Conjunctive & Alternative, Divisible & Indivisible Obligations Flashcards
What is a conjunctive obligation?
When it binds obligor to multiple items of performance that may be separately rendered or enforced. Each item is regarded as a separate obligation
What is example of a conjunctive obligation?
payments of rent, payment in installations
When doe prescriptive periods start in conjunctive obligations?
They run separately for each obligation.
What is the prescriptive period for loans?
3 years
What is an acceleration clause?
Can evict or demand payment in full for all conjunctive obligations.
What is an alternative obligation?
when an Or is bound to render only one of two or more items of performance.
What is the legal nature of choice?
A juridical act
Who chooses?
Default is to obligee
How long to choose?
Certain or uncertain term
What happens after choice is made?
Becomes pure and simple obligation for that item
When the pending choice belongs to OR and an item is destroyed by fortuitous event or becomes unlawful…
Or still owes a remaining item
When choice belongs to Or, If one item is destroyed by Or…
Still owes a remaining item
If Oee destroys an item, when choice belongs to OR
Or may choose a remaining item or terminate the obligation
When choice belongs to Or and all items are destroyed… and Or is at fault for at least one…
Or is liable for damages for the item that perished last in chronological order
if ALL items become destroyed by fortuitous event.
Obligation is extinguished
If both parties are at fault?
Obligation likely extinguished
When choice belongs to Oee and an item is destroyed by fortuitous event or becomes unlawful
Oee must choose a remaining item
When choice belongs to Oee, and Oee destroys an item
Oee must choose either one of the items or damages for any item of choice that perished because of his fault
If ALL items are destroyed by Or, and choice is Oee..
Then Oee is owed damages of item of his choice
What is a facultative obligation?
When the obligor binds herself to a particular and determined performance, but reserves the faculty (privilege)
What is an example of a facultative obligation?
Seller sells house for 30k when worth 100k, sale effective lesion. Buyer can either (1) give house back (2) supplement the payment to get to 50%
What is a divisible obligation? and an example of one?
An obligation that is susceptible of division. Obligation to give (transfer a right), monetary obligations
What happens if its a joint divisible obligation?
Each Or is bound to perform and each Oee is entitled to only their portion
What are the effects of divisible obligations among successors?
Each successor only liable for their share of a divisible Obligation.
What is an indivisible obligation? And an example of one?
When the the object of indivision, bc of its nature or intent of parties, is not susceptible to division.
Obligations to do, not to do, obligations agreed as indivisible
What’s the effect of a divisible obligation between just two parties?
Treated as indivisible. Owe $100 = indivisible
What are the effects of an indivisible obligation when there are more than one Or and Oee? What’s an example of this?
its subject to the rules governing solidary obligations.
A and B promise to deliver a cat to C. C can sue A and or B for full performance of the cat
What are the effects of indivisible obligations among successors?
It may not be divided up among successors of obligor, subject to rules of solidary
Special rules for successors ?
A promises to deliver cat to B. A dies and ins inherited by X and Y. B can sue X and or Y for full performance of the cat
Solidarity is NOT indivisibility? What does that mean give example.
A stipulation of solidarity does not make an obligation indivisible. A and B promise to pay $100 to Ca as solidary Ors. Stipulation of solidarity does not make this debt indivisible. Thus, if A dies, his portion of the debt is divided among heirs.
What is a Several Obligation for obligors?
When different Ors owes a separate performance to one Oe. The obligation is several for the Ors. One act must create obligation
What is Several Obligation of Oees?
When an Or owes separate performances to each different Oee. One act of fact creates the obligation
What are the effects of several obligations?
they produce the same effects as separate obligation owed to each Oe by an Or or by each Oe by an Or
Incidents involving one of the multiple Or/Oee have no impact on other parties
However absolute nullity of one party affects all parties
What is a joint obligation for Ors?
When different Ors owe together just 1 performance to 1 Oee, but neither is bound for the whole. The obligation is joint for the Ors
What is a joint obligation for Oees?
When 1 Or owes just 1 performance for the common benefit of Oees, neither of whom is entitled to the whole performance, the obligation is joint for the Oees
What happens if a joint obligation is divisible?
Each joint Or is bound to perform and each join Oee is entitled to receive, only his portion. A and B owe 100 to C. Money is divisible Thus A and B are liable for 50 ea
What happens if the joint obligation is indivisible?
then the obligation is subject to the rules of Solidary
What is a solidary obligation of Oee(active solidarity)
when it gives each Oee a right to demand the whole performance
What are the effects for active solidarity?
Incidents involving one solidary Oee affect all.
Each solidary Oee can demand whole performance
Virile portions presumed equal.
Solidary Oee collecting whole performance must give other Oees their virile portions
What is a solidary obligation of a Or (passive solidarity)
When each Or is liable for whole performance. A Performance by one relieves all the others.
Is solidarity presumed?
No
What are the effects of passive solidarity.
Each Or is bound for whole performance .
Oee may sue any Or for whole performance
modalities may exist for some or all Ors
Interruption of prescription for one Or affects all
Or who performed has a right to contribution against co Ors
What defenses may a solidary Or raise?
Defenses that are personal to him, or common for all. Not personal for another
What is the liability of solidary Ors between themselves?
Each solidary Or liable for virile portion.
What is contribution in solidary obligations?
Solidary Or who performed is legally surrogated the rights of Oe, and can claim only grille portion of other Ors
What happens when the Oee sues one solidary Or?
Or can exercise his right of contribution by making other solidary Ors contribute.
What happens if one solidary Or becomes insolvent?
The loss must be borne by other Ors
What does a transfer of obligations mean?
Substituting a new subject (Or or Oee) without altering the obligation.
What is an assumption of an obligation?
An addition of a new obligor who assumes the obligation of the original obligor
Is the original obligor released?
No. If the original Or is released then it is subjective novation
Does assumption require an agreement?
Yes. between original Or and assuming Or, or between Oee and assuming Or
Does the agreement have to be in writing?
No
Does the Oee need consent?
No
What is a third party beneficiary?
relationship between stipulator and promisor when beneficiary is a creditor of the stipulator.
What is subrogation?
The substitution of one person’s rights for another. It may be conventional or legal
Does subrogation transfer a right or an asset?
A right.
What is abrogation?
The addition of a creditor
What is conventional subrogation of an Oee?
An Oee who receives performance from a 3rd person may subrogate that person to the rights of the Oee, WITHOUT Or’s consent.
Does a Oee have to notify the Or of the subrogation?
Yes, but consent not required.
What is a subrogee?
The new creditor who subrogate the Oee.
What is conventional subrogation?
an agreement between old and new creditor.
What is a good example of subrogation?
A gift card, transferring the right to use it when you give it someone else.
What is subrogation by operation of law?
When a solidary Or pays the debt he owes with other, he has recourse against others for their debts as result of that payment
What are the effects of a legal subrogation?
The new Oee may recover from theOr only to the extent of the performance rendered to the original Oee, The new Oee may NOT recover more by invoking convention obligation. MANDATORY LAW.
What is real subrogation?
Disposition of nonconsumable things. Real rights attach
What is subjective and objective novation?
Kills the old obligation and replace it with a new one. Objective = change the object
Subject = change the subjects (the parties)
