Conditional Obligations Quiz

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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?

Both fulfillment and rescission Signup and view all the answers

What does rescission refer to in legal terms?

All of the above Signup and view all the answers

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

Yes, always allowed 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?

Both the creditor and debtor Signup and view all the answers

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

Creditor cannot demand performance before the period ends; debtor cannot perform before the period ends Signup and view all the answers

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

Renounce the benefit of the period Signup and view all the answers

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

Impairing guaranties or securities after establishment 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?

Violating any undertaking agreed upon with the creditor Signup and view all the answers

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

Providing guaranties or securities as promised 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?

Mixed condition Signup and view all the answers

In a suspensive condition, what happens upon its fulfilment?

Rights are acquired Signup and view all the answers

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

The impairment is borne by the creditor Signup and view all the answers

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

Rescission of the obligation Signup and view all the answers

In what scenario does a resolutory condition result?

Extinguishment of rights Signup and view all the answers

When is an obligation with a period or term terminated?

Upon arrival of a future and certain event Signup and view all the answers

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

Potestative Signup and view all the answers

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

Debtor must pay damages 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?

'Obligation with a period' 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?

Improvement inures to the benefit of the creditor Signup and view all the answers

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

When the obligor is unable to fulfil their obligation due to insolvency Signup and view all the answers

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

If the contract contains a provision allowing for rescission in case of breach Signup and view all the answers

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

Their liability shall be equitably tempered by the courts Signup and view all the answers

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

If both parties commit a breach of the obligation Signup and view all the answers

What defines a pure obligation?

An obligation with immediate demandability Signup and view all the answers

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

Casual condition 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?

Potestative condition Signup and view all the answers

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