Reference no: EM133267036

TRUE OR FALSE

1. Mutuum is essentially gratuitous.

2. One characteristic of commodatum is being "subsidiary".

3. In precarium, ownership of the thing object of the contract passes to bailee.

4. There can be commodatum even if the bailee agrees to any payment in consideration of the agreement.

5. The purpose in commodatum is consumption.

6. Fungible things may be object of commudatum.

7. It is required that the bailor in commodutum be the owner of the object of the contract.

8. Third party may be allowed, through stipulation, the use of the object of commodatum.

9. Bailor, in mutuum, shoulders expenses in mutuum.

10. Precarium is a kind of mutuum.

11. Bailee may refuse the return of the object of commodatum when the bailor has any liablity to the bailee.

12. Two or more bailees in commodatum have joint liability.

13. Ostentation expenses or those for ornamentation or exhibit incurred by the bailee in commodatum are reimbursable even if the bailor was not notified.

14. The only object of mutuum is money.

15. Return of the same/identical object is the obligation of the bailee in mutuum.

16. Guarantor promises to answer obligation should the principal debtor does not pay.

17. Surety ensures solvency of debtor.

18. Guaranty is, as a general rule, onerous.

19. Guaranty constituted against the will of the debtor is valid.

20. It is required that the guarantor has sufficient property throughout the duration of the contract of guaranty.

21. Qualifications of guarantors may be waived.

22. Benefit of excussion is not available if the debtor is insolvent.

23. There is subrogation of rights even if the debtor is not aware of the constitution of the guaranty or payment of the principal obligation.

24. There can be reimbursement from the debtor in case of double payment due to fortuitous event and the guaranty is onerous.

25. The liability of the guarantors among themselves is joint.