CHAPTER 4 OBLIGATIONS OF possession of the vendee.

THE VENDOR (ART. 1495 A.Real or actual

– ART. 1581) delivery
B.Legal delivery C.
Constructive
1. The is bound to
delivery D. Quasi-
transfer the ownership of
tradition
and deliver as well as
warrant 4. When the sale is made
through a
the thing, which the execution
is the object of the shall be equivalent to the
sale. delivery of the thing, if
A. creditor B. from the deed the contrary
debtor C. vendee does not appear.
D. vendor A.Public document B.
Public
2. The ownership of the instrument C. Private
thing sold is acquired document D. Private
upon: A. negotiation B. instrument
perfection C.
preparation D. delivery 5. It is a delivery by
operation of law. A.
3. It is when the thing Actual
sold is placed in the B.Real C. Legal
control and
D. Quasi-tradition 8. In the ownership
possess to the buyer on
6. Under this kind of delivery, but he may
delivery, the law revest the ownership in
considers all these the seller by returning
formalities have taken or tendering the goods
place by agreement of the within the time fixed in
parties. A. Actual the contract.
B. Real C. A.Sale on approval
Tradition B.Sale on acceptance
constitutum possessorium C.Sale on trial
D. Legal D.Sale or return

7. With respect to 9. Ownership remains in

the provisions of the seller until the
Article 1498 shall govern. buyer signifies his
(public instrument) approval or acceptance to
A. Real property B. the seller.
Personal A.Sale or return
property C. B.Sale on trial
Incorporeal property C.Sale or buy
D. Corporeal property D.Sale on offer
10. The general rule is authority to sell.
that the risk of loss of B.The validity of any
goods is borne by contract of sale under
seller until the statutory power of
ownership therein is sale.
transferred to the buyer. C.Purchase made in
A. fungible B. markets, in accordance
specific C. generic with the Code of
D. future Commerce.
D.Where the seller of the
11. Which of the following goods has a valid title
is not exception to the thereto.
rule that when goods are
sold by a person who is 12. Before a voidable
not the owner, the buyer contract is annulled, it
acquires no better title is considered A. valid
to the goods than the B. void C.
seller had? invalid D.
A.The owner of the goods unenforceable
is by his conduct
produced from denying 13. It includes any bill
the seller's of lading, dock warrant,
or warehouse receipt
as proof if the possession bearer, or to a specified
or control of the goods. person. A. Delivery
a. Private B. By indorsement and
document delivery C. Bill of
b. Public document lading
c. Special D. Instrument
document
d. Document of title 16. A is
to goods responsible for keeping
the property safe until
14. It is document of it is returned to the
title that actually stands owner. A.
for the goods it covers. Security guard B.
A.Quedan B. Custodian C. Bailee
Warehouse D. Bailor
receipt C.
Negotiable 17. What is the document,
instrument D. when endorsed, gives the
Negotiable transferee no additional
document title right and cannot be
negotiated?
15. It is a kind of A.Non-negotiable document
negotiation, wherein the B.Negotiable
endorsement may be in document
blank, to
C.Indorsement D. Public 20. A person to whom the
document document is assigned but
not negotiated acquires:
18. Who can negotiate a A.the right to notify
negotiable document of B.the title to goods
title? A. the owner C.the right to buy
B. a person to whom D.the right to accept
possession has not been
entrusted 21. The negotiation shall
C. third persons take effect as of the
D. the negotiator time when the
19. It is a kind of
negotiation
whereby the terms is actually
of the document, the one made.
issuing the same
undertakes to deliver the A. negotiation B.
goods to the bearer. perfection C.
A. Delivery endorsement D.
B. By indorsement and consummation
delivery C. Bill of
lading 22. The following are
D. Transfer of instrument warranties, a person who
for value negotiates or
transfers a document of
title
by endorsement or D. Negotiation
delivery, except:
A.that the document is 24. It is the transfer of
not genuine rights or property. A.
B.that he has a legal Assignment B. Perfection
right to negotiate or B.
transfer it A.Consummation B.
C.that he has a right Negotiation
to transfer the title
to the goods 25. Which of the
D.that the goods are following is an exception
merchantable to the general rule that
the bailee shall in no
23. It is the transfer of case be compelled to
possession of an deliver up the actual
instrument, whether possession of the goods?
voluntary or involuntary, A.The document's
by a person other than the negotiation
issuer to a person who B.The document be first
thereby becomes its surrendered to the
holder. A. Assignment bailee
B. Perfection C. C.The document is
Consummation surrendered to the
bailor
D.The document is rotational and unbiased
impounded by the court assessment of the
of appeals and court of amount.at which it could
justice currently be bought and
sold between willing
26. It is a court order parties.
commanding or preventing A.Net realizable value
an action. A. B.Fair value C.
Jurisdiction B. Historical cost D.
Estoppel C. Injunction Average cost
D. Implication
29. It is an unconditional
27. or tender of written order by one
delivery may be treated as period to another, signed
ineffectual unless made at by the maker, requiring
a reasonable hour. A. the person addressed to
Supply pay to a third party a
B. Demand C. specified sum on demand or
Legal D. Place at a fixed or
ascertainable future time.
28. It is an estimate of A.Negotiable
a good, service, or instrument
asset's potential price, B.Bill of exchange
based on a
C.Bill of lading D. B. Right of stopping goods
Public document in transit
C. Right of resale D.
30. A seller is unpaid Right to rescind
when the
of the price has not 33. It is a lie allowing
been paid or tendered. the creditor to keep
A. Partially B. possession of the
Substantially C. encumbered property until
Partly D. Whole the debt is satisfied. A.
Ownership lien B.
31. He is the person named Enjoyment lien C.
in a bill as the person Possessory lien D.
from whom goods have been Accessory lien
received for shipment.
A. Consignee B. 34. The unpaid seller may
Vendee C. Consignor D. exercise his on the
Vendor remainder he has not been
delivered.
32. Which of the following A.right of sale
is not one of the remedies B.right of waive
of an unpaid seller? A. C.right of lien
Possessory alien D.right of
delivery
35. It is the legal right that behalf, the goods
or interest that a are
creditor has in another's A."in transit"
property lasting usually B.no longer "in
until a debt or duty that transit"
it secured is satisfied. C.rejected D. in
A. sale B. waiver shipment
C. lien D.
delivery 38. When actual possession
of goods is obtained,
36. It means having is exercised.
liabilities that exceed A.right of
the value of assets. A. possession
insolvent B. solvent B.right of
C. bankrupt D. stoppage
bankruptcy C.right of alien
D.right to rescind
37. If the carrier or the
bailee wrongfully refuses 39. If goods are
to deliver the goods to perishable in nature, the
the buyer or his agent in unpaid seller has the
right to A. sale
B. possess C.
ownership D. resale
40. An unpaid seller the vendee has lost the
having the right of lien right to make use of the
or having stopped the term.
goods in transitu, has the A. bound B. not
, the transfer of bound C. obliged D.
title and resume the required
ownership in the goods of
the seller expressly 43. It signifies all of
reserved the right to do those things which are
so. produced by the thing
A.right of sale which is the object of the
B.right to resale obligation as well as all
C.right to rescind of those which are
D.right to possess naturally attached
thereto. A.
41. He is someone who accessories B.
authorizes another act on fruits C. accessions D.
his or her behalf as an thing
agent. A. principal B.
president C. teacher 44. If the thing is lost
D. instructor without the fault of the
vendor, the obligation
42. The vendor is shall be
to deliver the thing
sold in case
A. continued B. states a full purchase
executed C. price.
extinguished D. valid A.Lump sum
contract
45. In sales involving B.Installment
real estate, the parties contract C. Real
may use this type of estate contract
pricing agreement, wherein D. Unit price
the purchase price is contract
determined by way of
reference to a stated rate 47. It is a sale conducted
per unit area. under the authority of a
A.Lump sum judgment or court order.
contract A. Judicial sale B.
B.Installment Juridical sale C.
contract C. Real Artificial sale D.
estate contract Natural sale
D. Unit price
contract 48. In the sale of real
estate, made for a there
46. It is a type of shall be no increase or
pricing agreement in the decrease of the price,
sale of real estate, although there be a
which greater or less area or
number than that
stated in the contract. ownership of the object
A.single price must represent
B.lump sum conflicting interests
C.multiple price C.They must pertain
D.double sale exactly to the same
object
49. What is the D.They must be bought
prescriptive period in from the same seller
the action for rescission
from Articles 1539 and 51. It goes into the
1542, counted from the day root of the existence of
of delivery? the obligation. A.
A.four months Condition B. Warranty
B.three months C. Acceptance D. Waiver
C.six months
D.two months 52. It is any affirmation
of fact or any promise by
50. The following are the seller relating to the
requisites of double thing, if the natural
sale, except: tendency of such
A.One valid contract of affirmation or
sale
B.Two or more buyers who
are at over the
rightful
promise is to induce the
buyer to purchase the 54. It is an act or
same and if the buyer process of legally
purchases the thing disposing a person of
relying thereon. land or rental property.
A. Implied warranty B. A. Disposition B.
Express warranty C. Tacit Termination C.
warranty D. Conditional Eviction D. Prescription
warranty
55. It is an obligation
53. Which of the following imposed by the law when
is not an example of there has been no
implied warranty? representation or promise.
A.Warranty against A. Express warranty B.
eviction Tacit warranty C.
B.Warranty against visible Conditional
defects of animals with warranty D.
contagious disease Implied warranty
C.Warranty against
redhibitory defects on 56. It is the effect of
animals the lapse of time in
D.Warranty that the seller creating or destroying
has a right to sell rights. A. Condition B.
Disposition
C. Eviction D. 59. It is a waiver made by
Prescription the vendee with the
knowledge of the risk of
57. If the property is eviction and assumed its
sold for nonpayment of consequences.
taxes due and not made
known to the vendee before A.Waiver intencionada
the sale, the vendor is B.Waiver consciente
liable for A. C.Waiver per se
Condition B. Disposition D.Waiver per
C. Eviction D. accidental
Prescription
60. It is a waiver made by
58. It is a debt that is the vendee, wherein the
evidenced by a legal vendor shall not be
judgment or brought about liable.
by a successful lawsuit A.Waiver intencionada
against the debtor. B.Waiver consciente
A. Evidenced debt C.Waiver per se
B. Judgment debt D.Waiver per
C. Legal judgment debt accidental
D. Lawsuit debt
61. It is waiver made by
the vendee
without the knowledge of C.Complete
the risk of eviction. judgment
A.Waiver intencionada D.Final judgment
B.Waiver consciente
C.Waiver per se 64. It is an eviction
D.Waiver per wherein rescission is not
accidental allowed as a remedy.
A. Partial B.
62. It is an eviction Complete C. Total
wherein rescission is not D. Substantial
allowed as a remedy.
A. Total B. 65. It is an encumbrance
Partial C. Complete imposed upon an immovable
D. Substantial for the benefit of another
immovable belonging to a
63. What judgment is the different owner. A.
court's action that Attitude B. Altitude
settles the rights of the C. Servitude D.
parties and disposes of Prescription
all issues in controversy?
A.Debt judgment 66. Which of the
B.Legal judgment following is a remedy
when an immovable sold is
encumbered with non- B. Warranty of
apparent burden? merchantability
A. Renunciation B. C. Warranty of law
Prescription C. D. Warranty of general
Indemnity D. Novation purpose
67. It pertains only to 69. In the case of the
those that make the object contract of sale of a
of the sale unfit for use specified article under
for which it its patent or other trade
name, there is no
is intended at the unless there
time of sale. A. Hidden is a stipulation to the
defects contrary.
B. Open defects A.Warranty of
C. Visible defects merchantability
D. Close defects B.Warranty of law
C.Tacit warranty
68. What is the warranty D.Warranty of fitness
imposed by law if the for a particular
seller has a reason to purpose
know of the buyer's
special purpose for the 70. A/an or condition
item? as to the quality or
A.Warranty of fitness fitness for a particular
purpose may be annexed by
the usage of trade. the thing sold, even if he
A. Expressed warranty was not aware.
B.Conditional A. Debtor, creditor B.
warranty Vendor, vendee C. Vendee,
C.Tacit warranty vendor D. Contracting
D.Implied warranty parties, third party
71. It is a warranty 73. The following are
wherein the thing sold is remedies in case of
fit for its ordinary hidden defects, except:
purpose. A.Accion redhibitoria
A.Implied warranty of B.Accion pauliana
fitness program C.Accion quanti minores
B.Implied warranty of D.Withdrawal
merchantability
C.Implied warranty of law 74. The vendor shall
D.Implied warranty return the
of fitness for a if he is
particular purpose aware of hidden defects
in the thing sold.
72. The is A. Interest B.
responsible to the Cost C. Price D.
for any hidden Expenses
defects in
77. Which of the
75. The vendor shall following obligations of
return the a vendor is common
if he is not aware whether he is aware or
of hidden defects in the not of hidden defects in
thing sold. the thing sold?
A. Interest B.
Cost C. Money D. A.bearing losses B.
Expenses returning the
price C.
76. When a vendor is not returning
aware of the hidden interest D. paying
defect, the following are damages
his responsibilities or
obligations except: 78. If two or more animals
A.He shall return the are sold together, whether
price. for a lump sum or for a
B.He shall return the separate price for each of
interest. them, the redhibitory
C.He shall reimburse defect of one shall only
the give rise to its
expenses of the and not that
contracts. of the others. A.
D. He shall pay Rescission B.
damages. Redhibition C.
Renunciation
D. Compensation from contagious diseases
shall be
79. The provisions
of the preceding article A. Valid B.
with respect to the sale Continued C. Void
of animals shall in like D. Considered as
manner be applicable to contract of sale
the sale of other A.
Fungible goods B. 82. A sale of animals
Animals C. Properties is void when:
D. Things A.Animals are healthy
B.Animals do not suffer
80. There is no from diseases
against hidden defects C.Animals are unfit
of animals sold at fairs D.Sale of animal is
or at public auctions, or always valid
of livestock sold as
commended. 83. The redhibitory action,
A. Rescission B. based on the faults or
Condition C. defects of animals, must be
Warranty D. brought within from the
Indemnity date of their delivery.

81. The sale of animals

suffering
A.fifty days B.The vendee is
B.forty days answerable for any
C.thirty days injury due to his
D.twenty days negligence.
C.The animal cannot
84. If the animal dies be returned.
within after D.The vendor is answerable
its purchase, the vendor for any injury due to
shall be liable if the his diligence and good
disease which cause the faith.
death existed at the time
of the contract. 86. In the sale of animals
with , the
A.six days vendee shall enjoy the
B.five days right mentioned in article
C.four days 1567. A. Closed defects B.
D.three days Hidden defects C.
Redhibitory
85. Which is an effect of defects D.
rescission of sale of Visible defects
animal with redhibitory
effect? 87. The form of sale of
A.There is no effect. large cattle shall be
governed by A.
Special laws
B. Supreme laws
C. Remedial laws
D. Natural laws

CHAPT 1. D
2. D
3. A 41. A
4. B 42. B
5. C 43. C
6. C 44. C
7. C 45. D
8. D 46. A
9. B 47. A
10. B 48. B
11. D 49. C 81. A
12. A 50. A 82. C
13. D 51. A 83. B
14. D 52. B 84. D
15. B 53. B 85. B
16. C 54. C 86. C
17. A 55. D 87. A
18. A 56. D
19. A 57. C
20. B 58. B
21. C 59. B
22. A 60. B
23. D 61. B
24. A 62. B
25. D 63. D
26. C 64. C
27. B 65. C
28. B 66. C
29. B 67. A
30. D 68. A
31. C 69. D
32. A 70. D
33. C 71. B
34. C 72. B
35. C 73. B
36. A 74. C
37. B 75. A
38. B 76. D
39. D 77. B
40. C 78. B
79. D
1. D
80. C