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Oblicon > Oblicon Chap 3 New(?) > Flashcards

Oblicon Chap 3 New(?) Flashcards

1
Q
  1. What are the primary classifications of Obligations under the New Civil Code?
A
  1. Pure Obligation
  2. Obligations with a period
  3. Alternative Obligation
  4. Facultative Obligation
  5. Joint Obligation
  6. Solidary Obligation
  7. Divisible Obligation
  8. Indivisible Obligation
  9. Obligation with a penal clause
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2
Q
  1. What are the secondary classification of obligations under the New Civil Code?
A
  1. Legal Obligation
  2. Conventional Obligation
  3. Penal Obligation
  4. Real Obligation
  5. Personal Obligation
  6. Determinate or specific obligation
  7. Indeterminate or generic obligation
  8. Positive Obligation
  9. Negative Obligation
  10. Unilateral Obligation
  11. Bilateral Obligation
  12. Civil Obligation
  13. Natural Obligation
  14. Accessory Obligation
  15. Principal Obligation
  16. Individual Obligation
  17. Collective Obligation
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3
Q
  1. 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 th the parties and which is demandable at once.

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4
Q
  1. What is a conditional obligation?
A

An obligation where the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.

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5
Q

What is a condition?

A

has been defined as “every future event and uncertain event upon which an obligation is made to depend. It is a future and uncertain event upon which the acquisition or resolution of rights is made to depend by those who execute the juridical act

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6
Q

When the obligation assumed by a party to a contract is expressly subjected to a condition,

A

the obligation cannot be enforced against him unless the condition is complied with

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7
Q

What is a suspensive obligation?

A

The fulfillment of the condition results in the acquisition of rights arising out of the obligation

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8
Q

What is a resolutory condition?

A

The fulfillment of the condition results in extinguishment of rights arising out of the obligaiton

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9
Q

In suspensive condition, if the condition is fulfilled the obligations arises or becomes effective. In resolutory condition?

A

when the condition is fulfilled, the obligation is extinguished

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10
Q

In resolutory condition, if the condition is not fulfilled the juridical relation is consolidated. In suspensive condition?

A

If the suspensive condition is not fulfilled, no juridical relation is created

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11
Q

What is a potestative condition?

A

The fulfillment of the condition depends upon the will of one of the parties

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12
Q

In suspensive condition, rights are not yet acquired, but there is a hope or expectancy that they will soon be acquired. In resolutory condition?

A

Rights are already acquired, but subject to the threat of extinction

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13
Q

What is a casual condition?

A

The fulfillment of the condition depends upon chance and/or upon the will of a third person

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14
Q

What is a mixed condition?

A

The fulfillment of the condition depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person

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15
Q

In mixed conditional obligation when the condition was not fulfilled but the obligor did all in his power to comply with the obligation, what is assumed?

A

It is assumed that the condition has been satisfied

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16
Q

What is a possible condition?

A

The condition is capable of realization according to nature, law, public policy, or good customs.

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17
Q

What is an impossible condition?

A

The condition is not capable of realization according to nature, law, morals, good customs, public order or public policy.

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18
Q

What is meant by physical in conditions as to possibility?

A

Is something that is contrary to the law of nature

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19
Q

What is meant by legal in conditions as to possibility?

A

Is something that is contrary to law, morals, good customs or public policy.

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20
Q

What is a positive condtion?

A

The condition involves the performance of an act

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21
Q

What is a negative condition?

A

The condition involves the non-performance of an act

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22
Q

What is a divisible condition?

A

The condition is susceptible of partial realization

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23
Q

What is indivisible condition?

A

The condition is not susceptible of partial realization

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24
Q

What is a conjunctive condition?

A

There are several conditions, all of which must be realized

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25
Q

What is an alternative condition?

A

There are several conditions, one of which must be realized

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26
Q

What is an express condition?

A

The condition is stated expressly

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27
Q

What is an implied condition?

A

The condition is tacit.

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28
Q

When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed?

A

An obligation with a period, subject to the provisions of Article 1197 (Article 1180)

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29
Q

What is a period?

A

A time of definite length. Definite, having distinct or certain limits, determinate in extent of character; limited; fixed-as definite period

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30
Q

If the obligation does not fix a period, but from its nature and the circumstances, it can be inferred that a period was intended, what could be done to the period?

A

The courts may fix the duration thereof.

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31
Q

The courts shall also fix the duration of the period when?

A

It depends upon the will of the debtor.

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32
Q

In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend on what?

A

It shall depend upon the happening of the event which constitutes the condition (Article 1181)

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33
Q

When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person,

A

The obligation shall take effect in conformity with the provision of this code (Article 1182)

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34
Q

If the fulfillment of the condition depends exclusively upon the will of the debtor,

A

the conditional obligation shall be void

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35
Q

If the fulfillment of a potestative condition depends exclusively upon the will of the creditor,

A

the conditional obligation shall be valid.

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36
Q

The code prohibits purely potestative, suspensive, conditional obligation that?>?

A

depend on the whims of the debtor, because such obligation are usually not meant to be fulfilled.

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37
Q

Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall?

A

annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid (Article 1183)

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38
Q

What is a physical impossible obligation?

A

These are conditions which are contrary to the law of nature

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39
Q

What is a legal impossible condition?

A

These are conditions which are contrary to law, morals, good customs, public order, or public policy

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40
Q

What is the general rule on impossible conditions?

A

Impossible conditions annul the obligation which depends upon them. Consequently, both the condition and the obligation are void.

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41
Q

(Exception on impossible conditions) In divisible condition that part thereof which is not affected by the impossible or unlawful conditions shall be?

A

It shall be valid

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42
Q

(Exception on impossible conditions) If the condition is negative (not to do an impossible thing), it shall be considered as?

A

Not having been agreed upon. Thus, the obligation is pure and valid.

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43
Q

(Exception on impossible conditions) If the obligation is pre-existing and not depending on the fulfillment of the impossible condition for its existence,

A

Only the condition is void

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44
Q

The condition that some event happen at a determinate time shall?

A

extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place (Article 1184)

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45
Q

Article 1185 provides that if an obligation is conditioned on the nonoccurrence of a particular event at a determinate time, that obligation arises:

A
  1. At the lapse of the indicated time; or
  2. If it has become evident that the event cannot occur
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46
Q

When the obligor voluntarily prevent the fulfillment of a condition?

A

The condition shall be deemed fulfilled (Article 1186)

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47
Q

What are the requisites of the doctrine of constructive fulfillment of suspensive condition

A
  1. The intent of the obligor to prevent the fulfillment of the condition; and
  2. The actual prevention of the fulfillment
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48
Q

The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been

A

The fruits and interests in reciprocal prestation shall be deemed to have been mutually compensated. (Article 1187)

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49
Q

In Article 1187, if the obligation is unilateral, the debtor shall

A

appropriate the fruits and interests received

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50
Q

What is the principle of retroactivity in suspensive condition?

A

It is limited only to the effects of the obligation

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51
Q

What are the accidental elements of a contract?

A

are those which exist only when the parties expressly provide for them for the purpose of limiting or modifying the normal effects of the contract.

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52
Q

In article 1187, in obligations to do and not to do, what will happen to the retroactive effect of the condition?

A

The courts shall determine, in each case, the retroactive effect of the condition that has been complied with

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53
Q

What are the retroactive effect as to the fruits and interests in obligation to give in reciprocal obligation?

A

There is no retroactive effect. The fruits and interests during pendency of the condition shall be deemed to have been mutually compensated

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54
Q

What are the retroactive effect as to the fruits and interests in obligation to give in unilateral obligation?

A

There is no retroactive effect. The debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different. Unilateral obligations are usually gratuitous

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55
Q

The creditor may, before the fulfillment of the condition,

A

bring the appropriate actions for the preservation of his right. (Article 1188)

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56
Q

The debtor may recover what during the same time he has?

A

paid by mistake in case of a suspensive condition (Article 1188)

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57
Q

If the debtor paid with knowledge of the condition and not by mistake,

A

he impliedly waives the condition. Therefore, he cannot recover

58
Q

However, if the debtor paid with knowledge that the condition did not happen,

A

the debtor can recover otherwise the creditor will be unjustly enriched at the expense of the debtor

59
Q

A thing is lost when it:

A
  1. Perishes;
  2. Goes out of commerce; or
  3. Disappears in such a way that its existence is unknown or it cannot be recovered
60
Q

If the thing is lost without the fault of the debtor? What happens to the obligation?

A

The obligation shall be extinguished

61
Q

If the thing is lost through the fault of the debtor? What happens to the obligation?

A

The debtor shall be obliged to pay damages

62
Q

If the thing deteriorates without the fault of the debtor? What happens to the obligation?

A

The impairment is to be borne by the creditor

63
Q

If the thing deteriorates through the fault of the debtor? What happens to the obligation?

A

The creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case.

64
Q

What is a usufruct?

A

It gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides

65
Q

What are the rights of the usufructuary?

A
  1. The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem proper, provided he does not alter its form or substance; but he shall have no right to be indemnified therefor. He may, however, remove such improvements, should it be possible to do so without damage to the property.
  2. The usufructuary may set off the improvements he may have made on the property against any damage to the same
66
Q

(Art. 1190) When the conditions have for their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said condition shall?

A

They shall return to each other what they have received

67
Q

What is the effect of fulfillment of resolutory condition in obligation to give?

A

The parties, upon the fulfillment of said conditions, shall return to each other what they received

68
Q

What is the effect of resolutory condition in obligation to do and not to do?

A

In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with

69
Q

(Art 1191) The power to rescind obligations is implied in?

A

Reciprocal Ones

70
Q

(Aet 1191) In case one of the obligors should not comply with what is incumbent upon him. The injured party may choose between the?

A

fulfillment and the recission of obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible.

71
Q

has the effect of “unmaking a contract, or its undoing from beginning, and not merely its termination”

A

Rescission

72
Q

are those which arise from the same cause, wherein each party is a debtor and a creditor of the other, such that the performance of one is conditioned upon the simultaneous fulfillment of the other.

A

Reciprocal Obligation

73
Q

This is required in cases involving rescission under Article 1191. This means bringing the parties back to their original status prior to the inception of the contract.

A

Mutual Restitution

74
Q

Neither shall rescission take place when the things which are the object of the contract are?

A

legally in the possession of third persons who did not act in bad faith. In this case, indemnity for damages may be demanded from the person causing the loss

75
Q

is a way to cancel a contract without going to court, and it’s usually the preferred method because it’s faster and cheaper than litigation. This is not possible without an express stipulation to that effect.

A

Extrajudicial rescission

76
Q

(Alternative remedies of injured party) This refers to specific performance

A

Fulfillment of the obligation with damages

77
Q

“the remedy of requiring exact performance of a contract in this specific form in which it was made, or according to the precise terms agreed upon. The actual accomplishment of a contract by a party bound to fulfill it”

A

Specific Performance

78
Q

(Alternative remedies of injured party) Even after the injured party has chose fulfillment and such fulfillment has become impossible, he can still seek?

A

The rescission of the obligation with damages

79
Q

(Art. 1192) What are the effects of breach by both parties?

A
  1. The liability of the first infractor shall be equitably tempered by the courts
  2. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages
80
Q

Obligations for whose fulfillment a day certain has been fixed,

A

shall be only be demandable only when that day comes

81
Q

is understood to be that which must necessarily come, although it may not be known when.

A

Day Certain

82
Q

In case of loss, deterioration or improvement of the thing before the arrival of the day certain,

A

the rules in Article 1189 shall be observed

83
Q

Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable,

A

may be recovered, with the fruits and interests

84
Q

Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and debtor, unless

A

from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other

85
Q

What happens if the period has been established in favor of the debtor?

A

It means that the debtor cannot be compelled to perform the obligation prematurely, but he can do so if he desires

86
Q

What happens if the period has been established in favor of the creditor?

A

It means that the creditor may demand the fulfillment of the obligation at any time but the debtor cannot compel him to accept payment before the expiration of period

87
Q

When does the court set a period?

A
  1. If the obligation does not fix a period, but from its nature and circumstances it can be inferred that a period was intended
  2. If the period depends upon the will of the debtor
  3. If under the circumstances the parties have contemplated a period
  4. When the debtor binds himself to pay when his means permit him to do so
88
Q

(Art. 1198) The debtor shall lose every right to make use of the period

A
  1. When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt;
  2. When he does not furnish to the creditor the guaranties or securities which he has promised;
  3. When by his own acts he has impaired said guaranties or securities after their establishment, and when through a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory
  4. When the debtor violates any undertaking, in consideration of which the creditor agreed to the period;
  5. When the debtor attempts to abscond
89
Q

An obligation where there is only one object

A

Simple Obligation

90
Q

An obligation where there are two or more objects

A

Compound Obligation

91
Q

An obligation where there are two or more objects and all of them are due. All of the objects must be performed to extinguish the obligation.

A

Conjunctive Obligation

92
Q

An obligation where one, two or more of the objects are due. One of the objects must be performed to extinguish the obligation

A

Distributive Obligation

93
Q

An obligation where two or more objects are due but the performance of one is sufficient

A

Alternative Obligation

94
Q

An obligation where only one object is due but the debtor may substitute another object

A

Facultative Obligation

95
Q

(Art. 1199) A person alternatively bound by different presations shall completely perform one of them. What is the limitation?

A

The creditor cannot be compelled to receive part of one and part of the other undertaking

96
Q

(Art. 1200) Rule: In, alternative obligation, the right of choice belongs to the debtor, except? and what is the limitation?

A

Except when the choice has been expressly given to the creditor. The debtor shall be limited and have no right to prestations that are impossible, unlawful, or which could not have been the object of the obligation.

97
Q

(Art. 1201) The choice shall produce no effect except?

A

form the time it has been communicated

98
Q

(Art. 1202) The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound?

A

Only one is practicable

99
Q

(Art. 1203) If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation,

A

the latter may rescind the contract with damages

100
Q

(Art. 1204) The creditor is entitled to indemnity for damages when through the fault of the debtor:

A

a. All the things which are alternatively the object of the obligation have been lost; or
b. The compliance of the obligation has become impossible.

101
Q

(Art. 1205) When the choice has been expressly given to the creditor, the obligation shall cease to be?

A

alternative from the day when the selection has been communicated to the debtor

102
Q

(Art. 1206) When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. The loss or deterioration of the things intended as a substitute, through the negligence of the obligor, does not render him liable. But once the substitution has been made,

A

the obligor is liable for the loss of the subsitute on account of his delay, negligence or fraud

103
Q

is defined as an obligation where there is a concurrence of several creditors, or of several creditors, or of several debtors, or of several creditors and debtors, by virtue of which each of the creditors has a right to demand, and each of the debtors is bound to render, compliance with his proportionate part of the prestation which constitutes the object of the obligation

A

Joint Obligation

104
Q

An obligation where each one of the debtors is bound to render and/or each of the creditors has a right to demand entire compliance with the prestation.

A

Solidary obligation

105
Q

(Art. 1208) GR: Obligation is presumed to be joint if there is concurrence of two or more creditors or of two or more debtors in one and the same obligation, except

A
  1. The obligation expressly so states that there is solidarity
  2. The law requires solidarity
  3. Nature of the obligation requires solidarity
106
Q

Characteristics of Joint Indivisible Obligations

A
  1. No joint creditor can act in representation of the other joint creditor or creditors
  2. No joint debtor can be compelled to fulfill the obligation of the other joint debtor or debtors
107
Q

(Art. 1210) The indivisibility of an obligation does not?

A

Does not necessarily give rise to solidarity. Nor does solidarity of itself imply divisibility

108
Q

The solidarity is imposed by law

A

Legal Solidarity

109
Q

The solidarity is agreed upon by the parties

A

Conventional Solidarity

110
Q

The solidarity is imposed by the nature of the obligation

A

Real Solidarity

111
Q

Solidarity of creditors

A

Active solidarity

112
Q

Solidarity of Debtors

A

Passive Solidarity

113
Q

Solidarity among the debtors and creditors

A

Mixed solidarity

114
Q

The parties are bound by the same stipulation

A

Uniform solidarity

115
Q

The parties are not subject to the same stipulations

A

Non-uniform or varied solidarity

116
Q

(Art. 1212) Each one of the solidary creditors may do whatever may be useful to the others, but

A

not anything which may be prejudicial to the latter

117
Q

(Art. 1213) A solidary creditor cannot assign his rights except

A

The assignment is allowed if it is with the consent of all of the other solidary creditors

118
Q

(Art. 1214) The debtor may pay any one of the solidary creditors except

A

If a demand, judicial or extrajudicial, has been made by one of the solidary creditors, payment should be made to him

119
Q

(Art. 1215) Novation, compensation, confusion, or remission of the debt made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. The creditor who have executed these acts, as well as the ones who collects the debt, shall be?

A

liable to the others for the share in the obligation corresponding to them

120
Q

It is a mode of extinguishing an obligation by changing the object or principal obligations, or by substituting the person of the debtor, or by subrogating a third person in the rights of the creditor

A

Novation

121
Q

Shall take place when two persons, in their own rights, are creditors and debtors of each other

A

Compensation

122
Q

The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person

A

Confusion or merger of righrs

123
Q

is an act of liberality by virtue of which the obligee, without receiving any price or equivalent, renounces the enforcement of the obligation

A

Remission or condonation

124
Q

(Art. 1216) The creditor may proceed against any one of the solidary debtors or some or all of the simultaneously. What is the effect of demand against one of the solidary debtors?

A

The demand made by a solidary creditor or creditors against one of the solidary debtors shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected.

125
Q

(Art. 1217) Payment made by one of the solidary debtors extinguishes the obligation. If two or more debtors offer to pay,

A

the creditor may choose which offer to accept

126
Q

(Art. 1217) He who made the payment may claim from his co-debtors only share which corresponds to each, with the?

A

interest for the payment already made. If the payment is made before the debt is due, no interest for the interveing period may be demanded.

127
Q

(Art. 1217) When one of the solidary debtors, due to his insolvency, could no t reimburse his share to the debtor paying the obligation, such share shall be?

A

borne by all his co-debtors, in proportion to the debt of each

128
Q

(Art. 1218) Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made?

A

after the obligation has prescribed or become illegal

129
Q

(Art. 1219) The remission made by the creditor of the share which affects one of the solidary debtors does not?

A

release the latter form his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was affected

130
Q

(Art. 1220) The remission of the whole obligation, obtained by one of the solidary debtors, does not?

A

entitle him to reimbursement from his co-debtors

131
Q

(Art. 1221) If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors,

A

the obligation shall be extinguished

132
Q

(Art. 1221) If there was a fault on part of any of them, ___________________ , for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor

A

all shall be responsible to the creditor

133
Q

(Art. 1222) A solidary debtor may, in actions filed by the creditor, __________________________. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible.

A

avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share

134
Q

(Art. 1223) The divisibility or indivisibility of the things that are the object of obligations in which there is only one debtor and only one creditors does not?

A

alter or modify the provisions of Chapter 2 of this Title

135
Q

(Art. 1224) A joint indivisible obligation gives rise to?

A

indemnity for damages from the time anyone of the debtors does not comply with his undertaking. The debtors who may have not been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists

136
Q

(Art. 1228) Proof of actual damages suffered by the creditor is not

A

necessary in order that the penalty may be demanded

137
Q

(Art. 1227) GR: The debtor cannot except himself from the performance of the obligation by paying the penalty agreed upon, except

A

save in the case where this right has been expressly reserved for him

138
Q

(Art. 1227) GR: The creditor cannot demand the fulfillment of the obligation and the satisfaction of the penalty at the same time, except

A

Unless this right has been clearly granted to him

139
Q

(Art. 1229) The judge shall equitably reduce the penalty when the principal obligation has been?

A

partly or irregularly complied with by the debtor

140
Q

(Art. 1229) Even if there is no performance, the penalty may be also be reduced by the courts if it is

A

iniquitous or unconscionable

141
Q

(Art. 1230) The nullity of the penal clause

A

does not carry with it that of the principal obligation

142
Q

(Art. 1230) The nullity of the principal obligation

A

carries with it that of the penal clause

Oblicon (5 decks)

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