Chapter 3- Kinds Of Obligations

Question 1

When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void

Answer 1

Article 1182

Question 2

Every obligation whose performance does not depend upon a future or uncertain event or upon a past event unknown to the parties is demandable at once.

Answer 2

Article 1179

Question 3

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

Answer 3

Article 1180

Question 4

In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired shall depend upon the happening of the event which constitutes the condition.

Answer 4

Article 1181

Question 5

The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place.

Answer 5

Article 1184

Question 6

Impossible conditions, those contrary to good customs or public policy and prohibited by law, shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is NOT affected by impossible condition shall be valid.

The condition not to do an impossible thing shall be considered as not having been agreed upon

Answer 6

Article 1183

Question 7

The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation.

In obligation to do or not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.

Answer 7

Article 1187

Question 8

The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated elapsed or evident that event cannot occur.

If no time has been fixed, the condition shall be deemed fulfilled, bearing in mind the nature of obligation.

Answer 8

Article 1185

Question 9

The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.

The debtor may recover what, during the same time, he has paid by mistake in case of a suspensive.

Answer 9

Article 1188

Question 10

The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.

Answer 10

Article 1186

Question 11

When the condition have been imposed with the intention of suspending the efficiency of an obligation to give, the ff rules shall be observed in case of improvement, loss/deterioration of the thing due during the pendency of condition:

1. If the thing is lost WITHOUT the fault of the debtor, the obligation is EXTINGUISHED.
2. If the thing is lost WITH the fault of the debtor, he shall be obliged to pay damages.
3. When the thing deteriorates WITHOUT the fault of the debtor, the impairment is to be borne by the creditor.
4. When the thing deteriorates THROUGH the fault of the debtor, creditor may choose between the rescission of the obligation and fulfillment with indemnity for damages.
5. When the thing is improved by its nature or by time, the improvement shall be the benefit of the creditor, the improvement shall be the benefit of the creditor.
6. When the thing is improved at the expense of the debtor, she have no other right than that granted to the usufructuary.

Answer 11

Article 1189

Question 12

The power to rescind obligation is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him.

The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter become impossible.

This is understood to be without prejudice to the rights of 3rd persons who have acquired the thing, in accordance with article 1385 and 1388 and the mortgage law.

Answer 12

Article 1191

Question 13

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 the arrival of the day certain.

A day certain is understood to be that which must necessarily come, although it may not be known when.

If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding section.

Answer 13

Article 1193

Question 14

When the obligation have their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions, shall return to each other what they have been received.

In case of loss, deterioration or improvement of the thing, the provision which, with the respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return.

As of obligations to do and not to do, the provision of the 2nd paragraph of article 1887 shall be observed as regards the effects of the extinguishment of the obligation.

Answer 14

Article 1190

Question 15

In case both parties have committed a breach of contract, the liability of the 1st infractor shall be equitably tempered by the courts. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages.

Answer 15

Article 1192

Question 16

If the obligation does not fix a period, but from its nature and circumstances it can be inferred that a period was intended, the courts may fix the duration thereof.

The courts shall also fix the duration of the period when it depends upon the will of the debtor.

In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by courts, the period cannot be changed by them.

Answer 16

Article 1197

Question 17

In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Article 1189 shall be governed.

Answer 17

Article 1194

Question 18

Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and debtor, unless from the tenor of the same or other circumstances, it should appear that the period has been established in favor of one or of the other.

Answer 18

Article 1196

Question 19

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 with fruits and interest.

Answer 19

Article 1195

Question 20

The creditor shall have a right to indemnity for damages, when through the fault of the debtor, all the things which are alternatively the object of obligations have been lost, or the compliance of the obligation has become impossible.

The indemnity shall be fixed taking as a basis the value of the last thing which disappeared or that of the service which last become impossible.

Damages other than the value of the last thing or service may also awarded.

Answer 20

Article 1204

Question 21

When only one prestation has been agreed upon, but the obligor may render another substitution, the obligation is called facultative.

The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor does not render him liable. But once the substitution has been made, the obligor is liable for the loss of the substitute on according of his delay, negligence or fraud.

Answer 21

Article 1206

Question 22

The debtor shall lose every right to make sure of the period:

1. When after the obligation has been contracted, he comes insolvent, unless he gives a guaranty or security for the debt.
2. When he does not furnish to the creditor the guaranties or securities which he has promised.
3. When by his own acts he has impaired said guaranty or security after their establishment, and when through a fortuitous event, they disappear, unless he immediately gives a new one equally satisfactory.
4. When the debtor violates any undertaking, in consideration of which the creditor agreed to the period.
5. When the debtor attempts to abscond.

Answer 22

Article 1198

Question 23

If through the creditor’s acts, the debtor cannot make a choice, according to the terms of obligation, the latter may rescind the contract with damages.

Answer 23

Article 1203

Question 24

The right of choice belongs to the debtor, unless expressly granted to the creditor.

The debtor shall have no right to choose, those prestation which are impossible, unlawful or which could not have been the object of obligation

Answer 24

Article 1200

Question 25

A person alternatively bound by different prestation shall completely perform one of them.

The creditor cannot be compelled to receive part of one and part of the other undertaking.

Answer 25

Article 1199

Question 26

The debtor shall lose the right of choice when among the prestation, only one is practicable.

Answer 26

Article 1202

Question 27

When the choice has been expressly given to the creditor, the obligation shall cease to be alternative form the day when the selection has been communicated to the debtor.

Until then then responsibility of the debtor:

1. If one of the things is lost through fortuitous event, he shall perform obligation by delivering that which creditor chose among the remainder.
2. If the loss of one of the things occur through the fault of the debtor, creditor may claim any of the subsisting or the price of that which with the right to damages.
3. If all the things are lost through the fault of the debtor, the choice by creditor shall upon the price of any one of them with indemnity.

Answer 27

Article 1205

Question 28

The choice shall produce no effect from the time it has been communicated.

Answer 28

Article 1201

Question 29

Solidarity may exist although the creditors and debtors may not be bound in the same manner and by the same periods and conditions.

Answer 29

Article 1211

Question 30

The concurrence of 2 or more creditors of 2 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 period latter is bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or nature of obligation requires solidarity.

Answer 30

Article 1207

Question 31

The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility.

Answer 31

Article 1210

Question 32

If from the law or the nature or wording of the obligations to which the preceding article refers, the contrary does not appear, the credit/ debit shall be presumed to be divided into as many equal shares as there are creditors/ debtors, the credits/ debits being considered distinct from one another

Answer 32

Article 1208

Question 33

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 against all the debtors. If one of the latter should be insolvent, the others shall not be liable for his share.

Answer 33

Article 1209

Question 34

Payment made by one of the solidary debtors extinguishes the obligation. If 2 or more solidary debtors offer to pay, the creditor may choose which offer to accept.

He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded.

When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion.

Answer 34

Article 1217

Question 35

A solidary creditor cannot assign his rights without the consent of the others.

Answer 35

Article 1213

Question 36

Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors shall extinguish the obligation.

The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to others for the share corresponding to them.

Answer 36

Article 1215

Question 37

The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, as long as the debt has not been fully collected.

Answer 37

Article 1216

Question 38

The debtor may pay any one of the solidary creditors; but if any demand, judicial/ extrajudicial, has been made by one of them, payment should be made to him.

Answer 38

Article 1214

Question 39

A solidary debtor may, in action filed by the creditor. avail himself of all defenses which are derived from the nature of the obligation and which are personal to him, pertain to his own share. With respect to those which personally belong to the others.

Answer 39

Article 1222

Question 40

Payment by a solidary debtor shall not entitle hum to reimburse from his co-debtors if such payment is made after become illegal.

Answer 40

Article 1218

Question 41

The remission of the whole obligation obtained by one of the solidary debtors does not entitle him to reimbursement from his co-debtors.

Answer 41

Article 1220

Question 42

If the thing has been lost or if the prestation has become impossible without fault of solidary debtors the obligation is extinguished.

If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and payment of damages and interest.

If through a fortuitous event, the thing is lost or performance become impossible after one of the solidary debtors has incurred in delay through judicial/ extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply.

Answer 42

Article 1221

Question 43

The remission made by the creditor of the share which affects one of the solidary debtor does not release the latter from his responsibility towards the codebtors, case the debt had been totally paid by anyone of them before the remission was effected.

Answer 43

Article 1219