BA161_Ch3_Sec2

Question 1

Obligation whose effects or consequences are subjected in one way or another to the expiration or arrival of said period or term

Answer 1

Obligation with a period

Question 2

What is a period?

Answer 2

A future and certain event upon the arrival of which the obligation(or right) subject to it either arises or is terminated.

Question 3

Period and Condition distinguised

Answer 3

I. Period [1] certain event which must happen sooner or alter at a date known beforehand, or at a time which cannot be determined. [2] Refers only to the future [3] period merely fixes the time for the effacacioousness of the obligation [4]A period which depends upon the will of the debtor empowers the court to fix the duration thereof [5] Unless there is an agreement to the contrary, the arrial of a period does not have any retroactive effect. II. Condition [1] uncertain event [2] May also refer to the past event unknown to the parties [3] Causes an obligation either to arise or to cease [4] Invalidates the condition which depends solely on the will of the debtor [5] happening of condition is retroactive

Question 4

Kinds of period according to effect;

Answer 4

[1] Suspensive Period [2] Resolutory Period

Question 5

Kinds of period according to source

Answer 5

[1] Legal Period [2] Conventional/Voluntary Period [3] Judicial Period

Question 6

Kinds of period according to definiteness:

Answer 6

[1] Definite Period [2] Indefinite Period

Question 7

[T/F] Art 1195, anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, ay be recovered, with the fruits, and interests.

Answer 7

TRUE

Question 8

[T/F] The debtor has the burden of proving that he was unaware of the period.

Answer 8

True Art 1195

Question 9

Who will benefit if a period is designated in an obligation?

Answer 9

Creditor and Debtor

Question 10

Exceptions to the general rule of Art 1196

Answer 10

[1] Term is for the benefit of the debtor alone [2] Term is for the benefit of the creditor [3]

Question 11

What is a legal period?

Answer 11

“Year” shall be understood to be 12 months, “month” 30 days, unless it referes to a specific calendar month in which case shall be computed according to the number of days in a specific month. “day” 24 hours and ‘Night” sunset to sunrise.

Question 12

[T/F] If an obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts cannot fix the duration thereof.

Answer 12

False. Art 1197, par 1

Question 13

[T/F] The courts shall also fix the duration of the period when it depends upon the will of the debtor.

Answer 13

True Art 1197 par 2

Question 14

[T/F] Once fixed by the courts, the period can be changed by them,

Answer 14

False. Art 1197, par 3

Question 15

Period determined by the courts.

Answer 15

Judicial period

Question 16

What is a contractual period?

Answer 16

A period fixed by the parties in their contract.

Question 17

Exceptions to the general rule of Art 1197

Answer 17

[1] No period is fixed but a period was intended [2] Duration of the period depends upon the will of the debtor.

Question 18

[T/F] Existence of the obligation is not affected although the period depends upon the sole will of the debtor. It is only the performance with respect to time that is left to the will if the debtor.

Answer 18

True. Art 1197

Question 19

From Art 1198, the debtor shall lose every right to make use of the period when:

Answer 19

[1] When the debtor becomes insolvent [2] When the debtor does no furnish guaranties or securities promised [3] When guaranties or securities given have been impaired or have disappeared [4] When the debtor violates an undertaking [5] When the debtor attempts to abscond

Question 20

what is the general rule in an obligation with a period?

Answer 20

Obligation is not demandable before the lapse of the period.