Civil Code Obligations Quiz
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Questions and Answers

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?

  • 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?

  • 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?

    <p>The diligence expected of a good father of a family. (A)</p> Signup and view all the answers

    Under what circumstances is a person NOT held responsible for unforeseen events?

    <p>When expressly specified by law, or when the obligation requires assumption of risk. (C)</p> Signup and view all the answers

    After pursuing the debtor's property, what actions can a creditor take to satisfy their claims?

    <p>Exercise the debtor's rights and actions, except those inherent in the debtor's person, and challenge acts intended to defraud them. (A)</p> Signup and view all the answers

    What constitutes fault or negligence on the part of an obligor in the performance of an obligation?

    <p>The omission of diligence required by the nature of the obligation, considering the circumstances of persons, time, and place. (D)</p> Signup and view all the answers

    If negligence demonstrates bad faith, which articles apply?

    <p>Articles 1171 and 2201, paragraph 2. (B)</p> Signup and view all the answers

    Which of the following is the best definition of an obligation according to Article 1156?

    <p>A juridical necessity to give, to do, or not to do. (B)</p> Signup and view all the answers

    According to the Civil Code, which of the following is not a source of obligations?

    <p>Moral Imperatives. (A)</p> Signup and view all the answers

    What standard of care is required of a person obliged to deliver something, according to Article 1163, if no specific standard is mentioned?

    <p>The diligence of a good father of a family. (B)</p> Signup and view all the answers

    When does a creditor acquire a real right over the fruits of a thing that is to be delivered?

    <p>Upon delivery of the thing itself. (A)</p> Signup and view all the answers

    Referring to Article 1165, what recourse does a creditor have if a debtor fails to deliver a determinate thing?

    <p>The creditor may compel the debtor to make the delivery. (D)</p> Signup and view all the answers

    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?

    <p>The obligor is responsible for any fortuitous event until he has effected the delivery. (A)</p> Signup and view all the answers

    What does the obligation to deliver a determinate thing include, according to Article 1166?

    <p>The principal thing and all its accessions and accessories, even if not mentioned. (A)</p> Signup and view all the answers

    What distinguishes a civil obligation from a natural obligation, as defined in Article 1423?

    <p>Civil obligations give a right of action to compel performance, while natural obligations do not. (A)</p> Signup and view all the answers

    Under what condition is an obligation not immediately demandable?

    <p>When its performance depends on a future uncertain event. (A)</p> Signup and view all the answers

    If a debtor promises to pay 'when he can,' how is this type of obligation classified, and what governs it?

    <p>Obligation with a period, subject to court determination under Article 1197. (C)</p> Signup and view all the answers

    What distinguishes an obligation with a 'day certain' from a conditional obligation?

    <p>A 'day certain' is sure to happen, while a conditional obligation depends on an event that may or may not occur. (A)</p> Signup and view all the answers

    In an obligation with a designated period, who is presumed to benefit from the period?

    <p>Both the creditor and debtor, unless it appears the period was established for the benefit of one party. (A)</p> Signup and view all the answers

    Under which circumstance does a debtor not lose the right to use the period initially agreed upon for an obligation?

    <p>The debtor impairs the guaranties after their establishment due to a fortuitous event but immediately gives new ones equally satisfactory. (D)</p> Signup and view all the answers

    In what scenario is a solidary obligation not implied?

    <p>When there are multiple creditors and debtors, automatically implying that each debtor is responsible for the entire obligation. (D)</p> Signup and view all the answers

    Which of the following accurately describes a resolutory period?

    <p>It immediately terminates an existing obligation upon arrival of the specified date. (B)</p> Signup and view all the answers

    Debtor, owing Creditor $10,000, becomes insolvent. To maintain the benefit of the period previously agreed upon, what action must Debtor take?

    <p>Offer Creditor a guaranty or security for the $10,000 debt. (C)</p> Signup and view all the answers

    In an obligation with multiple debtors and creditors, what is the default presumption regarding the division of debt or credit if not specified otherwise?

    <p>The debt/credit is divided into as many shares as there are creditors or debtors, with each share considered distinct. (D)</p> Signup and view all the answers

    Under what condition can a solidary creditor NOT assign their rights?

    <p>Without the consent of the other solidary creditors. (D)</p> Signup and view all the answers

    In obligations with a penal clause, what does the penalty typically substitute, in the event of noncompliance?

    <p>Indemnity for damages and the payment of interests. (A)</p> Signup and view all the answers

    Under what circumstances can damages be demanded in addition to the penalty in an obligation with a penal clause?

    <p>If there is a specific stipulation allowing for both, or if the obligor refuses to pay the penalty or is guilty of fraud. (A)</p> Signup and view all the answers

    What is the effect of the nullity of the penal clause on the principal obligation?

    <p>The principal obligation remains valid, despite the nullity of the penal clause. (B)</p> Signup and view all the answers

    Which event does NOT typically extinguish an obligation?

    <p>Mutual agreement to extend the payment deadline. (B)</p> Signup and view all the answers

    Under the law, what constitutes 'payment' in the context of extinguishing an obligation?

    <p>The delivery of money or the performance, in any other manner, of an obligation. (A)</p> Signup and view all the answers

    When is a creditor NOT required to accept payment or fulfillment of an obligation from a third party?

    <p>When the third party has no vested interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. (B)</p> Signup and view all the answers

    Under what condition can a third party NOT compel a creditor to subrogate them in their rights after paying a debtor's obligation?

    <p>When the third party pays without the knowledge or against the will of the debtor. (A)</p> Signup and view all the answers

    Which of the following scenarios does NOT allow consignation alone to produce the effect of payment?

    <p>The creditor is abroad but has appointed a local agent. (D)</p> Signup and view all the answers

    When does the delivery of a promissory note produce the effect of payment?

    <p>When the promissory note has been cashed. (A)</p> Signup and view all the answers

    What is the consequence when a creditor impairs a mercantile document?

    <p>The delivery of the mercantile documents produces the effect of payment. (D)</p> Signup and view all the answers

    In an obligation where interest is due, which payment is applied first?

    <p>Interest is paid first, then principal. (A)</p> Signup and view all the answers

    Under which circumstance will the loss of a determinate object not extinguish an obligation?

    <p>The loss occurs after the debtor delays the delivery. (B)</p> Signup and view all the answers

    What is the effect on an obligation to deliver a generic thing if some items of that kind are lost or destroyed?

    <p>The obligation is not extinguished. (C)</p> Signup and view all the answers

    When a creditor refuses a valid tender of payment without just cause from the debtor, what recourse does the debtor have?

    <p>The debtor can be released from the obligation by consigning the sum due. (D)</p> Signup and view all the answers

    Flashcards

    Civil Obligations

    Obligations giving a right of action for enforcement.

    Natural Obligations

    Obligations based on moral or natural law without a right of action.

    Sources of Obligations

    Obligations arise from law, contracts, quasi-contracts, punishable acts, and quasi-delicts.

    Law-Based Obligations

    Obligations expressly determined by law, not presumed.

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    Contractual Obligations

    Obligations from contracts that act as law for the parties involved.

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    Care in Delivery

    Obligated individuals must take care of what they are to deliver.

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    Creditor's Rights

    A creditor has rights to the fruits of what is owed from obligation inception.

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    Determinate vs Indeterminate

    Determinate obligations allow for specific delivery; indeterminate allows for compliance at debtor's expense.

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    Delay in Obligation

    Occurs when an obligor fails to fulfill their duty after the obligee demands it.

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    Automatic Delay Conditions

    Circumstances under which delay occurs without a demand from the obligee.

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    Reciprocal Obligations

    Obligations where both parties must fulfill their duties to avoid delay.

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    Liability for Damages

    Responsibility for harm due to fraud, negligence, or failure to fulfill obligations.

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    Negligence of Obligor

    Failure to exercise the required diligence in fulfilling an obligation.

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    Unforeseeable Events

    Circumstances beyond control where a person isn't liable for resulting damages.

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    Rights of Creditors

    Creditors can pursue a debtor's property and rights to satisfy claims.

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    Fraudulent Actions

    Acts by the debtor aimed at defrauding creditors are subject to legal challenges.

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    Pure Obligations

    Obligations whose performance is not contingent upon any future or uncertain event.

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    Conditional Obligations

    Obligations dependent on a future uncertain event or a past unknown event.

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    Resolutory Condition

    A condition that, when fulfilled, terminates an obligation.

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    Period in Obligations

    A specified duration or point in time when an obligation must be fulfilled.

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    Day Certain

    A day that is certain to come, though not precisely known when.

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    Obligation Assumed with Period

    Obligation where debtor commits to pay when financially able; treated as having a deadline.

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    Solidary Obligations

    Obligations where each debtor is responsible for the entire performance, given explicitly or by law.

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    Debtor's Loss of Right to Period

    Situations that cause a debtor to lose the right to a payment period, like insolvency or failing to provide guarantees.

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    Division of Credit/Debt

    Credits or debts are presumed divided equally among creditors or debtors unless stated otherwise.

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    Solidarity in Obligations

    Solidarity exists among creditors or debtors even if bound differently.

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    Assignment of Rights

    A solidary creditor needs consent from others to assign their rights.

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    Penal Clause

    A penalty replaces damages and interest unless stated otherwise in obligations.

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    Nullity of Penal Clause

    If a penal clause is null, the principal obligation remains intact.

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    Extinguishment of Obligations

    Obligations dissolve via payment, loss, condonation, merger, compensation, or novation.

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    Payment Definition

    Payment means delivering money or fulfilling an obligation in any form.

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    Third Person Payment

    Creditors can refuse payment from a third person lacking interest unless agreed otherwise.

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    Debt Payment Without Knowledge

    Whoever pays a debt without the debtor's knowledge can't demand creditor rights.

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    Currency for Debt Payment

    Debts must be paid in stipulated currency; if unavailable, use legal tender in the Philippines.

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    Effect of Promissory Notes

    Payment via promissory notes is valid only when cashed or if creditor's fault occurs.

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    Interest and Principal Payment

    Payment on a debt won't count as complete until interest is paid.

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    Tender of Payment Conditions

    Debtor is released from responsibility if creditor unjustly refuses payment.

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    Consignation Purpose

    Consignation allows debt relief when creditor is absent, unknown, or refuses receipt.

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    Loss of Determinate Thing

    Obligation to deliver a specific thing ends if lost without debtor's fault before delay.

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    Obligation to Deliver Generic Thing

    Delivery obligation remains even if generic goods of the same kind are lost.

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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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    Description

    Test your knowledge on obligations according to the Civil Code. This quiz covers various scenarios regarding creditor-debtor relationships, delay in obligations, and standards of care. Answer questions about negligence, fraud, and the responsibilities of obligors in fulfilling contracts.

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