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RFBT > Law on Obligations > Flashcards

Law on Obligations Flashcards

1
Q

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

A

sum of money plus interest if bad faith

sum of money plus interest whether bad faith or not

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2
Q

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

A

reindivicatoria - remedy to recover ownership of real property

indemnification for damages

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3
Q

What are the accessory obligation to deliver a determinate thing (3)

A

to preserve the asset

to deliver the fruits after the obligation to deliver

to deliver accessories (better use) and accessions (attached)

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4
Q

The retroactive effect in case of a conditional obligation

A

principal

fruits

retroact; mutually compensated if reciprocal or debtor’s if unilateral

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5
Q

Retroactive effect for an obligation with a period

A

no retroactive effect

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6
Q

General remedies when a debtor fails to pay an obligation

A
  1. Specific performance except for service or when determinate thing is already lost
  2. Substitute performance
  3. Damages if rescinded
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7
Q

If a creditor first asks for a rescission, can it subsequently demand performance

A

no

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8
Q

If the accused is acquitted and found that he did not do the act, is there a civil liability

A

what if there is a reasonable doubt that he did do the act

none; can still be civilly liable

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9
Q

Exclusive damages and additional damages

A
  1. Nominal
  2. Temperate or moderate
  3. Actual or compensatory
  4. Liquidated
  5. Moral
  6. Exemplary
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10
Q

To vindicate a right; no injury

A

nominal

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11
Q

With injury but without proof

A

temperate or moderate

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12
Q

With contract

A

liquidated

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13
Q

Defense against a vicarious liability and subsidiary liability

A

defense of a diligence of a good father of a family; none

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14
Q

Penalty is construed strictly against whom

A

the awarding penalty

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15
Q

Is proof necessary to demand penalty

A

no

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16
Q

Can damages and interest be awarded in addition to penalty

A

yes if It is stipulated, debtor refuses to pay the penalty or the debtor is guilty of fraud in the fulfillment of the obligation

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17
Q

Can a single act be a multiple source of obligation

A

yes

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18
Q

Can there be double recovery for criminal cases involving a single act

A

no

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19
Q

Cases or persons who are legally solidarily liable (CQHPAB)

A

crime; quasi-delict; heirs who took possession of the estate; parents to give support; agent who exuded authority; two or more bailees

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20
Q

Can the insolvency of others or personal defense of others be a defense for non-payment

A

no

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21
Q

Estoppel;

  1. by his conduct causes others to believe
  2. Denies a material fact
  3. neglect to assert his right
A

in pais

by deed

by laches

22
Q

What is the effect if the creditor accepts knowingly its irregularity without protest

A

deemed fully complied with

23
Q

What will be the effect if payment is made to one who does not have free disposal or capacity to alienate

A

invalid except when kept or benefited

24
Q

The place of payment when there is no stipulation

A
  1. Where the obligation is constituted
  2. Debtor’s domicile
25
Q

How are payments applied if the obligations have or do not have the same nature

A

proportionately; most honest

26
Q

What is the legal interest beginning july 1 2013 and before such date

what is the moral interest

A

6%; 12%; 24%

27
Q

What are the obligations which are not allowed to be legally compensated

A

Unenforceable and void

28
Q

What are the types of compensation (LFCJ)

A

legal; facultative; conventional; judicial

29
Q

A compensation initiated by one who has the right to compensate

A

facultative

depositing, commodatum, future support, victim of a crime, the government

30
Q

Type of compensation where parties agree

A

conventional

31
Q

What is the effect when the creditor who accepted the consignation; authorizes the withdrawal of a thing consigned

A

the creditors preference

solidary debtors become joint

guarantor released

32
Q

Generally, the laws of the terminating extinguishes the obligation except when

A

the proceeds or from criminal offense

33
Q

Will the creditor have all the rights which the debtor may have against third persons by reason of loss of determinate thing

A

yes

34
Q

A change of prestation before and after maturity of the obligation

A

novation; dacion and pago

35
Q

Can there still be a valid compensation if the credit was already assigned

A

no when the creditor has no knowledge or consent or when with consent but preserved the right

36
Q

It is a subrogation which requires the consent of all just like in the cases of factoring and discounting

A

conventional

37
Q

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

A

legal subrogation

38
Q

A novation made even without the knowledge of the debtor and which give rise to liability of the old debtor when bad faith

A

expromission

39
Q

A novation where the debtor consented which does not give rise to any liability when no consent was given

A

delegacion

40
Q

In case of delegation where the debtor consented, when he’ll he be liable

A

liable for new debtors insolvency if he knew or public knowledge

41
Q

Rights acquired in virtue of an obligation are transmissible yes or no

A

yes, except when agreed-upon, personal, or provided by law like usufruct

42
Q

Evidence needed for self defense and admin violations

A

clear and convincing evidence; substantial evidence

43
Q

ex die; in diem

A

Suspensive and resolutory period

44
Q

A suspensive potestative period nullifies the obligation

A

no, only authorizes the court to fix it

45
Q

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

A

no

46
Q

More solidary debtors offer to pay, whose payment should be accepted

A

the one chosen by the creditor

47
Q

A solidary debtor who made payment after the debt is due can claim interest from his co debtors

A

yes; not if before

48
Q

Can a substitute performance be made in case of determinate thing

A

no

49
Q

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

A

no, only when consented by the debtor or interested

50
Q

The tender of payment extinguishes the obligation in consignation

A

no; only when accepted by the creditor

RFBT (29 decks)

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