Law 8

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1.

Which contract must be in a written instrument, either public document or private document, in
order to insure its efficacy or for mere convenience but not for its validity?
a. Contracts where the amount involved exceeds five hundred pesos.
b. Contracts where the contracting parties are capacitated.
c. Contracts where the subject matter is movable or personal property
d. Contracts to be performed within one year from the making thereof.

2. If the law requires a document or other special form to a contract for mere convenience but not for
validity or enforceability, what is the right of the contracting parties once the contract is perfected?
a. The contracting parties may annul the contract.
b. The contracting parties may rescind the contract.
c. The contracting parties may compel each other to observe the form or document required by
law.
d. The contracting parties need not execute the required form.

3. From the moment of perfection of a contract, what is the extent of its binding effect?
a. The parties are bound only to the fulfillment of what has been expressly stipulated in the
contract.
b. The parties are bound only to the natural consequences of the contract.
c. The parties are bound not only to the fulfillment of what has been expressly stipulated in the
contract but also to all the consequences which, according to their nature, may be in keeping
with good faith, usage and law.
4. How is the nature of the contract determined by the court?
a. Contract is what the parties choose to call them.
b. Contract is determined by the stipulations of the parties.
c. Contract is determined by the principles of law,
d. Contract is determined by the surrounding circumstances.

5. As a general rule, no one may contract in the name of another without being authorized by the latter
or unless he has by law a right to represent him. What is the status of a contract entered into in the
name of another by one who has no authority or legal representation, or who has acted beyond his
powers? a. Rescissible
b. Unenforceable
c. Voidable
d. Null and void
6. An owner of hacienda did not authorize his wife and children to sell the said hacienda but upon
being informed that they had done so, instead of refusing to enforce of the sale, he proceeded to
collect in installments the amount of promissory note given to the purchase. Can the buyer of the
hacienda enforce the contract of sale of land?
a. No because the contract is unenforceable considering the wife and children has no authority
to sell the land.
b. No because the contract is rescissible considering that it is entered into to defraud the
creditors.
c. Yes because the contract is only voidable and therefore enforceable.
d. Yes because the contract becomes enforceable upon the collection of the purchase price
which is considered an implied ratification.

7. The following are the essential requisites of consensual contracts, except


a. Execution of formality or solemnity required by law
b. Consent of the contracting parties
c. Object certain which is the subject matter of the contract
d. Cause of the obligation which is established

8. The following are the essential requisites of real contracts, except


a. Delivery of the subject matter
b. Consent of the contracting parties
c. Object certain which is the subject matter of the contract

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