Law on Obligations Flashcards
In case of suspensive condition and suspensive period, the payment of money by mistake which is not yet due, the amount of money to be returned, respectively, is equal to the
sum of money plus interest if bad faith
sum of money plus interest whether bad faith or not
What are the remedies of a debtor who made a payment by mistake
if the thing is still possessed by the creditor
if the thing is no longer in the possession of the creditor
reindivicatoria - remedy to recover ownership of real property
indemnification for damages
What are the accessory obligation to deliver a determinate thing (3)
to preserve the asset
to deliver the fruits after the obligation to deliver
to deliver accessories (better use) and accessions (attached)
The retroactive effect in case of a conditional obligation
principal
fruits
retroact; mutually compensated if reciprocal or debtor’s if unilateral
Retroactive effect for an obligation with a period
no retroactive effect
General remedies when a debtor fails to pay an obligation
- Specific performance except for service or when determinate thing is already lost
- Substitute performance
- Damages if rescinded
If a creditor first asks for a rescission, can it subsequently demand performance
no
If the accused is acquitted and found that he did not do the act, is there a civil liability
what if there is a reasonable doubt that he did do the act
none; can still be civilly liable
Exclusive damages and additional damages
- Nominal
- Temperate or moderate
- Actual or compensatory
- Liquidated
- Moral
- Exemplary
To vindicate a right; no injury
nominal
With injury but without proof
temperate or moderate
With contract
liquidated
Defense against a vicarious liability and subsidiary liability
defense of a diligence of a good father of a family; none
Penalty is construed strictly against whom
the awarding penalty
Is proof necessary to demand penalty
no
Can damages and interest be awarded in addition to penalty
yes if It is stipulated, debtor refuses to pay the penalty or the debtor is guilty of fraud in the fulfillment of the obligation
Can a single act be a multiple source of obligation
yes
Can there be double recovery for criminal cases involving a single act
no
Cases or persons who are legally solidarily liable (CQHPAB)
crime; quasi-delict; heirs who took possession of the estate; parents to give support; agent who exuded authority; two or more bailees
Can the insolvency of others or personal defense of others be a defense for non-payment
no
Estoppel;
- by his conduct causes others to believe
- Denies a material fact
- neglect to assert his right
in pais
by deed
by laches
What is the effect if the creditor accepts knowingly its irregularity without protest
deemed fully complied with
What will be the effect if payment is made to one who does not have free disposal or capacity to alienate
invalid except when kept or benefited
The place of payment when there is no stipulation
- Where the obligation is constituted
- Debtor’s domicile
How are payments applied if the obligations have or do not have the same nature
proportionately; most honest
What is the legal interest beginning july 1 2013 and before such date
what is the moral interest
6%; 12%; 24%
What are the obligations which are not allowed to be legally compensated
Unenforceable and void
What are the types of compensation (LFCJ)
legal; facultative; conventional; judicial
A compensation initiated by one who has the right to compensate
facultative
depositing, commodatum, future support, victim of a crime, the government
Type of compensation where parties agree
conventional
What is the effect when the creditor who accepted the consignation; authorizes the withdrawal of a thing consigned
the creditors preference
solidary debtors become joint
guarantor released
Generally, the laws of the terminating extinguishes the obligation except when
the proceeds or from criminal offense
Will the creditor have all the rights which the debtor may have against third persons by reason of loss of determinate thing
yes
A change of prestation before and after maturity of the obligation
novation; dacion and pago
Can there still be a valid compensation if the credit was already assigned
no when the creditor has no knowledge or consent or when with consent but preserved the right
It is a subrogation which requires the consent of all just like in the cases of factoring and discounting
conventional
It is a subrogation where the creditor based on other creditors even without consent of the debtor when a person interested pays, when a determinate thing extinguished by loss, or a valid payment is made for supra protest
legal subrogation
A novation made even without the knowledge of the debtor and which give rise to liability of the old debtor when bad faith
expromission
A novation where the debtor consented which does not give rise to any liability when no consent was given
delegacion
In case of delegation where the debtor consented, when he’ll he be liable
liable for new debtors insolvency if he knew or public knowledge
Rights acquired in virtue of an obligation are transmissible yes or no
yes, except when agreed-upon, personal, or provided by law like usufruct
Evidence needed for self defense and admin violations
clear and convincing evidence; substantial evidence
ex die; in diem
Suspensive and resolutory period
A suspensive potestative period nullifies the obligation
no, only authorizes the court to fix it
In case of remission made by a creditor of the share which affect only one of the solidary debtors, will the lottery be released from his responsibility towards his co debtors in case the debt had been totally paid before the remission
no
More solidary debtors offer to pay, whose payment should be accepted
the one chosen by the creditor
A solidary debtor who made payment after the debt is due can claim interest from his co debtors
yes; not if before
Can a substitute performance be made in case of determinate thing
no
Can a third party payor not interested in the obligation compel the creditor to accept the payment and subrogate to the rights of the creditor
no, only when consented by the debtor or interested
The tender of payment extinguishes the obligation in consignation
no; only when accepted by the creditor
