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Oblicon > Kinds Of Obligation > Flashcards

Kinds Of Obligation Flashcards

1
Q

What is a Pure Obligation?

A

An obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties.

Pure obligations are demandable at once.

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2
Q

When is an obligation subject to a resolutory condition demandable?

A

It is demandable without prejudice to the effects of the happening of the event.

This refers to obligations that may be terminated by a future event.

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3
Q

What defines a Conditional Obligation?

A

The acquisition of rights depends upon the happening of a future event.

Conditional obligations can be suspensive or resolutory.

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4
Q

What are the two types of conditions in obligations?

A
  • Suspensive
  • Resolutory

Suspensive conditions give rise to obligations, while resolutory conditions extinguish them.

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5
Q

What happens if a condition is impossible?

A

The obligation which depends upon it shall be annulled.

If the obligation is divisible, the part not affected remains valid.

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6
Q

What is a Potestative Condition?

A

A condition dependent solely on the will of one of the parties.

If it solely depends on the debtor, the obligation is void.

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7
Q

How are physically impossible conditions characterized?

A

They cannot exist or cannot be done in the nature of things.

Legally impossible conditions are contrary to law or public policy.

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8
Q

What does Article 1186 state about constructive fulfillment?

A

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

This applies unless the obligor acts in the exercise of a right.

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9
Q

What is the general rule regarding the effects of fulfilled conditions?

A

The effects shall retroact to the day of the constitution of the obligation.

This applies to obligations to give; the retroactive effect may vary for obligations to do.

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10
Q

What distinguishes a period from a condition?

A
  • A period is certain to arrive
  • A condition is uncertain

If a period is impossible, the obligation is void.

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11
Q

What is a Suspensive Period?

A

An obligation that is demandable only when a day certain has been fixed.

It takes effect immediately but terminates upon the arrival of the day certain.

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12
Q

What are the kinds of loss in obligations?

A
  • Physical Loss
  • Legal Loss
  • Civil Loss
  • Deterioration
  • Improvement

Each type of loss affects the obligation differently.

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13
Q

What is the effect of deterioration during the pendency of a condition?

A

If it deteriorates without the fault of the debtor, the impairment is borne by the creditor.

If through the fault of the debtor, the creditor may choose rescission or fulfillment with indemnity.

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14
Q

What is the creditor’s remedy before the fulfillment of a condition?

A

The creditor may bring appropriate actions for the preservation of his right.

This includes legal actions to secure rights over the determinate thing.

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15
Q

What is the difference between unilateral and reciprocal obligations in terms of retroactive effect?

A
  • Unilateral Obligations: No retroactive effect
  • Reciprocal Obligations: May have retroactive effects

Retroactivity applies unless agreed otherwise.

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16
Q

What characterizes a resolutory period?

A

It is valid up to a certain day and terminates upon arrival of that period.

Resolutory periods take effect at once.

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17
Q

What happens if an obligation does not state a period but one is intended?

A

The courts may fix the duration of the period.

This is based on the nature and circumstances of the obligation.

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18
Q

What is Usufruct?

A

The right to enjoy the use and fruits of a thing belonging to another.

Usufructuaries may make improvements but may not be indemnified.

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19
Q

What is the court’s discretionary power regarding rescission under Article 1191?

A

The court may allow a period for performance if just cause exists for giving time to the debtor

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20
Q

Under Article 1191, when will rescission not be granted?

A

For slight breaches of contract; the violation must be substantial

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21
Q

What should a judge do if a debtor is in default but willing to pay the balance if given more time?

A

Find cause just and grant a term for performance

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22
Q

Define ‘definite’ according to Article 1193.

A

A day certain is one that must necessarily come, though the exact time may be unknown

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23
Q

Define ‘indefinite’ according to Article 1197.

A

An obligation without a fixed period, inferred to have a period from its nature or circumstances

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24
Q

What is presumed when a period is designated in an obligation according to Article 1196?

A

It is presumed to benefit both the creditor and debtor

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25
Q

When does a debtor lose the benefit of the period according to Article 1198?

A

When the debtor becomes insolvent or fails to provide promised security

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26
Q

What happens if the security given by the debtor deteriorates?

A

The security is deemed to have disappeared, allowing the creditor to demand payment

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27
Q

True or False: A debtor can recover payments made by mistake during the pendency of a suspensive condition.

A

True

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28
Q

Under what condition can a debtor recover interests on a mistakenly paid sum?

A

Only if the creditor acted in bad faith

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29
Q

What is the general rule regarding obligations before the lapse of a period?

A

The obligation is not demandable before the lapse of the period

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30
Q

What is a ‘simple obligation’?

A

An obligation where there is only one prestation

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31
Q

What defines a ‘conjunctive obligation’?

A

An obligation where several prestations are due and all must be performed

32
Q

What is an ‘alternative obligation’?

A

An obligation where the debtor can choose to perform one of several prestations

33
Q

Whose right of choice generally belongs in an alternative obligation?

A

The debtor, unless expressly granted to the creditor

34
Q

What happens when the choice in an obligation is communicated?

A

The obligation ceases to be alternative and becomes simple

35
Q

What is the effect of an attempt by a debtor to abscond?

A

It is a sign of bad faith and may lead to loss of the benefit of the period

36
Q

What is a ‘facultative obligation’?

A

An obligation where only one prestation is agreed upon, but another may be rendered in substitution

37
Q

When may a debtor rescind a contract according to Article 1203?

A

If the creditor’s acts prevent the debtor from making a choice according to the terms of the obligation

38
Q

What happens if all things in an obligation are lost through the fault of the debtor?

A

The creditor may claim the price of any lost items plus damages

39
Q

What is the difference between principal and substitute obligations?

A

Principal obligations are not extinguished after substitution, while substitute obligations can be extinguished after substitution.

Principal obligations refer to the original obligation, whereas substitute obligations involve an alternative performance.

40
Q

What distinguishes alternative obligations from facultative obligations based on the number of prestations?

A

In alternative obligations, several prestations are due but compliance with one is sufficient; in facultative obligations, only one prestation is due, although substitution is allowed.

Alternative obligations allow for multiple options, while facultative obligations specify one main duty with the option for substitution.

41
Q

In alternative obligations, what happens if one of the alternatives is lost through a fortuitous event?

A

The obligation is not extinguished.

This means that the debtor is still bound to fulfill the obligation despite the loss of one alternative.

42
Q

In facultative obligations, what is the consequence of losing the thing due through the fault of the debtor?

A

The obligation is extinguished.

This indicates that the debtor is liable for the loss since the obligation is dependent on a specific performance.

43
Q

Define a simple obligation.

A

An obligation with only one obligor or one obligee.

Simple obligations involve a direct relationship between one debtor and one creditor.

44
Q

What is a collective obligation?

A

An obligation where the credit or debt is presumed to be divided among multiple creditors or debtors, considered distinct from one another.

Collective obligations recognize the independent nature of each creditor’s or debtor’s share.

45
Q

What is the effect of a demand by one creditor upon one debtor in a collective obligation?

A

It produces effects of default only with respect to the creditor who demanded and the debtor on whom the demand was made.

Other creditors or debtors remain unaffected by this demand.

46
Q

What characterizes a solidary obligation?

A

Each debtor is bound to render entire compliance, and each creditor has the right to demand full compliance from any debtor.

Solidary obligations create joint liability among debtors and creditors.

47
Q

Under what conditions does solidary liability arise?

A

When the obligation expressly states solidarity or when the law or the nature of the obligation requires it.

Solidarity is not assumed; it must be clearly established.

48
Q

What happens if a solidary creditor executes an act like novation or remission?

A

The obligation is extinguished, but the creditor must be liable to the others for their shares.

This ensures that all creditors are treated fairly and compensated for their respective shares.

49
Q

What is the rule regarding payment in solidary obligations?

A

The debtor may pay any one of the solidary creditors, but if a demand has been made, payment should be made to that creditor.

This protects the rights of the creditor who made the demand.

50
Q

What is the significance of prescription in obligations?

A

Prescription extinguishes the right to file an action or obligation by the lapse of time fixed by law.

This legal principle transforms enforceable obligations into unenforceable ones after a specified period.

51
Q

What is the time limit for actions upon a written contract?

A

Ten years from the time the right of action accrues.

This is the general period specified by law for written contracts.

52
Q

Define a divisible obligation.

A

An obligation that is susceptible to partial performance.

Examples include tasks that can be completed in segments or measurable units.

53
Q

What is an indivisible obligation?

A

An obligation that is not susceptible of partial performance, regardless of physical divisibility.

Even if a service or object can be divided, the obligation may remain indivisible if specified by law or intent.

54
Q

What happens if the object or service of an obligation is physically divisible?

A

It may still be deemed indivisible if so provided by law or intended by the parties.

Intent and legal provisions can override physical characteristics.

55
Q

What is the effect of partial performance in obligations?

A

The creditor cannot be compelled to partially receive prestations without an express stipulation.

This protects the integrity of the obligation as a whole.

56
Q

What is the rule regarding defenses available to a solidary debtor?

A

A solidary debtor may use defenses related to the nature of the obligation or personal defenses pertaining to his share.

This allows debtors to protect themselves while still holding them accountable for their obligations.

57
Q

What does Article 1169a state about liquidated and unliquidated obligations?

A

The creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter.

58
Q

What is the significance of divisibility or indivisibility in obligations with one debtor and one creditor?

A

It does not alter or modify the provisions of Chapter 2 of this Title.

59
Q

In obligations with one debtor and one creditor, how must the debtor perform the obligation?

A

In its totality, regardless of whether the prestation is divisible.

60
Q

According to Article 1248, can a creditor be compelled to receive partial prestations?

A

No, unless there is an express stipulation to that effect.

61
Q

What does Article 1233 stipulate about the payment of a debt?

A

A debt shall not be understood to have been paid unless the thing or service has been completely delivered or rendered.

62
Q

Does the indivisibility of an obligation imply solidarity among debtors?

A

No, indivisibility does not necessarily give rise to solidarity.

63
Q

What distinguishes indivisibility from solidarity in obligations?

A

Indivisibility refers to the prestation, while solidarity refers to the legal ties binding the debtors.

64
Q

In indivisible obligations, who is liable for damages in case of breach?

A

Only the debtor guilty of breach is liable for damages.

65
Q

What is the liability of multiple debtors in a joint indivisible obligation if one debtor is insolvent?

A

The others shall not be liable for his share.

66
Q

What happens if a prestation becomes impossible without fault of solidary debtors?

A

The obligation shall be extinguished.

67
Q

In the case of a joint indivisible obligation, how is indemnity for damages handled?

A

Indemnity arises from the time anyone of the debtors does not comply with his undertaking.

68
Q

What is the rule for obligations not to do regarding divisibility?

A

Divisibility or indivisibility is determined by the character of the prestation in each particular case.

69
Q

What is the key difference between joint and solidary obligations?

A

In joint obligations, only the non-faulty debtor is liable for damages; in solidary obligations, all debtors are liable.

70
Q

What does Article 1226 state about obligations with a penal clause?

A

The penalty substitutes indemnity for damages and payment of interests in case of noncompliance.

71
Q

Can a creditor recover damages in addition to a penalty in obligations with a penal clause?

A

Yes, under certain conditions such as refusal to pay the penalty or if the obligor is guilty of fraud.

72
Q

What does Article 1228 specify about proving actual damages for a penalty?

A

Proof of actual damages is not necessary to demand the penalty; only violation of the obligation needs to be shown.

73
Q

What happens if the principal obligation is null but the penal clause is valid?

A

The injured party may recover indemnity for damages as if no penalty had been stipulated.

74
Q

What is the rule regarding the debtor’s ability to exempt himself from performance by paying a penalty?

A

The debtor cannot exempt himself unless this right has been expressly reserved for him.

75
Q

What must a creditor do if they choose to enforce a penalty after a debtor has performed?

A

They may only enforce the penalty if this right has been clearly granted in the contract.

76
Q

What is the judge’s role regarding the reduction of penalties?

A

The judge shall equitably reduce the penalty if the principal obligation has been partly or irregularly complied with.

77
Q

What happens to liquidated damages if they are found to be iniquitous or unconscionable?

A

They shall be equitably reduced.

Oblicon (2 decks)

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