Module 3

Question 1

Failure to perform an obligation on time which failure constitutes a breach of the obligation

Answer 1

Delay or Mora

Question 2

Other term for delay

Answer 2

Mora

Question 3

Mora

Answer 3

Delay

Question 4

Kinds of delay

Answer 4

Mora solvendi
Mora Accipendi
Compensatio morae

Question 5

Delay on the part of debtor to fulfill his obligation

Answer 5

Mora Solvendi

Question 6

Delay on the part creditor to accept the perfomance of the obligation

Answer 6

Mora Accipendi

Question 7

Delay on the part of the both parties where the result is no actionable default

Answer 7

Compensatio Morae

Question 8

Settle between the 2 parties

Answer 8

Extra juridically demands

Question 9

Kinds of delay

Answer 9

Ordinary delay
Legal delay or default or mora

Question 10

Default

Answer 10

Delay

Question 11

Merely failure to perform an obli on time

Answer 11

Ordinary delay

Question 12

The failure to perform an obligation on time which failure constitutes a breach of the obli

Answer 12

Legal delay or default or mora

Question 13

No delay in negative personal obli

Answer 13

Because negative personal obli is obli not to do

Question 14

Requisites of delay

Answer 14

Failure of the debtor to perform his obli on the date agreed
Demand by creditor upon the debtor to comply with his obli
Failure of the debtor to comply with demand

Question 15

Demand is not necessary to put debtor in delay

Answer 15

When obli provides
Law so provides
Time is of the essence
Demand will be useless
There is performance by a party in reciprocal obligation

Question 16

Grounds of liability

Answer 16

Fraud (incidental fraud or dolo acidente)
Negligence (fault or culpa)
Delay (mora)
Contravention of the terms of the obli

Question 17

Committed in the performance of an obli already existing . There’s an intention to cause damage or injury of other parties

Answer 17

Fraud

Question 18

Voluntary act or omission, no bad faith or malice which prevents the normal fulfillment of an obli. No intention to cause damage or injury

Answer 18

Negligence (fault or culpa)

Question 19

Violation of the terms and conditions stipulated in the obli

Answer 19

Contravention of the terms of the obli

Question 20

Any event cannot be foreseen which is inevitable. May be act of man or act of god

Answer 20

Forfuitious event

Question 21

Contract where one of the parties delivers to another, money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. May be gratuitous or with a stipulation to pay interest

Answer 21

Simple loan or mutuum

Question 22

Simple loan

Answer 22

Mutuum

Question 23

Simple loan

Answer 23

Mutuum

Question 24

Inference of a fact not actually known arising from its usual connection with another which is known or proved

Answer 24

Presumption

Question 25

Kinds of presumption

Answer 25

Conclusive
Disputable or rebuttable

Question 26

One which cannot be contradicted

Answer 26

Conclusive

Question 27

One which can be contradicted or rebutted by presenting proof to the contrary

Answer 27

Disputable or rebuttable

Question 28

An obli which is not subject to terms or condition

Answer 28

Pure obli

Question 29

Future and uncertain event happening of which can give rise or extinguish and obli

Answer 29

Condition

Question 30

Kinds of condition

Answer 30

Suspensive condition
Resolutory condition

Question 31

Condition which fulfillment will give rise to an obli

Answer 31

Suspensive condition

Question 32

Condition which fulfillment will give rise to an obli

Answer 32

Suspensive condition

Question 33

Condition which fulfillment will extinguish and obli

Answer 33

Resolutory condition

Question 34

Obli which is subject to condition

Answer 34

Conditional obli

Question 35

Obli which is subject to condition

Answer 35

Conditional obli

Question 36

Condition suspensive in nature and which depends upon the sole will of one of the contracting parties

Answer 36

Potestative condition

Question 37

Condition suspensive in nature and which depends upon the sole will of one of the contracting parties

Answer 37

Potestative condition

Question 38

Effects of condition

Answer 38

Suspensive condition upon the will of the debtor (void)
Sus. Condi depends upon the will of creditor (valid)
Sus. Condi. Depends upon a chance (valid)
Sus. Condi. Depends upon the will of third person (valid)
Resolutory condi. Depends upon the will of debtor (valid)

Question 39

Effects of condition

Answer 39

Suspensive condition upon the will of the debtor (void)
Sus. Condi depends upon the will of creditor (valid)
Sus. Condi. Depends upon a chance (valid)
Sus. Condi. Depends upon the will of third person (valid)
Resolutory condi. Depends upon the will of debtor (valid)

Question 40

Obli is void when

Answer 40

Impossible conditions
Condi contrary to good customs
Condi contrary to public policy
Condi prohibited by law

Question 41

When do consider the thing loss?

Answer 41

When it perishes, or goes out of commerce or nalaos, disappears in such way that its existence is unknown or it cannot be recovered

Question 42

One whose effect or consequences are subjected in one way or another to the expiration or arrival of said period or term

Answer 42

Obligation with a period

Question 43

A future and certain event athe arrival of which shall give rise or extinguish the obli

Answer 43

Period

Question 44

Computation of tern or period. (Legal periods)

Answer 44

Year- 12 months
Month- 30 days
Day -24 hrs
Night- sunset to sunrise