BA161_Ch3_Sec5and6

Question 1

[T/F] The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditor does not alter or modify the provisions of chapter 1 of this title.

Answer 1

Chapter 2. Art 1223.

Question 2

The object of this obligation , in its delivery of performance, is capable of partial fulfillment.

Answer 2

Divisible Obligation

Question 3

The object of this obligation , in its delivery of performance, is not capable of partial fulfillment.

Answer 3

Indivisible Obligation

Question 4

What is the test for distinction in determining whether an obligation is divisible or not?

Answer 4

[1] Purpose of the obligation or [2] Intention of the parties

Question 5

[T/F] If the object is not physically divisible or the service is not susceptible of partial performance, the obligation is always indivisible.

Answer 5

True 1223

Question 6

[T/F] An obligation is presumed indivisible where there is only one creditor and only one debtor.

Answer 6

True. 1224, 1248

Question 7

Kinds of Division

Answer 7

[1] Qualitative [2] Quantitative [3] Ideal or Intellectual Division. One which exists only in the minds of the parties.

Question 8

Kinds of indivisibility.

Answer 8

[1] Legal [2] Conventional. Based on the will of the parties [3] Natural Indivisibility. Nature of the object or prestation,

Question 9

[T/F] Art 1224. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking.

Answer 9

TRUE

Question 10

[T/F] The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists.

Answer 10

True Art 1224

Question 11

Obligations deemed indivisible:

Answer 11

[1] Obligations to give definite things [2] Obligations which are not susceptible of partial performance [3] Obligations provided by law to be indivisible even of thing or service is physically divisible. [4] Obligations intended by the parties to be indivisible even if thing or service is physically divisible.

Question 12

Obligations deemed divisible:

Answer 12

[1] Obligations which have for their object the execution of a certain number of days of work [2] Obligations which have for their object the accomplishment of work by metrical units. [3] By their nature are susceptible of partial performance.

Question 13

Obligations ‘to do’ and ‘not to do’ are generally ________

Answer 13

indivisible. Art 1225

Question 14

Define Principal Obligation.

Answer 14

One which can stand by itseld and does not depend for its validity and existence upon another obligation.

Question 15

Define Accessory Obligation.

Answer 15

One which is attached to a principal obligation and, therefore, cannot stand alone.

Question 16

One which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach of the principal prestation, intended primarily to induce its fulfillment.

Answer 16

Obligation with Penal Clause

Question 17

Purposes of penal clause:

Answer 17

[1] To insure performance [2] To substitute a penalty for the indemnity for damages and payment of interests

Question 18

What is Penal Clause?

Answer 18

An accessory undertaking attached to an obligation to assume greater liability in case of breach or is partly or irregularly complied with.

Question 19

[T/F] Penal clause contitutes an obligation.

Answer 19

TRUE. Art 1226

Question 20

Kinds of penal clause as to its origin:

Answer 20

[1] Legal penal clause [2] Conventional

Question 21

Kind of penal clause as its purpose:

Answer 21

[1] Compensatory. When penalty takes the place of damages [2] Punitive. Imposed merely as punishment for breach

Question 22

Kinds of penal clause as to its demandability or effect:

Answer 22

[1] Subsidiary or Alternative. When only the penalty can be enforced. [2] Joint or cumulative. When both the principal and the penal clause can be enforced.

Question 23

When creditor, in addition to penalty, may recover damages and interests:

Answer 23

[1] When so stipulated by the parties [2] When the obligor refuses to pay the penalty, in which case the creditor may recover legal interest thereon [3] when the obligor is guilty of fraud.

Question 24

[T/F] If the obligation cannot be fulfilled due to a fortuitous event, the penalty is not demandable.

Answer 24

Art 1226 True

Question 25

[T/F] Generally, the debtor can just pay the penalty instead of performing the obligation.

Answer 25

False. Art 1227

Question 26

The debtor can exempt himself from the non-fulfillment of the obligation only when —-

Answer 26

“this right has been expressly reserved for him” Art 1227

Question 27

The proof of actual damages suffered by the creditor is [1] in order that the penalty may be demanded.

Answer 27

Not necessary. Art 1228

Question 28

Art 1229. The judge shall equitably reduce the penalty when the principal obligation has been [1] or [2] complied with byt the debtor.

Answer 28

[1] Partly [2] Irregularly

Question 29

Even if there has been no performance, the penalty may also be reduced by the courts if it is [1] or [2]

Answer 29

[1] Iniquitous [2] Unconscionable

Question 30

[T/F] The nullity of the penal cause carries with it that of the principal obligation.

Answer 30

False. Art 1230

Question 31

[T/F] The nullity of the principal obligation carries with it that of the penal clause.

Answer 31

True Art 1230