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?
