tf Flashcards
- Question: The concurrence of two or more creditors or of two or more debtors in one and the same obligation implies that each one of the former has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestation. Is this statement true or false?
Answer: False - Art 1207
The same obligation does not imply that each one of the former has a right to demand.
- Question: When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called alternative. Is this statement true or false?
Answer: False - Art 1199
It is called Facultative Obligation.
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- Question: After substitution, if the principal thing is lost without the debtor’s fault, the debtor becomes liable whatever may be the cause of the loss, notwithstanding that it is no longer due. If the substitute is lost, the liability of the debtor does not depend upon whether or not the loss is due through his fault. Is this statement true or false?
Answer: False - Art 1206
Debtor is not liable, and the liability of the debtor depends upon whether or not the loss is due to his fault.
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4. Question: A joint obligation is one where the whole obligation is to be paid or fulfilled proportionately or entirely by the different debtors and/or is to be demanded proportionately or all together by the different creditors. Is this statement true or false?
Answer: True - Art 1208
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- Question: A solidary obligation is one where each one of the debtors is not bound to render, and/or each one of the creditors has no right to demand entire compliance with the prestation. Is this statement true or false?
Answer: False - 1207
Each one of the debtors are bound to render, and/or each one of the creditors. Has right to demand entire obligation
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6. Question: In Joint indivisible obligation. If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. If one of the latter should be insolvent, the others become liable for his share. Is this statement true or false?
Answer: False - Art 1209
The other shall not be liable.
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- Question: The indivisibility of an obligation necessarily gives rise to solidarity. Also solidarity of itself implies indivisibility. Is this statement true or false?
Answer: False - Art 1210
Does not necessarily give rise to solidarity.
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8. Question: The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment could still be made to any one of them. Is this statement true or false?
Answer: False - Art 1214
Payment should be made to him
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- Question: He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. If the payment is made before the debt is due, no interest for the intervening period may be demanded. Is this statement true or false?
Answer: True - Art 1217
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- Question: Payment by a solidary debtor shall entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal. Is this statement true or false reimbursement from his co-debtors
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Answer: False - Art 1218
The payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made
- Question: The remission made by the creditor of the share which affects one of the solidary debtors will release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. (1146a) Is this statement true or false?
Answer: False - 1219
It does not release the latter from his responsibility towards co-debtors .
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- Question: The remission of the whole obligation, obtained by one of the solidary debtors, entitles him to reimbursement from his co-debtors because were it not to him, the obligation would not be extinguished. Is this statement true or false?
Answer: False - Art 1220
It does not entitle him to reimbursement from his co-debtors.
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- Question: If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished only insofar as to the innocent debtor. Is this statement true or false?
Answer: False - Art 1221 (im not sure if false but sabi kasi…)
All shall be responsible to the creditor.
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- Question: If there was fault on the part of any one of the solidary debtors, only the debtor who is at fault shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. Is this statement true or false?
Answer: False - Art 1221
All shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty
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- Question: If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the obligation is extinguished. Is this statement true or false?
Answer: False - Art 1221
The obligation is not extinguished if one of the solidary debtors has already incurred in delay.
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- A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. The debtors who may have been ready to fulfill their promises shall still 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
Answer: False - Art 1224
Debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing
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- The debtor can exempt himself from the performance of the obligation by paying the penalty, even though this right has not been expressly reserved for him. Also, the creditor can demand fulfillment of the obligation and the satisfaction of the penalty at the same time, notwithstanding that this rate has not been clearly granted him. However, if after the creditor has decided to require the for filmment of the obligation, performance thereof should become impossible without his fault, the penalty in performance still be enforced.
Answer: False - Art 1227
The debtor cannot exempt himself from the performance to the obligation by paying the penalty. Neither can the creditor demand the fulfillment of the obligation and the satisfaction of the penalty at the same time.
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- Whoever pays on behalf of the creditor without the knowledge or against the will of the latter, can compel the creditor to subrogate him in his rights, such as those arising from mortgage, guaranty, or penalty.
Answer: False - Art 1237
The latter cannot compel the creditor to subrogate him in his rights.
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- Payment made by a third person who does not intend to reimburse the debtor is deemed to be donation, which does not require the debtor’s consent but the payment is in any case not valid as to the creditor who has accepted heat.
Answer: False - Art 1238
It requires the debtor’s consent. Payment is in any case valid as to the creditor who has accepted it.
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- Payment to a person who is incapacitated to administer his properties shall not be valid even if he has kept the thing delivered, or insofar as the payment has been beneficial to him.
Answer: False - Art 1241
Payment to incapacitated person shall be valid if he has kept the thing delivered.
- Payment made in good faith to any or to a third person in possession of the credit shall release the debtor.
Answer: True - Art 1242
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- The debtor of the thing can compel the creditor to receive a different one, as long as the latter is of the same value as ,or more valuable than that which is due.
Answer: False - Art 1244
The debtor of a thing cannot compel the creditor to receive a different one even if the latter is of the same value as, or more valuable than that which is due
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- Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations and which the obligation consists. Neither may the debtor be required to make partial payments.
Answer: True - Art 1248
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- The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor.
Answer: True - Art 1266
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- The renunciation of the principal debt shall not extinguish the accessory obligations; but the waiver of the latter shall remain the principal in force.
Answer: False - Art 1273
It shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in force.
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- If the substitution is without the knowledge or against the will of the debtor, the new debtor’s insolvency or non fulfillment to the obligation shall give rise to any liability on the part of the original debtor.
Answer: False - Art 1294
The new debtor’s insolvency or non fulfillment to the obligation shall not give rise to any liability on the part of the original debtor.
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- The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy and that it has been approved by the court.
Answer: True - Art 1306
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- An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor and even he has incurred in delay.
Answer: False - Art 1262
Shall be extinguished if it should be lost or destroyed without the fault of the debtor and before he has incurred in delay.
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- It is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it can be recovered.
Answer: False - Art 1189
It cannot be recovered.
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- The payment of depths in money shall be made in currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines.
The delivery of promissory notes payable to order, our bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or went through the fault of the creditor they have been impaired.
Study mo lang, pero baka false ang sagOat
