Quiz #3: Joint and Solidary Obligations; Indivisible and Divisible Obligations; Obligations with a Penal Clause

Question 1

True or False

As a general rule, an obligation where there are two or more debtors or two or more creditors is presumed to be a joint obligation.

Answer 1

True

Question 2

The following are valid defenses by a solidary debtor when he is sued by the creditor:

a. Those arising from the nature of the obligation.
b. Those personal to him.
c. Those personal to his fellow solidary debtors, with respect to the latter’s share only.
d. All of the above

Answer 2

d. All of the above

Question 3

True or False

The basis for solidary liability is the mutual trust and confidence among the debtors or creditors.

Answer 3

True

Question 4

True or False

The essence and fundamental basis of solidarity and indivisibility are the same. Therefore, a solidary obligation is always an indivisible obligation.

Answer 4

False

Question 5

I. In a joint obligation, the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors. Each debt or credit is considered separate or distinct from each other.

II. In a solidary obligation, there is only one debt or credit.

a. Both I and II are true.
b. Both I and II are false.
c. I is true and II is false.
d. I is false and II is true.

Answer 5

a. Both I and II are true.

Question 6

Which one is not an instance where an obligation is considered solidary?

a. If the two debtors and two creditors agree to be bound solidarily in a contract.
b. If the law provides for solidary liability.
c. If one debtor or one creditor in one obligation agrees to be bound solidarily in a contract.
d. If the nature of the obligation requires that the parties be bound solidarily.

Answer 6

c. If one debtor or one creditor in one obligation agrees to be bound solidarily in a contract.

Question 7

I. Active Solidarity means that the creditors are solidarily liable.

II. Passive Solidarity means that the debtors are solidarily liable.

III. Facultative solidarity means that the debtors, or as a substitute, the creditors, are solidarily liable.

a. I is true. The others are false.
b. II is true. The others are false.
c. III is true. The others are false.
d. I and II are true. III is false.

Answer 7

d. I and II are true. III is false.

Question 8

I. A joint creditor can assign his rights without the consent of the other joint creditors.

II. A solidary creditor can assign his rights only if all the other solidary creditors consent.

a. Both are true.
b. Both are false.
c. Only I is false.
d. Only I is true.

Answer 8

a. Both are true.

Question 9

I. A solidary creditor may do whatever is useful to the other solidary creditors such as making a demand on the debtor.

II. A solidary creditor may do whatever is prejudicial to the other solidary creditors such as waiving the interest.

a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.

Answer 9

a. Only I is true.

Question 10

I. If a solidary debtor is insolvent, his share shall be absorbed by his fellow solidary debtors.

II. If a joint debtor is insolvent, his share shall not be absorbed by his fellow joint debtors. The creditor can go after the assets of the insolvent joint debtor.

a. Both are true.
b. Both are false.
c. I is true.
d. II is true.

Answer 10

a. Both are true.