BA161_ch3_sec4

Question 1

There is a solidary liability only when the obligation [1] _________ or when [2] ________ or the [3] _________ requires solidarity,

Answer 1

Art 1207 [1] When the obligation expressly states so [2] the law [3] nature of the obligation

Question 2

[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.

Answer 2

True. Art 1207

Question 3

Kinds of obilgation according to the number of parties:

Answer 3

[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.

Question 4

Define Joint Obligation.

Answer 4

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

Question 5

Define Solidary Obligation.

Answer 5

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.

Question 6

Rules on Multiplicity of Suits.

Answer 6

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.

Question 7

[T/F] Solidary Liability also exiss when it is imposed in an final judgment againts several defendants.

Answer 7

True. Art 1207

Question 8

Kinds of solidarity (a) according to the parties bound:

Answer 8

[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.

Question 9

Kinds of solidarity (a) according to source:

Answer 9

[1] Conventional. Agreed upon by the parties. [2] Legal. Imposed by law. [3] Real. Imposed by the nature of the obligation.

Question 10

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.

Answer 10

insolvent

Question 11

Define Joint Indivisible Obligation.

Answer 11

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.

Question 12

Art 1210. The indivisibility of an obligation does not necessarily give rise to [1] _________. Nor does [2] __________ of itself imply indivisibility.

Answer 12

[1,2] Solidarity

Question 13

[T/F] Indivisibility refers to the juridical or legal tie that binds ties while Solidarity refers to the prestation.

Answer 13

False. Art 1210. (1)

Question 14

[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.

Answer 14

True. Art 1210 (2)

Question 15

The liability in an indivisible obligation may be either [1] or [2]

Answer 15

Joint or Solidary

Question 16

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].

Answer 16

[1] manner [2] periods [3] conditions

Question 17

Define uniform solidary obligation.

Answer 17

When the parties are bound by the same stipulations.

Question 18

Define Non-uniform or Varied Solidary Obligation.

Answer 18

When the parties are not subject to the same stipulations.

Question 19

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.

Answer 19

[1] prejudicial

Question 20

Define the theory of mutual agency.

Answer 20

Right of one to act and in the name of the others.

Question 21

[T/F] From Art 1213. A solidary creditor can assign his rights without the consent of the others.

Answer 21

False

Question 22

[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.

Answer 22

TRUE

Question 23

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.

Answer 23

[1] Novation [2] Compensation [3] Confusion [4] Remission

Question 24

[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.

Answer 24

TRUE

Question 25

{T/F]Art 1216. The creditor may proceed againts any one of the solidary debtors or some or all of them simultaneously.

Answer 25

TRUE

Question 26

[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.

Answer 26

TRUE

Question 27

[T/F] If two or more solidary debtors offer to pay, the creditor may choose which offer to accept.

Answer 27

True. Art 1217

Question 28

[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.

Answer 28

True. Art 1217

Question 29

[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.

Answer 29

True 1217

Question 30

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]

Answer 30

[1] Prescribed [2] Illegal

Question 31

Lapse of time in the manner and under the conditons laid down by law.

Answer 31

Presciption.

Question 32

[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.

Answer 32

TRUE

Question 33

[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.

Answer 33

TRUE

Question 34

Reason for Art 1220 is that the debtor who obtains remission pays nothing to the creditor. Remission is essentially _______.

Answer 34

gratuitous.

Question 35

The liability of the solidary debtors shall be extinguished when —

Answer 35

the thing has been lost or if the prestation has become impossible without thw fault of the solidary debtors.

Question 36

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.

Answer 36

[1] Damages [2] interest

Question 37

[T/F] If the loss is without fault but after delay, the creditors can recover damages from the debtors.

Answer 37

TRUE

Question 38

[T/F] A defense derived from the nature of the obligation is a complete defense because it nullifies the obligation or renders it ineffective.

Answer 38

True. Art 1222.

Question 39

Defenses available to a solidary debtor:

Answer 39

[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.