Podcast
Questions and Answers
What remedy is available to a creditor in an obligation to deliver a specific thing?
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?
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?
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?
Which remedy can be chosen by the injured party in reciprocal obligations according to Article 1191?
What does rescission refer to in legal terms?
What does rescission refer to in legal terms?
Can the injured party choose substitute performance by a third person in obligations to deliver a generic thing?
Can the injured party choose substitute performance by a third person in obligations to deliver a generic thing?
In an obligation where a period is designated, who is presumed to benefit from the period unless stated otherwise?
In an obligation where a period is designated, who is presumed to benefit from the period unless stated otherwise?
What is the general rule regarding the performance of an obligation when a period is designated?
What is the general rule regarding the performance of an obligation when a period is designated?
What must a debtor do to oppose premature demands by the creditor for performance of an obligation?
What must a debtor do to oppose premature demands by the creditor for performance of an obligation?
When does a debtor lose the benefit of a designated period for an obligation?
When does a debtor lose the benefit of a designated period for an obligation?
Which action by a debtor would cause an immediate loss of the right to use the period given for an obligation?
Which action by a debtor would cause an immediate loss of the right to use the period given for an obligation?
In what circumstance does a debtor not lose the right to use the period for an obligation?
In what circumstance does a debtor not lose the right to use the period for an obligation?
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?
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?
In a suspensive condition, what happens upon its fulfilment?
In a suspensive condition, what happens upon its fulfilment?
What happens if the thing deteriorates without the fault of the debtor?
What happens if the thing deteriorates without the fault of the debtor?
What right does the creditor have if the thing deteriorates through the fault of the debtor?
What right does the creditor have if the thing deteriorates through the fault of the debtor?
In what scenario does a resolutory condition result?
In what scenario does a resolutory condition result?
When is an obligation with a period or term terminated?
When is an obligation with a period or term terminated?
What type of condition arises when an obligation depends exclusively on the will of the creditor?
What type of condition arises when an obligation depends exclusively on the will of the creditor?
What happens if the thing is lost through the fault of the debtor?
What happens if the thing is lost through the fault of the debtor?
'A borrowed money from B payable after a year they executed the agreement.' What does this scenario describe in terms of obligations?
'A borrowed money from B payable after a year they executed the agreement.' What does this scenario describe in terms of obligations?
What effect does improvement have on a specific thing before the happening of a suspensive condition in an obligation to give?
What effect does improvement have on a specific thing before the happening of a suspensive condition in an obligation to give?
In what situation can a party request rescission of a contract plus damages?
In what situation can a party request rescission of a contract plus damages?
Under what circumstance is judicial permission not required for rescission of a contract?
Under what circumstance is judicial permission not required for rescission of a contract?
What is the liability of an infractor who committed a breach of contract before the other party?
What is the liability of an infractor who committed a breach of contract before the other party?
When does each party in a contract bear their own damages?
When does each party in a contract bear their own damages?
What defines a pure obligation?
What defines a pure obligation?
In what type of condition does the fulfilment depend on chance and/or a third person's will?
In what type of condition does the fulfilment depend on chance and/or a third person's will?
'A will pay B when his means permit him to do so' is an example of which type of condition?
'A will pay B when his means permit him to do so' is an example of which type of condition?
'A will pay B if C pays A his loan obligation first' represents which type of condition?
'A will pay B if C pays A his loan obligation first' represents which type of condition?
Under what circumstances is a conditional obligation considered void?
Under what circumstances is a conditional obligation considered void?
In what scenario is judicial permission not required for rescission of a contract?
In what scenario is judicial permission not required for rescission of a contract?
Flashcards
Remedy for Specific Thing
Remedy for Specific Thing
The creditor can demand specific performance, compelling the debtor to deliver the exact item agreed upon.
Rescission After Fulfillment
Rescission After Fulfillment
Rescission is possible only if fulfillment becomes impossible after the party initially chose fulfillment.
Creditor's Rescission Rights
Creditor's Rescission Rights
According to Article 1191, a creditor can seek rescission if fulfilling the associated obligation, becomes impossible.
Remedies in Reciprocal Obligations
Remedies in Reciprocal Obligations
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What is Rescission?
What is Rescission?
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Substitute Performance
Substitute Performance
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Benefit of the Period
Benefit of the Period
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Obligation Performance and Period
Obligation Performance and Period
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Opposing Premature Demands
Opposing Premature Demands
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Losing Benefit of Period
Losing Benefit of Period
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Violation of Undertaking
Violation of Undertaking
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Maintaining Benefit of Period
Maintaining Benefit of Period
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Mixed Condition
Mixed Condition
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Suspensive Condition
Suspensive Condition
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Deterioration Without Fault
Deterioration Without Fault
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Deterioration With Fault
Deterioration With Fault
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Resolutory Condition
Resolutory Condition
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Termination with a Period
Termination with a Period
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Potestative Condition
Potestative Condition
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Loss Due to Debtor's Fault
Loss Due to Debtor's Fault
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Obligation with a Period
Obligation with a Period
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Benefit of Improvement
Benefit of Improvement
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Rescission Due to Insolvency
Rescission Due to Insolvency
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Rescission Without Permission
Rescission Without Permission
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Liability of Infractor
Liability of Infractor
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Mutual Breach
Mutual Breach
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Pure Obligation
Pure Obligation
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Casual Condition
Casual Condition
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Potestative Condition
Potestative Condition
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Mixed Condition
Mixed Condition
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