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CIV 2 CIVIL LAW REVIEW 2 Q1 Civ 2 With Answers
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, CIVIL LAW REVIEW 2
(PROF. ELMER T. RABUYA)
INSTRUCTIONS: Answers should be explained briefly, maximum of three short sentences.
QUESTIONS:
1. What are the elements of an obligation?
a. Juridical Tie or Vinculum Juris
b. Object
c. Active Subject (obligee or creditor)
d. Passive Subject (Obligor or debtor)
2. What are the various sources of obligation?
a. Law
b. Contracts
c. Quasi-contracts
d. Delicts
e. Quasi Delicts
3. Is the enumeration of quasi-contract in the Civil Code exclusive? State your basis.
No, because the Civil Code expressly provides that the enumeration in the said Code does
not exclude other quasi-contracts which may come within the purview of the same concept.
(Art. 2143, NCC)
4. In order for the quasi-contract of negotiorum gestio to exist, what are the four requisites?
a. A person called the officious manger of gestor voluntarily assumes the management
or agency of the business or property of another.
b. The property must be neglected or abandoned.
c. There is no authorization from the owner, whether express or implied; otherwise,
what results is a contract of agency and not negotiorium gestio.
d. The assumption of agency or management must be done in good faith.
5. Is negotiorum gestio immediately terminated upon the reappearance of the owner?
No, obligation of the gestor shall continue until the termination of the affairs or incidents
or such management or agency. The said rule shall apply even if the owner reappears unless the
gestor can prove that the ower is in a position to substitute for him. (Art. 2144, NCC)
6. If the gestor enters into a contract with third persons in pursuance of his duties as
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Scholarfriends
CIV 2 CIVIL LAW REVIEW 2 Q1 Civ 2 With Answers
https://scholarfriends.com
Downloaded by: | https://scholarfriends.com/singlePaper/622089/civ-2-civil-law-review-2-q1-civ-2-with-
answers
Distribution of this document is illegal.
, CIVIL LAW REVIEW 2
(PROF. ELMER T. RABUYA)
INSTRUCTIONS: Answers should be explained briefly, maximum of three short sentences.
QUESTIONS:
1. What are the elements of an obligation?
a. Juridical Tie or Vinculum Juris
b. Object
c. Active Subject (obligee or creditor)
d. Passive Subject (Obligor or debtor)
2. What are the various sources of obligation?
a. Law
b. Contracts
c. Quasi-contracts
d. Delicts
e. Quasi Delicts
3. Is the enumeration of quasi-contract in the Civil Code exclusive? State your basis.
No, because the Civil Code expressly provides that the enumeration in the said Code does
not exclude other quasi-contracts which may come within the purview of the same concept.
(Art. 2143, NCC)
4. In order for the quasi-contract of negotiorum gestio to exist, what are the four requisites?
a. A person called the officious manger of gestor voluntarily assumes the management
or agency of the business or property of another.
b. The property must be neglected or abandoned.
c. There is no authorization from the owner, whether express or implied; otherwise,
what results is a contract of agency and not negotiorium gestio.
d. The assumption of agency or management must be done in good faith.
5. Is negotiorum gestio immediately terminated upon the reappearance of the owner?
No, obligation of the gestor shall continue until the termination of the affairs or incidents
or such management or agency. The said rule shall apply even if the owner reappears unless the
gestor can prove that the ower is in a position to substitute for him. (Art. 2144, NCC)
6. If the gestor enters into a contract with third persons in pursuance of his duties as
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