Conditional Obligations Quiz

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Questions and Answers

What remedy is available to a creditor in an obligation to deliver a specific thing?

  • Cancellation
  • Substitute Performance
  • Rescission
  • Specific Performance (correct)

In which situation can the injured party choose rescission after choosing fulfillment of the obligation?

  • When the obligation to do is a purely personal act
  • When fulfillment of the obligation becomes impossible (correct)
  • When the injured party has already paid damages
  • When the obligor fulfills the obligation partially

Under what circumstances can a creditor seek rescission according to Article 1191?

  • If fulfillment of the obligation becomes impossible (correct)
  • If there are no demands from the creditor
  • If the obligor demands payment before fulfilling the obligation
  • If the obligation is fulfilled partially by the obligor

Which remedy can be chosen by the injured party in reciprocal obligations according to Article 1191?

<p>Both fulfillment and rescission (C)</p> Signup and view all the answers

What does rescission refer to in legal terms?

<p>All of the above (D)</p> Signup and view all the answers

Can the injured party choose substitute performance by a third person in obligations to deliver a generic thing?

<p>Yes, always allowed (A)</p> Signup and view all the answers

In an obligation where a period is designated, who is presumed to benefit from the period unless stated otherwise?

<p>Both the creditor and debtor (B)</p> Signup and view all the answers

What is the general rule regarding the performance of an obligation when a period is designated?

<p>Creditor cannot demand performance before the period ends; debtor cannot perform before the period ends (A)</p> Signup and view all the answers

What must a debtor do to oppose premature demands by the creditor for performance of an obligation?

<p>Renounce the benefit of the period (B)</p> Signup and view all the answers

When does a debtor lose the benefit of a designated period for an obligation?

<p>Impairing guaranties or securities after establishment (B)</p> Signup and view all the answers

Which action by a debtor would cause an immediate loss of the right to use the period given for an obligation?

<p>Violating any undertaking agreed upon with the creditor (B)</p> Signup and view all the answers

In what circumstance does a debtor not lose the right to use the period for an obligation?

<p>Providing guaranties or securities as promised (C)</p> Signup and view all the answers

What type of obligation is formed when the fulfilment depends upon the will of a party to the obligation and partly upon chance and/or the will of a third person?

<p>Mixed condition (D)</p> Signup and view all the answers

In a suspensive condition, what happens upon its fulfilment?

<p>Rights are acquired (A)</p> Signup and view all the answers

What happens if the thing deteriorates without the fault of the debtor?

<p>The impairment is borne by the creditor (D)</p> Signup and view all the answers

What right does the creditor have if the thing deteriorates through the fault of the debtor?

<p>Rescission of the obligation (C)</p> Signup and view all the answers

In what scenario does a resolutory condition result?

<p>Extinguishment of rights (D)</p> Signup and view all the answers

When is an obligation with a period or term terminated?

<p>Upon arrival of a future and certain event (B)</p> Signup and view all the answers

What type of condition arises when an obligation depends exclusively on the will of the creditor?

<p>Potestative (A)</p> Signup and view all the answers

What happens if the thing is lost through the fault of the debtor?

<p>Debtor must pay damages (D)</p> Signup and view all the answers

'A borrowed money from B payable after a year they executed the agreement.' What does this scenario describe in terms of obligations?

<p>'Obligation with a period' (A)</p> Signup and view all the answers

What effect does improvement have on a specific thing before the happening of a suspensive condition in an obligation to give?

<p>Improvement inures to the benefit of the creditor (A)</p> Signup and view all the answers

In what situation can a party request rescission of a contract plus damages?

<p>When the obligor is unable to fulfil their obligation due to insolvency (A)</p> Signup and view all the answers

Under what circumstance is judicial permission not required for rescission of a contract?

<p>If the contract contains a provision allowing for rescission in case of breach (D)</p> Signup and view all the answers

What is the liability of an infractor who committed a breach of contract before the other party?

<p>Their liability shall be equitably tempered by the courts (C)</p> Signup and view all the answers

When does each party in a contract bear their own damages?

<p>If both parties commit a breach of the obligation (A)</p> Signup and view all the answers

What defines a pure obligation?

<p>An obligation with immediate demandability (C)</p> Signup and view all the answers

In what type of condition does the fulfilment depend on chance and/or a third person's will?

<p>Casual condition (C)</p> Signup and view all the answers

'A will pay B when his means permit him to do so' is an example of which type of condition?

<p>Potestative condition (B)</p> Signup and view all the answers

'A will pay B if C pays A his loan obligation first' represents which type of condition?

<p>Mixed condition (C)</p> Signup and view all the answers

Under what circumstances is a conditional obligation considered void?

<p>If it depends solely on the debtor's will (D)</p> Signup and view all the answers

In what scenario is judicial permission not required for rescission of a contract?

<p>If there is provision for rescission in the contract (B)</p> Signup and view all the answers

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