Conditions for Delay in Payment under Contract Law
30 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

In a negative suspensive condition, when does the obligation become effective and binding?

  • When it becomes evident that the event cannot occur
  • As soon as the time is specified
  • Before the time indicated has elapsed
  • After the time indicated has elapsed without the event taking place (correct)
  • If no time has been fixed for a condition of non-happening of a future event, when is the condition deemed fulfilled?

  • At such time as may have probably been contemplated (correct)
  • At any random time
  • When the nature of the obligation changes
  • When the event actually occurs
  • In a positive suspensive condition, when does the obligation become effective and binding?

  • As soon as the time is specified
  • Before the time indicated has elapsed
  • After the time indicated has elapsed without the event taking place (correct)
  • When it becomes evident that the event cannot occur
  • If Jose obliges himself to give Maria P5000 if she gives birth on or before December 30, what happens if Maria gives birth after December 30?

    <p>Jose is not liable</p> Signup and view all the answers

    What would extinguish Jose's obligation in a negative suspensive condition where he promises to give Maria P5000 if she does not give birth on December 30?

    <p>Maria gives birth on December 30</p> Signup and view all the answers

    When does a condition of non-happening of a future event render an obligation effective?

    <p>At such time as may have probably been contemplated</p> Signup and view all the answers

    In which scenario is the demand by the creditor NOT necessary for delay to exist?

    <p>When the law or obligation expressly declares so</p> Signup and view all the answers

    What is the effect of 'mora accipendi' in a contractual relationship?

    <p>Creditor bears the risk of loss of the thing</p> Signup and view all the answers

    What characterizes 'mora solvendi ex persona'?

    <p>Default in personal obligations</p> Signup and view all the answers

    Under what circumstance does 'compensatio morae' apply?

    <p>The default of one party compensates the default of the other</p> Signup and view all the answers

    What effect does 'compensatio morae' have on reciprocal obligations?

    <p>Offsets liabilities fairly between the parties</p> Signup and view all the answers

    Why is delay in fulfilling a negative obligation not possible?

    <p>Negativity negates any obligation for fulfillment</p> Signup and view all the answers

    What is the consequence when a conditional obligation is void?

    <p>The affected obligation is annulled.</p> Signup and view all the answers

    In the context of obligations and contracts, what happens when a positive suspensive condition is not met?

    <p>The obligation is extinguished as soon as the time expires without the event happening.</p> Signup and view all the answers

    What occurs when a conditional obligation is valid and the condition is negative?

    <p>The condition is ignored, and the obligation is rendered pure and valid.</p> Signup and view all the answers

    When does a condition that some event happen at a determinate time extinguish an obligation?

    <p>Once the time expires without the event happening or if it is certain the event will not occur.</p> Signup and view all the answers

    In cases where an obligation is divisible and only part of it is affected by an impossible condition, what happens?

    <p>The affected part of the obligation is annulled while the rest remains valid.</p> Signup and view all the answers

    What happens to an impossible condition if there is already a pre-existing obligation that does not depend on it?

    <p>The pre-existing obligation remains valid despite the impossibility of the condition.</p> Signup and view all the answers

    In case of two or more demands by other creditors, who should the debtor prioritize payment to?

    <p>The first demanding creditor</p> Signup and view all the answers

    Which of the following acts can extinguish the obligation between solidary creditors and debtors?

    <p>Remission of the debt</p> Signup and view all the answers

    In novation, obligations can be modified by all of the following EXCEPT:

    <p>Increasing the debt amount</p> Signup and view all the answers

    When does confusion occur in a debt relationship?

    <p>When a creditor and debtor merge into the same person</p> Signup and view all the answers

    What happens in compensation between two persons in a debt relationship?

    <p>One debt is covered by the amount of the other</p> Signup and view all the answers

    Who is liable to other creditors for the share in the obligation when an act of novation, compensation, confusion, or remission is executed?

    <p>The creditor who executed the act</p> Signup and view all the answers

    What may the creditor do when two or more solidary debtors offer to pay?

    <p>Choose which offer to accept</p> Signup and view all the answers

    If a solidary debtor pays before the debt is due, can interest for the intervening period be demanded?

    <p>No, no interest can be demanded</p> Signup and view all the answers

    What happens if one solidary debtor is insolvent and cannot reimburse his share to the debtor who paid the obligation?

    <p>The insolvent debtor's share is split among all co-debtors proportionately</p> Signup and view all the answers

    What does payment by a solidary debtor entitle him to from his co-debtors?

    <p>No reimbursement if made after prescription of the obligation</p> Signup and view all the answers

    When does the creditor lose the right to demand interest on a payment made by a solidary debtor?

    <p>When the payment is made after the obligation has prescribed</p> Signup and view all the answers

    In what scenario does a solidary debtor not receive reimbursement from his co-debtors?

    <p>When he pays after the obligation has become illegal</p> Signup and view all the answers

    More Like This

    Use Quizgecko on...
    Browser
    Browser