LAW ON OBLIGATIONS

Question 1

Obligations demandable at once (3)

Answer 1

Pure Obligation
Obligation in diem
Obligation with a resolutory condition

Question 2

Differentiate potestative condition vs casual condition

Answer 2

Potestative condition depends upon the will of the of one contracting parties while casual condition is based on chance

Question 3

Kinds of conditions which annul an obligation based on their existence (4)

Answer 3

Impossible condition
Suspensive condition which depends upon debtor’s will
Conditions contrary to good customs or public policy
Conditions prohibited by law

Question 4

Effect of payment by mistake during the pendency of the suspensive condition

Answer 4

Debtor can recover interest if creditor acted in bad faith

Question 5

Effect of payment during the pendency of an obligation with a period

Answer 5

Debtor can recover money and with interests whether the creditor acted in good faith or bad faith

Question 6

If during the pendency of the suspensive condition the debtor delivered a specific thing by mistake

Answer 6

Remedies:

1. Accion reinvidiatoria
2. Action for indemnification for damages

Accion reivindicatoria or accion de reivindicacion is, thus, an action whereby the plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. It is a suit to recover possession of a parcel of land as an element of ownership. The judgment in such a case determines the ownership of the property and awards the possession of the property to the lawful owner. It is different from accion interdictal or accion publiciana where plaintiff merely alleges proof of a better right to possess without claim of title[8].

Question 7

Acts made by solidary creditors with any solidary debtors extinguish the solidary obligation but may be subject to possible reimbursement among the solidary creditors and solidary debtors themselves (4)

Answer 7

Novation
Compensation
Confusion
Remission

Question 8

PRESCRIPTION PERIOD FOR QUASI-CONTRACTS

Answer 8

6 YEARS

Question 9

PRESCRIPTION PERIOD FOR ORAL CONTRACTS

Answer 9

6 YEARS

Question 10

PRESCRIPTION PERIOD FOR WRITTEN CONTRACTS

Answer 10

10 YEARS

Question 11

PRESCRIPTION PERIOD FOR COURT JUDGMENT

Answer 11

10 YEARS

Question 12

PRESCRIPTION PERIOD FOR QUASI-DELICTS

Answer 12

4 YEARS

Question 13

EXTINGUISHMENT BY FULFILLMENT OF THE PRESTATION DUE

Answer 13

PAYMENT OR PERFORMANCE

Question 14

Special forms of payment (3/4)

Answer 14

Application of payment (?)
Payment by cession
Payment in kind
Tender of payment or consignation

Question 15

Type of payment which involves the voluntary abandonment of the universality of the property of the debtor for the benefit of his creditors

Answer 15

Payment by cession

Question 16

Legal compensation prohibited but facultative compensation is: 6

Answer 16

Renunciation of the effect of compensation by a party
Obligation arises from: deposit, commodatum
Creditor has claim for future support due by gratuitous title
Debts consists in civil liability arising from crime
Debts pertains from taxes

Question 17

Types of Novation of Obligation

Answer 17

Changing the object of principal conditions
Delegacion or expromission
Legal or Conventional subrogation
Shortening the term of obligation

Question 18

Types of Novation

Answer 18

Subjective or personal
Objective or real
Partial
Implied

Question 19

Remedy of creditor in quasi contract (2 options)

Answer 19

1. Reimbursement

2. If not available: Quantum Meruit

Question 20

Remedies available in the case of civil liability arising from delicts

Answer 20

1. Restitution/restoration
2. reparation
3. Indemnification

Question 21

Requisites for torts (4)

Answer 21

1. Act/ omission
2. Fault/negligence
3. Damage caused
4. Direct relation of 1, 2,3

Question 22

Debtor losses the right of period when

Answer 22

IM-VI-ATT-FUR-IN
iMPAIRED THE GUARANTY
VIOLATES THE UNDERTAKING
ATTEMPTS TO ABSCOND
DID NOT FURNISH THE GUARANTY
INSOLVENCY

Question 23

WHEN COURTS CAN FIXED A PERIOD

Answer 23

NO-REP-WILL
NO PERIOD BUT THE NATURE OF OBLIGATION REQUIRES A PERIOD
RECIPROCAL OBLIGATION-RECISSION APPLIED BY ONE PARTY
WHEN IT DEPENDS ON THE WILL OF THE DEBTOR

Question 24

EFFECT OF FULFILLMENT OF SUSPENSIVE CONDITION

Answer 24

RETROACTS TO THE DAY OF THE FULFILLMENT OF THE OBLIGATION
EXCEPTION:
-FRUITS IN RECIPROCAL OBLI
-PRESCRIPTION HAPPENING OF THE CONDITION

Question 25

EFFECT OF LOSS IN THE CASE OF SUSPENSIVE CONDITION TO GIVE A DETERMINATE THING

Answer 25

WITH DEBTOR’S FAULT-DAMAGES

W/O-EXTINGUISHED

Question 26

EFFECT OF IMPAIRMENT IN THE CASE OF SUSPENSIVE CONDITION TO GIVE A DETERMINATE THING

Answer 26

WITH DEBTOR’S FAULT-EITHER A. EXACT FULFILLMENT PLUS D, OR RECISSION PLUS D
WITHOUT D’S FAULT-BORNE BY CREDITOR

Question 27

EFFECT OF IMPROVEMENT IN THE CASE OF SUSPENSIVE CONDITION TO GIVE A DETERMINATE THING: BY DEBTOR’S EXPENSE, BY NATURE

Answer 27

DEBTOR’S EXPENSE-USUFRUACTURY RIGHT FOR DEBTOR

NATURE-BENEFIT TO CREDITOR

Question 28

A single act can give rise to different sources of obligations, which cannot concur?

Answer 28

Delict and quasi-delict