Code III - Obligations

Question 1

Natural Obligations

Answer 1

moral but not a judicially enforceable duty to render performance

Freely rendered performance NOT reclaimable

Question 2

Strictly Personal Obligations

Answer 2

only enforceable by the original obligee against the original obligor

Question 3

Heritable Obligations

Answer 3

enforceable by or against the successors

Question 4

Conditional Obligations

Answer 4

occurrence depends on an uncertain event

Question 5

Suspensive Condition

Answer 5

obligation is not enforced unless and until the uncertain event occurs

Question 6

Resolutory Condition

Answer 6

immediately enforceable but ends if the uncertain event happens

Question 7

Several Obligations

Answer 7

separate performances are owed

Question 8

Joint Obligations

Answer 8

one performance is owed and NO joint obligor is bound for the whole

Question 9

Solidary Obligations

Answer 9

each owes the whole performance

Question 10

Conjunctive Obligations

Answer 10

must render multiple items of performance, each one of which may be separately rendered

Question 11

Alternative Obligations

Answer 11

obligor is bound to render one of two or more items of performance

Question 12

Divisible Obligation

Answer 12

object of performance may be divided

Question 13

Indivisible Obligation

Answer 13

object of performance (by its nature or agreement) is not susceptible of division

Question 14

Assumption

Answer 14

third person agrees to assume an obligation of the obligor

Does NOT release original obligor

Question 15

Subrogation

Answer 15

takes the place of the obligee and the obligation is extinguished only for the original obligee

Question 16

Conventional Subrogation

Answer 16

made by agreement

Question 17

Legal Subrogation

Answer 17

1. When obligee pays another obligee with superior rights
2. when a purchaser of property uses the purchase money to pay a creditor with a real right to a property
3. obligor who owes a debt with others pays that debt and has recourse against the others
4. when a successor pays an estate debt with his own funds
5. law provides

Question 18

Transfer of immovables

Answer 18

generally must be in writing

Question 19

Requires a Writing:

Answer 19

1. transfer of immovable
2. promise to pay the debt of a third person
3. promise to pay a debt extinguished by prescription
4. a compromise
5. Suretyship

Question 20

Novation

Answer 20

extinguishing of an existing obligation by the substitution of a new one

NEVER PRESUMED

Question 21

Objective Novation

Answer 21

new performance or a new cause

Question 22

Subjective Novation

Answer 22

substitution of a new obligor

Question 23

Compensation

Answer 23

extinguishing two obligations simultaneously

By operation of law:
1. two persons owe each other sums of money or things identical in kind
2. these sums or quantities are liquidated and presently due