CHAPTER 4 EXTINHGUISHMENT OF OBLIGATIONS

Question 1

when the debtor voluntarily performs the
prestation stipulated

Answer 1

normal

Question 2

when he is forced by means of a judicial
proceeding either to comply with prestation or to pay
indemnity

Answer 2

abnormal

Question 3

may either be -
1. direct (when the law prohibits the performance or
execution of the work agreed upon, i.e. when it is
immoral or dangerous)

Answer 3

Legally impossibly

Question 4

examples – death of the debtor;
when there is an accident…

Answer 4

Physical impossibly

Question 5

proposes modification of the financial terms and conditions of a contract or, where appropriate, termination of the contract.

Answer 5

DOCTRINE OF UNFORESEEN EVENT

Question 6

debts are of the same amount.

Answer 6

Total compensation

Question 7

Debts are not of the same
amount; operative only up to the concurrent
amount.

Answer 7

Partial compensation

Question 8

either
passive or active. Passive if there is
substitution of the debtor. Active if
a third person is subrogated in the
rights of the creditor.

Answer 8

Subject or Personal Novation

Question 9

substitution of
the object with another or
changing the principal conditions

Answer 9

Objective or real novation

Question 10

Combination of subjective
and objective

Answer 10

Mixed Novation

Question 11

parties declare that the old obligation is
substituted by the new

Answer 11

Express novation

Question 12

an incompatibility exists between the old
and the new obligation that cannot stand together

Answer 12

Implied novation