Assorted OBLICON Flashcards

1
Q

essence of solidarity

A

mutual agency…

each..

entire due…

dual relationship (CR-DR and DR-DR)

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2
Q

mutual agency, effects…

A
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3
Q

if solidary debtor pays BEFORE debt is DUE…

A

His reimbursement right will INCLUDE INTEREST from PAYMENT DATE to DUE DATE

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4
Q

what to consider during CONSTITUTION stage of SOLIDARY obligation?

A

payment made before due date…

divisibility

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5
Q

Main diagram for solidary obligation

A
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6
Q

demandability of solidary obligation

A

whom to pay

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7
Q

whom to pay

A
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8
Q

breach by delay/culpable loss of ONE solidary

A

ALL liable for damages.

They can go after the guilty debtor/erring debtor.

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9
Q

diagram payment in solidary obligations

A

extinguishes the obligation

reimbursement right from solidary co-debtors

remission after payment

payment after debt has prescribed or been ilegalized

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10
Q

payment after obligation has prescribed/has been ilegalized

A

natural obligation

no reimbursement right

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11
Q

extinguishment but not via payment in solidary obligations

A

prejudicial acts…

Prejudicial creditor liable for the share of the other creditors.

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12
Q

diagram for breach in solidary obligations

A
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13
Q

remission

A

whole… no reimbursement right

part after payment… no reimbursement right

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14
Q

essence of joint obligation

A
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15
Q

constitution of joint obligation

A
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16
Q

demandability of joint obligation

A
17
Q

breach of joint obligation

A
18
Q

joint indivisible obligation

A
19
Q

filing complaint in joint obligation

A

implead ALL joint debtors as NECESSARY PARTIES