2010 Bar Exam Questions in Civil Law

Posted by Admin | Posted in Bar Exams, Civil Law | Posted on 14-09-2010

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I

True or False.

  1. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the latter may re-marry by proving only that the foreign spouse has obtained a divorce against her or him abroad. (1%)
  2. X, a widower, died leaving a will stating that the house and lot where he lived cannot be partitioned for as long as the youngest of his four children desires to stay there. As coheirs and co-owners, the other three may demand partition anytime. (1%)

II

Multiple choice.

a. A had a 4-storey building which was constructed by Engineer B. After five years, the building developed cracks and its stairway eventually gave way and collapsed, resulting to injuries to some lessees. Who should the lessees sue for damages? (1%)

1. A, the owner

2. B, the engineer

3. both A & B

b. O, owner of Lot A, learning that Japanese soldiers may have buried gold and other treasures at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot B where she succeeded in unearthing gold and precious stones. How will the treasures found by O be divided? (1%)

1. 100% to O as finder

2.  50% to O and 50% to the spouses X and Y

3. 50% to O and 50% to the state

4. None of the above

c. A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land valued at P1 million. B was, however, out of the country at the time. For the donation to be valid, (1%)

1. B may e-mail A accepting the donation.

2. The donation may be accepted by B’s father with whom he lives.

3. B can accept the donation anytime convenient to him.

4. B’s mother who has a general power of attorney may accept the donation for him.

5. None of the above is sufficient to make B’s acceptance valid

d. A executed a 5-page notarial will before a notary public and three witnesses. All of them signed each and every page of the will.One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will? (1%)

1. The will is invalidated

2. The will is valid and effective

3. The legacy given to B’s child is not valid

III

Define, Enumerate or Explain. (2% each)

  1. What is the difference between “guaranty” and “suretyship”?
  2. Define quasi tort. Who are the persons liable under quasi torts and what are the defenses available to them?
  3. Give at least two reasons why a court may assume jurisdiction over a conflict of laws case. Read the rest of this entry »

Contracts and Rescission

Posted by Admin | Posted in Obligations and Contracts | Posted on 13-09-2010

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What is a contract? What is its nature and effects?

A contract 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. (Article 1305, Civil Code of the Philippines)

There is no contract unless the following requisites concur: (1) consent of the contracting parties, (2) object certain which is the subject matter of the contract, and (3) cause of the obligation which is established. (Article 1318, Civil Code)

Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to the consequences which according to their nature, may be in keeping with good faith, usage and law. (Article 1315, Civil Code)

A contract is an agreement, written or not, between persons whereby they bind themselves to give, to do or not to do something. It may be for free or gratuitous as in donations or it could be for a price like in sales.

The perfection of a contract means that parties are already expected to perform their part of the bargain. Perfection takes place when all the essential elements (stated in Article 1318) are present.  Most contracts are perfected by mere consent, or from the moment there is an agreement as to the subject matter and the consideration for the contract.  For example in a contract of sale, it is perfected from the moment the seller and the buyer agree that the buyer will take a particular item in exchange for a certain price.  Some contracts, however, require delivery of the object of the contract (e.g. property) before it is perfected, like in a contract of deposit or pledge. pinoylegal

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