BA161_ch3_sec4 Flashcards
There is a solidary liability only when the obligation [1] _________ or when [2] ________ or the [3] _________ requires solidarity,
Art 1207 [1] When the obligation expressly states so [2] the law [3] nature of the obligation
[T/F] The concurrence of two or more creditors or two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand or each one of the latter is bound to render entire compliance with the prestation.
True. Art 1207
Kinds of obilgation according to the number of parties:
[1] Individual obligation. One where there is only one obligor and one obligee. [2] Collective Obligation, One where there are two or more debtors and/or two or more creditors. It may be joint or solidary.
Define Joint Obligation.
Obligation where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors
Define Solidary Obligation.
One where each one of the debtors is bound to render, and/ or each one of the creditors has a right to demand from any of the debtors, entire compliance with the prestation.
Rules on Multiplicity of Suits.
The rules on multiplicity of suits seek to prevent the filling of two or more suits or complaints for a single cause of action or the same violation of the legal right of the plaintiff.
[T/F] Solidary Liability also exiss when it is imposed in an final judgment againts several defendants.
True. Art 1207
Kinds of solidarity (a) according to the parties bound:
[1] Passive Solidarity. Solidarity on the part og the debtors, where any one of them can be made liable for the fulfillment of the entire obligation. [2]Active Solidarity. Solidarity on the part of the creditors, where any one of them can demand the fulfillment og the entire obligation. [3] Mixed Solidarity. Solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation.
Kinds of solidarity (a) according to source:
[1] Conventional. Agreed upon by the parties. [2] Legal. Imposed by law. [3] Real. Imposed by the nature of the obligation.
Art 1209. If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding againts all the debtors. If one of the latter should be ___________, the others shall not be liable for his share.
insolvent
Define Joint Indivisible Obligation.
Obligation is joint because the parties are merely proportionately liable. It is indivisible because the object or subject matter is not physically divisible into different parts.
Art 1210. The indivisibility of an obligation does not necessarily give rise to [1] _________. Nor does [2] __________ of itself imply indivisibility.
[1,2] Solidarity
[T/F] Indivisibility refers to the juridical or legal tie that binds ties while Solidarity refers to the prestation.
False. Art 1210. (1)
[T/F] In indivisible obligations, only the debtor guilty of breach of obligation is liable for damages, while in solidary obligations, all of the debtors are liable for the breach of the obligation committed by a debtor.
True. Art 1210 (2)
The liability in an indivisible obligation may be either [1] or [2]
Joint or Solidary
Art 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same [1] and by the same [2] and [3].
[1] manner [2] periods [3] conditions
Define uniform solidary obligation.
When the parties are bound by the same stipulations.
Define Non-uniform or Varied Solidary Obligation.
When the parties are not subject to the same stipulations.
Art 1212. Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be [1] to the latter.
[1] prejudicial
Define the theory of mutual agency.
Right of one to act and in the name of the others.
[T/F] From Art 1213. A solidary creditor can assign his rights without the consent of the others.
False
[T/F] Art 1214. The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him.
TRUE
Art 1215 [1],[2],[3], or [4] of the debt, made by ay of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of article 1219.
[1] Novation [2] Compensation [3] Confusion [4] Remission
[T/F]Art 1215. The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them.
TRUE
{T/F]Art 1216. The creditor may proceed againts any one of the solidary debtors or some or all of them simultaneously.
TRUE
[T/F] Art 1216, the demand made againts one of them shall not be an obstacle to those which may subsequently de directed againts the others, so long as the debt has not been fully collected.
TRUE
[T/F] If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.
True. Art 1217
[T/F]After payment of the debt, the paying solidary debtor can demand reimbursement from his co-debtors for their proportionate shares with interest onlu from the time of payment.
True. Art 1217
[T/F]The share of the insolvent debtor in a solidary obligation shall be borne by all his co-debtors, in proportion to the debt of each.
True 1217
Art 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has [1] or become [2]
[1] Prescribed [2] Illegal
Lapse of time in the manner and under the conditons laid down by law.
Presciption.
[T/F]Art 1219. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected.
TRUE
[T/F]Art 1220 the remission of the whole obligation obtained by one of the solidary debtors, does not entitle him to reimbursement form his co-debtors.
TRUE
Reason for Art 1220 is that the debtor who obtains remission pays nothing to the creditor. Remission is essentially _______.
gratuitous.
The liability of the solidary debtors shall be extinguished when —
the thing has been lost or if the prestation has become impossible without thw fault of the solidary debtors.
Art 1221 par 2 states that if there was fault on the part of any one of the solidary debtors, all shall be responsible to the creditor, for the price and the payment of the [1] and [2], without prejudice to their action againts the guilty of negligent debtor.
[1] Damages [2] interest
[T/F] If the loss is without fault but after delay, the creditors can recover damages from the debtors.
TRUE
[T/F] A defense derived from the nature of the obligation is a complete defense because it nullifies the obligation or renders it ineffective.
True. Art 1222.
Defenses available to a solidary debtor:
[1] Defenses derives from the nature of the obligation. [2] Defenses personal to, or which pertain to share of debtor sued [3] Defenses personal to other solidary debtors.
