Exercises Flashcards
Under obligations, an active subject, also known as the________________, who has the power to demand the prestation
Obligee or Creditor
Under kinds of period or term as to source, Article 1197 Par 3, in every case, the court shall determine such period as may under circumstances have been contemplated by both parties. Once fixed by the courts, the period cannot be changed by them.
True
________________________ property is alienated to the creditor in satisfaction of a debt in money shall be governed by laws of sales.
Dation in Payment
Mr. Chan broke a window of Ms. Pat while playing ping-pong. The accident would have not happened had Mr. Chan played far from the property of Ms. Pat. In this case, Mr. Chan has no obligation to pay the damage caused to Ms. Pat by his act although there are no pre-existing sources of obligation.
True
General rule: Nullity of principal obligation, also nullify ____________________
Penalty Cause
Under payment by Cession, the debtor may cede or assign his property to his creditors in payment of his debts unless _______________________________.
there is stipulation to the contrary
Under obligation to give, when a minor 18-21 entered into a contract without parental consent, voluntarily pays the sum of money and delivers a fungible thing in fulfillment of an obligation, there shall be no right to recover the same from the oblige who has spent or consumed it in good faith
True
When only one prestation is agreed upon, but the obligor may render another substitution, the obligation is ________________________.
Facultative
Under Estoppel, when oblige accepts the performance knowing its incompleteness or irregularity and without expressing any protest or objection, the obligation is deemed ____________________________.
fulfilled/complied with
A ______________________ is a meeting of minds between two persons whereby one binds himself with respect to the other, to give something or to render service.
contract
Under Obligations with Penal clause, the following are the effects of the penal clause
- Substitute for indemnity for damages and payment of interest
- Creditors cannot demand both performance and penalty at the same time.
- Not exempt debtor for performance
Under kinds of Penal clause as to purpose, _______________________ substitutes the damages suffered by the creditor; the matter of damages is generally resolved, and it represents the estimate of the damages that a party might suffer from nonperformance of the obligation, thereby avoiding the difficulties of proving such damages
Punitive
A substantial breach of contract is where part of obligation is performed and gives rise to liability for damages.
False, it is a joint indivisible obligation
One of the requisites of prestation is that it must be possible, if not then the obligation is ___________________
Void
Under obligations with Penal clause, the penalty may be enforced only when it is______________________ in accordance with the provision under Article 1226 par2.
demandable
