will in favor of

    the testator or of any other person shall be void. 8ere, both the condition and the disposition are void.

    What principle is being referred to?

    a! reserva troncal

    b! preterition

    c! deico''issary

    d! disposicion captatoria

    BA. Which phrase 'ost accurately co'pletes the state'ent S )f at the ti'e the contract of sale is

    perfected, the thing which is the object of the contract has been entirely lost

    a! the buyer bears the ris3 of loss.

    b! the contract shall be without any e=ect.

    c! the seller bears the ris3 of loss.

    d! the buyer 'ay withdraw fro' the contract.

    BB. contract granting a privilege to a person, for which he has paid a consideration, which gives hi' the

    right to buy certain 'erchandise or specied property, fro' another person, at anyti'e within the agreed

    period, at a "ed price. What contract is being referred to?

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    a! Option (ontract

    b! (ontract to 2ell

    c! (ontract of 2ale

    d! -ease

    >CC. Which of the following contracts of sale is void?

    a! 2ale of 9M$#s car by 176, 9M$#s agent, whose authority is not reduced into writing.

    b! 2ale of 9M$#s piece of land by 176, 9M$#s agent, whose authority is not reduced into writing.

    c! 2ale of 9M$#s car by 176, a person stranger to 9M$, without 9M$#s consent or authority.

    d! 2ale of 9M$#s piece of land by 176, a person stranger to 9M$, without 9M$#s consent or

    authority.

    !When does a declaration of absence of a 'issing person ta3e e=ect?

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    G! rthur and 8elen, both +ilipinos, got 'arried and had E children. rthur later wor3ed in 7o'e where

    he acquired )talian citi;enship. 8e got a divorce fro' 8elen in 7o'e but, on returning to the 6hilippines, he

    reali;ed his 'ista3e, as3ed forgiveness of his wife, and resu'ed living with her. They had E 'ore children.

    What is the status of their G children?

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    &year old 'erican in )llinois, 02, where the

    'arriage was valid. Their parents gave full consent to the 'arriage of their children. fter three years,

     Joseph led a petition in the 02 to pro'ptly divorce Jenny and this was granted. When Joseph turned E

    years, he returned to the 6hilippines and 'arried -eonora. What is the status of this second 'arriage?

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    A, 'arried %ante, E, without her parents# 3nowledge and consent, and lived with hi'. fter a

    year, Josie returned to her parents# ho'e, co'plained of the unbearable battering she was getting fro'

    %ante, and e"pressed a desire to have her 'arriage with hi' annulled. Who 'ay bring the action?

    'illion to 5.

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    C years fro' the registration of the deed or the date of the issuance of the

    certicate of title of the property as long as the trust had not been repudiated. What is the e"ception to

    this >C&year prescriptive period?

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