Podcast
Questions and Answers
Under what circumstances is a creditor's demand unnecessary for an obligor to be considered in delay?
Under what circumstances is a creditor's demand unnecessary for an obligor to be considered in delay?
- When the creditor lives far away from the obligor.
- When the item for delivery is inexpensive.
- When the law or obligation explicitly declares it, or when the timing of the obligation was a critical factor in establishing the contract. (correct)
- When the obligor requests an extension.
In reciprocal obligations, when does delay begin for one party?
In reciprocal obligations, when does delay begin for one party?
- From the moment the other party expresses intent to fulfill their obligation.
- Only after a formal written notice of delay is served.
- From the moment one party fulfills their obligation. (correct)
- When both parties agree to a delay.
According to the articles, what consequences may arise from committing fraud, negligence, or delay in fulfilling obligations?
According to the articles, what consequences may arise from committing fraud, negligence, or delay in fulfilling obligations?
- Imprisonment.
- Confiscation of property.
- Community service.
- Liability for damages. (correct)
If a contract does not specify the level of diligence required, what standard of care must be observed?
If a contract does not specify the level of diligence required, what standard of care must be observed?
Under what circumstances is a person NOT held responsible for unforeseen events?
Under what circumstances is a person NOT held responsible for unforeseen events?
After pursuing the debtor's property, what actions can a creditor take to satisfy their claims?
After pursuing the debtor's property, what actions can a creditor take to satisfy their claims?
What constitutes fault or negligence on the part of an obligor in the performance of an obligation?
What constitutes fault or negligence on the part of an obligor in the performance of an obligation?
If negligence demonstrates bad faith, which articles apply?
If negligence demonstrates bad faith, which articles apply?
Which of the following is the best definition of an obligation according to Article 1156?
Which of the following is the best definition of an obligation according to Article 1156?
According to the Civil Code, which of the following is not a source of obligations?
According to the Civil Code, which of the following is not a source of obligations?
What standard of care is required of a person obliged to deliver something, according to Article 1163, if no specific standard is mentioned?
What standard of care is required of a person obliged to deliver something, according to Article 1163, if no specific standard is mentioned?
When does a creditor acquire a real right over the fruits of a thing that is to be delivered?
When does a creditor acquire a real right over the fruits of a thing that is to be delivered?
Referring to Article 1165, what recourse does a creditor have if a debtor fails to deliver a determinate thing?
Referring to Article 1165, what recourse does a creditor have if a debtor fails to deliver a determinate thing?
According to Article 1165, what is the liability of an obligor who delays in the delivery of a determinate thing or has promised to deliver the same thing to two or more persons with different interests?
According to Article 1165, what is the liability of an obligor who delays in the delivery of a determinate thing or has promised to deliver the same thing to two or more persons with different interests?
What does the obligation to deliver a determinate thing include, according to Article 1166?
What does the obligation to deliver a determinate thing include, according to Article 1166?
What distinguishes a civil obligation from a natural obligation, as defined in Article 1423?
What distinguishes a civil obligation from a natural obligation, as defined in Article 1423?
Under what condition is an obligation not immediately demandable?
Under what condition is an obligation not immediately demandable?
If a debtor promises to pay 'when he can,' how is this type of obligation classified, and what governs it?
If a debtor promises to pay 'when he can,' how is this type of obligation classified, and what governs it?
What distinguishes an obligation with a 'day certain' from a conditional obligation?
What distinguishes an obligation with a 'day certain' from a conditional obligation?
In an obligation with a designated period, who is presumed to benefit from the period?
In an obligation with a designated period, who is presumed to benefit from the period?
Under which circumstance does a debtor not lose the right to use the period initially agreed upon for an obligation?
Under which circumstance does a debtor not lose the right to use the period initially agreed upon for an obligation?
In what scenario is a solidary obligation not implied?
In what scenario is a solidary obligation not implied?
Which of the following accurately describes a resolutory period?
Which of the following accurately describes a resolutory period?
Debtor, owing Creditor $10,000, becomes insolvent. To maintain the benefit of the period previously agreed upon, what action must Debtor take?
Debtor, owing Creditor $10,000, becomes insolvent. To maintain the benefit of the period previously agreed upon, what action must Debtor take?
In an obligation with multiple debtors and creditors, what is the default presumption regarding the division of debt or credit if not specified otherwise?
In an obligation with multiple debtors and creditors, what is the default presumption regarding the division of debt or credit if not specified otherwise?
Under what condition can a solidary creditor NOT assign their rights?
Under what condition can a solidary creditor NOT assign their rights?
In obligations with a penal clause, what does the penalty typically substitute, in the event of noncompliance?
In obligations with a penal clause, what does the penalty typically substitute, in the event of noncompliance?
Under what circumstances can damages be demanded in addition to the penalty in an obligation with a penal clause?
Under what circumstances can damages be demanded in addition to the penalty in an obligation with a penal clause?
What is the effect of the nullity of the penal clause on the principal obligation?
What is the effect of the nullity of the penal clause on the principal obligation?
Which event does NOT typically extinguish an obligation?
Which event does NOT typically extinguish an obligation?
Under the law, what constitutes 'payment' in the context of extinguishing an obligation?
Under the law, what constitutes 'payment' in the context of extinguishing an obligation?
When is a creditor NOT required to accept payment or fulfillment of an obligation from a third party?
When is a creditor NOT required to accept payment or fulfillment of an obligation from a third party?
Under what condition can a third party NOT compel a creditor to subrogate them in their rights after paying a debtor's obligation?
Under what condition can a third party NOT compel a creditor to subrogate them in their rights after paying a debtor's obligation?
Which of the following scenarios does NOT allow consignation alone to produce the effect of payment?
Which of the following scenarios does NOT allow consignation alone to produce the effect of payment?
When does the delivery of a promissory note produce the effect of payment?
When does the delivery of a promissory note produce the effect of payment?
What is the consequence when a creditor impairs a mercantile document?
What is the consequence when a creditor impairs a mercantile document?
In an obligation where interest is due, which payment is applied first?
In an obligation where interest is due, which payment is applied first?
Under which circumstance will the loss of a determinate object not extinguish an obligation?
Under which circumstance will the loss of a determinate object not extinguish an obligation?
What is the effect on an obligation to deliver a generic thing if some items of that kind are lost or destroyed?
What is the effect on an obligation to deliver a generic thing if some items of that kind are lost or destroyed?
When a creditor refuses a valid tender of payment without just cause from the debtor, what recourse does the debtor have?
When a creditor refuses a valid tender of payment without just cause from the debtor, what recourse does the debtor have?
Flashcards
Civil Obligations
Civil Obligations
Obligations giving a right of action for enforcement.
Natural Obligations
Natural Obligations
Obligations based on moral or natural law without a right of action.
Sources of Obligations
Sources of Obligations
Obligations arise from law, contracts, quasi-contracts, punishable acts, and quasi-delicts.
Law-Based Obligations
Law-Based Obligations
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Contractual Obligations
Contractual Obligations
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Care in Delivery
Care in Delivery
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Creditor's Rights
Creditor's Rights
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Determinate vs Indeterminate
Determinate vs Indeterminate
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Delay in Obligation
Delay in Obligation
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Automatic Delay Conditions
Automatic Delay Conditions
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Reciprocal Obligations
Reciprocal Obligations
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Liability for Damages
Liability for Damages
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Negligence of Obligor
Negligence of Obligor
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Unforeseeable Events
Unforeseeable Events
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Rights of Creditors
Rights of Creditors
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Fraudulent Actions
Fraudulent Actions
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Pure Obligations
Pure Obligations
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Conditional Obligations
Conditional Obligations
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Resolutory Condition
Resolutory Condition
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Period in Obligations
Period in Obligations
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Day Certain
Day Certain
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Obligation Assumed with Period
Obligation Assumed with Period
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Solidary Obligations
Solidary Obligations
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Debtor's Loss of Right to Period
Debtor's Loss of Right to Period
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Division of Credit/Debt
Division of Credit/Debt
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Solidarity in Obligations
Solidarity in Obligations
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Assignment of Rights
Assignment of Rights
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Penal Clause
Penal Clause
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Nullity of Penal Clause
Nullity of Penal Clause
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Extinguishment of Obligations
Extinguishment of Obligations
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Payment Definition
Payment Definition
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Third Person Payment
Third Person Payment
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Debt Payment Without Knowledge
Debt Payment Without Knowledge
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Currency for Debt Payment
Currency for Debt Payment
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Effect of Promissory Notes
Effect of Promissory Notes
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Interest and Principal Payment
Interest and Principal Payment
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Tender of Payment Conditions
Tender of Payment Conditions
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Consignation Purpose
Consignation Purpose
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Loss of Determinate Thing
Loss of Determinate Thing
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Obligation to Deliver Generic Thing
Obligation to Deliver Generic Thing
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Study Notes
Obligations and Their Sources
- Obligations are a juridical necessity to give, do, or not do (Art. 1156)
- Obligations arise from law, contracts, quasi-contracts, acts/omissions punished by law, and quasi-delicts (Art. 1157)
- Obligations derived from law are not presumed, only explicitly stated laws are demandable (Art. 1158).
- Obligations from contracts have the force of law between parties and should be complied with in good faith (Art. 1159)
Nature and Effect of Obligations
- A person obligated to deliver a specific item must care for it with reasonable diligence (Art. 1163).
- The creditor has a right to the item's fruits from when the obligation to deliver arises (Art. 1164).
- A determinate thing obligation also covers relevant accessories and accessions even if not mentioned (Art. 1166).
- Delay occurs when the obligee judicially or extrajudicially demands the fulfillment of an obligation (Art. 1169)
- Delay exceptions are when the law/obligation expressly declares, the timeframe was essential for the agreement, or when demand is futile (Art. 1169)
- Fraud, negligence, delays, and any breach of the obligation cause liability (Art. 1170)
- Negligence is omitting reasonable diligence depending on situation/time/place (Art. 1173)
- Usually normal/ordinary diligence standard of a good father/family member is expected unless otherwise indicated in contract or law (unless otherwise stated) (1174).
- Creditors can exercise all rights of a debtor to recover a debt after pursuing the debtor's assets (Art. 1177)
- A good father family standard of care (diligence) applies in the absence of other agreement/law
- Obligations for which performance doesn't depend on a future event are demandable immediately (Art. 1179).
- Obligations with resolutory conditions are also demandable, but effects of the resolutory event depend on the provisions of the preceding section (Art. 1180).
Pure and Conditional Obligations
- Pure obligations are immediately demandable if it does not depend on a future or uncertain event, or a past event unknown to parties (Art. 1179).
- Every obligation with a resolutory condition is also demandable, but effects of the resolutory event depend on the conditions specified (Art. 1180)
- A day certain is one that will inevitably happen, even if it's unknown when (Art. 1193).
- For obligations where a specific day(future event) is needed, those obligations are demandable only on that date (Art. 1193).
Joint and Solidary Obligations
- Concurrent creditors or debtors don't necessarily entail full obligations(Art 1207)
- Solidary liability exists if stated in the obligation, law, or nature requires it (Art. 1207)
- Credits/debts are presumed divided proportionally between multiple parties (Art. 1208)
- Solidarity can exist even if conditions or periods for parties differ (Art. 1211)
Obligations with a Penal Clause
- Penalties substitute damages/interests for non-compliance (Art. 1226).
- Demandable when specified (Art. 1230)
- Nullity of the penal clause does not automatically affect main obligation (Art. 1230)
Extinguishing Obligations
- Obligations can be extinguished by payment, loss of the thing, condonation, confusion, compensation and novation (Art. 1231).
- Other causes (annulment, rescission, fulfillment of resolutory condition, prescription etc) are covered elsewhere (Art. 1231).
Payment and Performance
- Payment includes delivering money or performing any other obligation's provisions (Art. 1232).
- Third parties cannot substitute payment unless specifically agreed upon (Art. 1236).
Loss of Thing Due
- If a specific item is lost before obligation fulfillment without fault of the debtor, the obligation is extinguished (Art. 1262)
- If a generic thing is lost it doesn't extinguish obligation (Art. 1263).
- If debtor possesses the item and it's lost, presumed their fault unless proven otherwise (Art. 1265).
Tender of Payment and Consignment
- Refusal of payment allows debtor to discharge responsibility through consignment of funds(Art 1256).
- Consignment cases include debtor(or creditor) absence, creditor incapacity, refusal to provide receipt, multiple claims, or lost/destroyed evidence of obligation (Art. 1256)
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