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>
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What does rescission refer to in legal terms?

<p>All of the above (D)</p>
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Can the injured party choose substitute performance by a third person in obligations to deliver a generic thing?

<p>Yes, always allowed (A)</p>
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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>
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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>
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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>
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When does a debtor lose the benefit of a designated period for an obligation?

<p>Impairing guaranties or securities after establishment (B)</p>
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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>
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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>
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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>
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In a suspensive condition, what happens upon its fulfilment?

<p>Rights are acquired (A)</p>
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What happens if the thing deteriorates without the fault of the debtor?

<p>The impairment is borne by the creditor (D)</p>
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What right does the creditor have if the thing deteriorates through the fault of the debtor?

<p>Rescission of the obligation (C)</p>
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In what scenario does a resolutory condition result?

<p>Extinguishment of rights (D)</p>
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When is an obligation with a period or term terminated?

<p>Upon arrival of a future and certain event (B)</p>
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What type of condition arises when an obligation depends exclusively on the will of the creditor?

<p>Potestative (A)</p>
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What happens if the thing is lost through the fault of the debtor?

<p>Debtor must pay damages (D)</p>
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'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>
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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>
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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>
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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>
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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>
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When does each party in a contract bear their own damages?

<p>If both parties commit a breach of the obligation (A)</p>
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What defines a pure obligation?

<p>An obligation with immediate demandability (C)</p>
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In what type of condition does the fulfilment depend on chance and/or a third person's will?

<p>Casual condition (C)</p>
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'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>
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'A will pay B if C pays A his loan obligation first' represents which type of condition?

<p>Mixed condition (C)</p>
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Under what circumstances is a conditional obligation considered void?

<p>If it depends solely on the debtor's will (D)</p>
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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>
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Flashcards

Remedy for Specific Thing

The creditor can demand specific performance, compelling the debtor to deliver the exact item agreed upon.

Rescission After Fulfillment

Rescission is possible only if fulfillment becomes impossible after the party initially chose fulfillment.

Creditor's Rescission Rights

According to Article 1191, a creditor can seek rescission if fulfilling the associated obligation, becomes impossible.

Remedies in Reciprocal Obligations

The injured party can choose either fulfillment (insisting on performance) or rescission (canceling the contract).

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What is Rescission?

Rescission means cancellation of a contract, restitution of what has been received, and resolution. All of the above answers are correct.

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Substitute Performance

Yes, in obligations to deliver a generic thing, the injured party can have it performed by a third person at the debtor's expense.

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Benefit of the Period

Both the creditor and the debtor are presumed to benefit from the period, unless it appears the period was established in favor of one or the other.

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Obligation Performance and Period

The creditor cannot demand performance before the period ends, and the debtor cannot perform before the period ends.

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Opposing Premature Demands

To oppose premature demands, the debtor must renounce the benefit of the period, essentially waiving their right to delay performance.

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Losing Benefit of Period

A debtor loses the benefit of the period if they impair the guaranties or securities provided after the obligation was established.

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Violation of Undertaking

Violating any agreed-upon undertaking with the creditor will cause an immediate loss of the right to use the period given for an obligation.

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Maintaining Benefit of Period

A debtor does not lose the right to use the period if they provide the agreed-upon guaranties or securities as promised.

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Mixed Condition

A mixed condition exists when fulfillment depends partly upon the will of a party and partly upon chance or a third person's will.

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Suspensive Condition

In a suspensive condition, rights are acquired or take effect upon fulfillment of the condition.

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Deterioration Without Fault

If the thing deteriorates without the debtor's fault, the impairment is borne by the creditor.

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Deterioration With Fault

If the thing deteriorates through the fault of the debtor, the creditor can choose between rescission (cancellation) of the obligation and its fulfillment, with damages in either case.

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Resolutory Condition

A resolutory condition results in the extinguishment of rights, meaning the rights end once the condition is fulfilled.

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Termination with a Period

An obligation with a period or term is terminated upon the arrival of the future and certain event that constitutes the term.

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Potestative Condition

A potestative condition arises when the fulfillment of the condition depends exclusively on the will of the creditor.

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Loss Due to Debtor's Fault

If the thing is lost through the fault of the debtor, the debtor must pay damages to the creditor.

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Obligation with a Period

This scenario describes an obligation with a period, as the payment is due after a specified time (one year).

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Benefit of Improvement

Improvement inures to the benefit of the creditor, meaning the creditor gets the advantage of any improvements made to the thing.

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Rescission Due to Insolvency

A party can request rescission of a contract plus damages when the obligor is unable to fulfil their obligation due to insolvency.

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Rescission Without Permission

Judicial permission is not required for rescission of a contract if the contract contains a provision allowing for rescission in case of breach.

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Liability of Infractor

The liability of an infractor who committed a breach of contract will be equitably tempered by the courts.

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Mutual Breach

Each party bears their own damages if both parties are found to have committed a breach of the obligation.

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Pure Obligation

A pure obligation is an obligation with immediate demandability, meaning it is due and enforceable right away.

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Casual Condition

In a casual condition, the fulfillment of the condition depends on chance and/or a third person's will.

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Potestative Condition

This is an example of potestative condition because it depends upon the will of the debtor, A.

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Mixed Condition

This is an example of mixed condition because it depends partly upon the will of a party and partly upon a third person's will

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