ART. 1226 Flashcards
1
Q
What is Principal Obligation?
A
one which can stand by itself and does not depend for its validity and existence upon another obligation.
2
Q
What is Accessory Obligation
A
one which is ATTACHED to the principal obligation and therefore cannot stand alone
3
Q
Meaning of obligation with a penal
clause.
A
is one which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach of principal obligation intended primarily to induce its fulfillment
4
Q
Meaning of penal clause.
A
is an accessory undertaking attached to an obligation to assume greater liability on the part of the obligor in case of breach of obligation i.e. the obligation is not fulfilled