Chapter 2_Z Flashcards
It is an obligation without term or condition and demandable immediately
Pure obligations
This article states that pure obligations whose performance does not depend upon a future or uncertain event is demandable at once.
Article 1179
It is demandable once condition is fulfilled
Conditional Obligations
The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.
ARTICLE 1186
it is an occurrence of event shall give rise to the obligation (condition antecedent or precedent)
Suspensive
It is when the fulfillment of the condition depends upon the will of the debtor, the conditional obligation shall be void
Purely potestative
It is a fulfillment depends on the will of debtor ; obligation is void in this type
Purely potestative
Occurrence of event will extinguish the obligation
Resolutory
Condition that depends upon chance or the will of the third person
Casual
It is a mix of potestative and casual
Mixed
not capable of fulfillment by nature or law
Impossible
Capable of fulfillment by nature or law
Possible
What are the things that should be observed in case of the improvement , loss , or deterioration of the thing during the pendency of the condition
i. If the thing is lost without the fault of the debtor, the obligation shall be extinguished;
ii. If the thing is lost through the fault of the debtor, he shall be obliged to pay damages;
iii. When the thing deteriorates w/o the fault of the debtor, the impairment is to be borne by the creditor.
iv. If it deteriorates due to the fault of debtor, the creditor may choose to either rescind or have the obligation fulfilled, with indemnity for damages in either case
v. If the thing is improved by its nature or by time the improvement shall benefit the creditor;
vi. If the thing is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary
It says that when conditions have been imposed with the intention of suspending the efficacy of an obligation to give, there are rules that shall be observed in case of the improvement , loss , or deterioration of the thing during the pendency of the condition
ARTICLE 1189
When the thing deteriorates w/o the fault of the debtor, the impairment is to be borne by the creditor and has a right to demand for additional payment. True or False?
False - creditor has no right
If it deteriorates due to the fault of the creditor, then he/she may choose to not accept or to accept hence he will receive payment for damages regardless of the choice he made. True or False?
False - the creditor will only receive payment for damages if the fault is on the debtor
Improvements made by the debtor can be recovered, considering that the subject matter will not be damaged while attempting to recover those improvements. True or False?
True
If the thing is lost without the fault of the debtor, the obligation shall be made. True or False?
False - the obligation shall be extinguished
Does Article 1192 talks about the power to rescind obligations where it is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him? True or False?
False - Article 1191
The injured party may choose to either have the obligation fulfilled or to have a recession of the obligation, with payment of damages in either case and he/she may also choose to rescind even after he has chosen fulfillment becomes impossible to fulfill. True or False?
True
What Article will support this? When Z and V got separated, they agreed to return the car they bought for each other. When Z received the car, there’s a damaged already and when V received his, there’s a damaged also but the court cannot determine who damaged it first thus the damages shall be offset.
ARTICLE 1192
Demandability or extinguishment depends on the arrival of a period that is certain to come.
Obligations with a Period
What article says that when the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of article 1197.
ARTICLE 1180
Suspensive or ex die is when the obligation is demandable upon perfection but extinguished upon the laps of the period. True or False?
False - Resolutory or In diem
What article supports that obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain.
ARTICLE 1193
Deanna owes Clara 10,000 which is due on Dec. 31, 2020 but paid on Dec. 31, 2019. Assuming it is January 31, 2020 today and she has a family emergency and needs the fund, can she still recover what has been paid by mistake? - What article supports that?
Yes, Article 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, may be recovered
Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both parties, unless from the tenor of the same or other circumstances it should appear that the period has been established in the favor of one or of the other.
Article 1195
what are the instances when the court may fix a period
a. if the obligation does not fix a period but from its nature and circumstances, it can be inferred that a period was intended.
b. When the duration of the period depends upon the will of the debtor.
V owes Z P100,000 due and payable on December 25. If V becomes insolvent on October 25, Can Z demand immediate payment from V even before December 25? Yes or No
Yes and what article will support?
Suppose that V agreed to the period in consideration of the promise of Z to repair V’s computer. If Z violates her undertaking, then V has the right to demand immediate payment of the loan?
Yes and what article will support?
Various prestations are due but performance of one is sufficient
ALTERNATIVE OBLIGATIONS
A person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. - what article?
Article 1199
V offered Z that he will pay her with the only resources that he has and the options are to deliver a pack of 10 kilos of illegal drugs, or a SMART TV, or a hectare of land. Z can only choose between the SMART TV or the hectare of land since 10 kilos of illegal drugs is deemed unlawful. Based on what article?
Article 1200 - debtor shall have no right to choose those prestations which are impossible, unlawful, or which could not have been the object of the obligation.
D borrowed P10,000 from C. It was agreed that D could pay P10,000 or deliver his piano on August 22. On August 20, D informed C that the former would deliver his piano. Can D still change his period considering that he was given the right of choice?
D can still change his period considering that he was given the right of choice, as stated in Article 1201, the choice shall produce no effect except the time it was communicated. D can choose between the two prestations as long as there is consent from C
The debtor cannot lose the right of choice even if only one is practicable among the prestations. True or False?
FALSE - he has to lose the right of choice
If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. T/F
True
If the cause of the loss of the object is due to a fortuitous event, obligation is extinguished. True or False?
True - obligation should be extinguished
Under a contract, X (obligor) promised to deliver to Y (obligee) item one, or item two, or item three. Y was given the right of choice. What is the liability of X incase, Item two is lost or destroyed by his fault?
According to Article 1205, X should perform the obligation by delivering to Y which among the remaining substitutes the latter has chosen, either item one or item two, or the price of which with a right to damages
Under a contract, X (obligor) promised to deliver to Y (obligee) item one, or item two, or item three. Y was given the right of choice. What is the liability of X incase, all the items are lost or destroyed by his fault?
In Article 1205, if all things are lost through the fault of the obligor, the choice by the obligee falls upon the price of any one of the choices including indemnity for damages
Another kind of distributive obligation according to object wherein there is only one prestation being agreed upon but the obligor is given the right to substitute the thing with another that is not due.
FACULTATIVE OBLIGATION
S (seller) sold his TV set to B (buyer) who gave S the option to deliver instead his refrigerator. Is S liable to B in case the TV is lost through S’s fault? The thing is lost due to the obligor’s fault,
As stated in Article 1206, if the thing is lost due to the obligor’s fault, in this case, the seller’s (S) fault, he is liable for the loss of the substitute on account of his delay, negligence, and fraud.
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
SOLIDARY - one for all, all for one(Pareho kayong debtor pwede mong bayadan ng buo yung utang nyong dalawa. Ikaw na nagbayad, pwede kang humingi ng reimbursement sa co-debtor mo ng bayad para sa inutang nya)
one 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.
Joint Obligation
Words used to indicate joint liability
- Mancomunada
- Mancomunada Simple
- Pro rata
- Proportionately
- “We promise to pay” signed by two or more persons
The concurrence of two or more creditors or of 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 that each one of the latter is bound to render, entire compliance with the prestation. What is the exception?
when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.
A, B, C are jointly liable to D, E F a Honda Civic worth 150,000. A (debtor) became insolvent and D (Creditor) renounces his right. Can E and F get 50,000 from B and 50,000 from C? Yes or No
Yes, Based on Article 1209
A, B, C are jointly liable to D, E F a Honda Civic worth 600,000. A (debtor) became insolent and D (Creditor) renounces his right. D, E and F has the rights of a creditor against the insolvent of A. They can file a case against him?
Not all creditors since D renounces his right already so only E and F can file a case
The Indivisibility of an obligation does not necessarily give rise to solidarity nor does solidarity imply indivisibility. True or False?
True
A, B, C and D are solidary debtors obliged to pay E 40,000 to be payable 10,000 starting from Jan, Feb, March to April. Assuming today is January, E can collect the 10,000 from either from A, B C and D? True or False
True since this is the essence of solidarity - right of creditor to enforce and the part of the debtor to answer liabilities
A solidary creditor can assign his rights even without the consent of the others. True or False?
False based on article 1213, consent is needed because it is possible that the other parties is not confident or has not trust on the assignee
