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Questions and Answers
Which characteristic does NOT belong to payment by cession?
Which characteristic does NOT belong to payment by cession?
- One debtor, one creditor (correct)
- Abandonment of all the debtor’s properties except those exempt from execution
- Complete or partial insolvency
- More than one debt
Which of the following is NOT a special form of payment?
Which of the following is NOT a special form of payment?
- Payment by cession
- Dation in payment
- Accrual (correct)
- Tender of payment and consignation
Under which circumstance does C subrogate in the rights of B when C pays A’s debt?
Under which circumstance does C subrogate in the rights of B when C pays A’s debt?
- When the payment is made after the due date
- When C’s payment is with A’s knowledge (correct)
- C never subrogates in any case
- When C’s payment is without A’s knowledge
What is the term for the substitution or change of an obligation that extinguishes or modifies the first?
What is the term for the substitution or change of an obligation that extinguishes or modifies the first?
What is the method by which meeting the characteristics of both debtor and creditor in one obligation extinguishes that obligation?
What is the method by which meeting the characteristics of both debtor and creditor in one obligation extinguishes that obligation?
In which situation will the loss of a determinate thing extinguish the obligation?
In which situation will the loss of a determinate thing extinguish the obligation?
Can A rightfully oppose B's claim for compensation on September 10, 2015?
Can A rightfully oppose B's claim for compensation on September 10, 2015?
Which statement is true regarding the effects of compensatory payments?
Which statement is true regarding the effects of compensatory payments?
Which characteristic of dacion en pago is also a characteristic of a contract of sale?
Which characteristic of dacion en pago is also a characteristic of a contract of sale?
What is the term for an obligation where various prestations must all be performed to extinguish the obligation?
What is the term for an obligation where various prestations must all be performed to extinguish the obligation?
Which of the following defines a seller's promise or affirmation meant to induce a buyer's purchase?
Which of the following defines a seller's promise or affirmation meant to induce a buyer's purchase?
Which of the following contracts is considered rescissible?
Which of the following contracts is considered rescissible?
Which type of contract is deemed void?
Which type of contract is deemed void?
What is not true about novation regarding the modification of an obligation?
What is not true about novation regarding the modification of an obligation?
In the context of joint debtors, how much can creditor V collect from debtor B if the total amount due is P 20,000?
In the context of joint debtors, how much can creditor V collect from debtor B if the total amount due is P 20,000?
Which of the following refers to the conveyance of ownership as an accepted equivalent of performance?
Which of the following refers to the conveyance of ownership as an accepted equivalent of performance?
What is the principle that states parties are bound to fulfill not only what is expressly stipulated but also the consequences in keeping with good faith, usage, and law?
What is the principle that states parties are bound to fulfill not only what is expressly stipulated but also the consequences in keeping with good faith, usage, and law?
Which of the following instances does NOT render an offer ineffective before acceptance is conveyed?
Which of the following instances does NOT render an offer ineffective before acceptance is conveyed?
When is a contract perfected in the scenario where S offered to sell a car and B accepted it, but S died before acceptance was communicated?
When is a contract perfected in the scenario where S offered to sell a car and B accepted it, but S died before acceptance was communicated?
In which stage is a contract when the parties are negotiating but have not yet come to an agreement?
In which stage is a contract when the parties are negotiating but have not yet come to an agreement?
Which type of contracts are voidable due to the condition of the parties at the time of entering into the agreement?
Which type of contracts are voidable due to the condition of the parties at the time of entering into the agreement?
Which element of a contract exists only when it is expressly provided by the parties?
Which element of a contract exists only when it is expressly provided by the parties?
What is the stage of a contract called when there is a meeting of the minds between the contracting parties?
What is the stage of a contract called when there is a meeting of the minds between the contracting parties?
In contracts of pure beneficence, the cause or consideration is generally characterized by which of the following?
In contracts of pure beneficence, the cause or consideration is generally characterized by which of the following?
What action can A take if B refuses to accept A's payment made on September 20, 2015?
What action can A take if B refuses to accept A's payment made on September 20, 2015?
In novation, which statement is incorrect regarding obligations?
In novation, which statement is incorrect regarding obligations?
Which of the following is NOT a requisite for the application of payment?
Which of the following is NOT a requisite for the application of payment?
What is the consequence of a merger taking place in the person of the guarantor?
What is the consequence of a merger taking place in the person of the guarantor?
When is a payment made to an incapacitated creditor deemed valid?
When is a payment made to an incapacitated creditor deemed valid?
In Case 1, when Ader pays D's debt to C, under what condition is this payment valid?
In Case 1, when Ader pays D's debt to C, under what condition is this payment valid?
In Case 2, what can T collect from D after the assignment of credit rights?
In Case 2, what can T collect from D after the assignment of credit rights?
Which statement is true regarding payment made by a third person?
Which statement is true regarding payment made by a third person?
In what situation is a payment made to a third person NOT valid to extinguish the debtor's obligation to the creditor?
In what situation is a payment made to a third person NOT valid to extinguish the debtor's obligation to the creditor?
If N pays S the awarded P 72,000, what can N do regarding collection from R and J?
If N pays S the awarded P 72,000, what can N do regarding collection from R and J?
Why is P liable under the contract regarding the sale made by A?
Why is P liable under the contract regarding the sale made by A?
B's demand for payment from A after the house was destroyed is valid under which condition?
B's demand for payment from A after the house was destroyed is valid under which condition?
What could S do to satisfy the court's award of P 72,000?
What could S do to satisfy the court's award of P 72,000?
What is the consequence of A's agent acting beyond their powers in the sale to X?
What is the consequence of A's agent acting beyond their powers in the sale to X?
What must occur for B to legally demand payment from A after the house destruction?
What must occur for B to legally demand payment from A after the house destruction?
In what scenario can P avoid liability for the sale made by A?
In what scenario can P avoid liability for the sale made by A?
What type of obligation is defined as having several prestations due but only one performance is sufficient?
What type of obligation is defined as having several prestations due but only one performance is sufficient?
Which obligation is immediately demandable because it is not subject to conditions or specific dates?
Which obligation is immediately demandable because it is not subject to conditions or specific dates?
Which scenario represents a conditional obligation?
Which scenario represents a conditional obligation?
What is the legal status of the obligation described: 'I will give this ring, provided I can have it back if I want'?
What is the legal status of the obligation described: 'I will give this ring, provided I can have it back if I want'?
What happens to an alternative obligation if the right belongs to the debtor and the loss is due to their fault?
What happens to an alternative obligation if the right belongs to the debtor and the loss is due to their fault?
In the scenario where A, B, and C are jointly obligated to deliver a car and B's fault caused the damage, what can X collect from each party?
In the scenario where A, B, and C are jointly obligated to deliver a car and B's fault caused the damage, what can X collect from each party?
Which statement about obligations is false?
Which statement about obligations is false?
What is a key characteristic of a pure obligation?
What is a key characteristic of a pure obligation?
Flashcards
Valid Payment to Third Party
Valid Payment to Third Party
Payment made to a third party is valid if the creditor ratifies it, the debtor was led to believe the third party had authority, or the third party acquired the creditor's rights. However, it is NOT valid if the third party is just subrogated (meaning they took over the creditor's rights) and the debtor didn't know that.
Solidary Obligations
Solidary Obligations
In solidary obligations, if one debtor fails to fulfill their part, the creditors can demand the whole amount from any of the debtors. If one debtor pays the whole amount, they can recover from the other debtors their proportionate share.
Agent's Authority and Minor's Capacity
Agent's Authority and Minor's Capacity
A minor agent cannot bind the principal to a contract unless the principal ratifies the action. In this case, P is not bound by the contract since A exceeded his authority as a minor.
Obligations with Definite Periods & Loss of Subject Matter
Obligations with Definite Periods & Loss of Subject Matter
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Collecting Full Amount in Solidary Obligations
Collecting Full Amount in Solidary Obligations
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Recovering from Other Solidary Debtors
Recovering from Other Solidary Debtors
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Principal's Liability for Agent's Actions
Principal's Liability for Agent's Actions
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Liability in Solidary Obligations
Liability in Solidary Obligations
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Dacion en Pago
Dacion en Pago
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Conjunctive Obligation
Conjunctive Obligation
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Warranty
Warranty
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Rescissible Contracts
Rescissible Contracts
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Void Contracts
Void Contracts
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Solidary Creditors
Solidary Creditors
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Novation
Novation
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Cession
Cession
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Alternative Obligation
Alternative Obligation
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Pure Obligation
Pure Obligation
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Pure Obligation
Pure Obligation
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Alternative Obligation
Alternative Obligation
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Alternative Obligation
Alternative Obligation
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Loss of Prestation in Alternative Obligation
Loss of Prestation in Alternative Obligation
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Loss of Prestation in Alternative Obligation
Loss of Prestation in Alternative Obligation
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Loss of Prestation in Alternative Obligation
Loss of Prestation in Alternative Obligation
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Obligatory Force of Contract and Compliance in Good Faith
Obligatory Force of Contract and Compliance in Good Faith
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Perfection of a Contract
Perfection of a Contract
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Effect of Offeror's Death
Effect of Offeror's Death
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Stages of a Contract
Stages of a Contract
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Accidental Elements of a Contract
Accidental Elements of a Contract
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Voidable Contracts Due to Intoxication or Hypnosis
Voidable Contracts Due to Intoxication or Hypnosis
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Cause in Contracts of Pure Beneficence
Cause in Contracts of Pure Beneficence
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Conception Stage of a Contract
Conception Stage of a Contract
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Merger or Confusion
Merger or Confusion
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Dation in Payment
Dation in Payment
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Payment by Cession
Payment by Cession
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Compensation or Set Off
Compensation or Set Off
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Mora Solvendi (Delay in Payment)
Mora Solvendi (Delay in Payment)
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Condonation or Remission
Condonation or Remission
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Promise to Deliver Same Thing to Multiple People
Promise to Deliver Same Thing to Multiple People
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Novation: Void New Obligation
Novation: Void New Obligation
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Novation: Condition in Original Obligation
Novation: Condition in Original Obligation
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Payment by a Third Party: Donation?
Payment by a Third Party: Donation?
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Obligation with a Period
Obligation with a Period
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Payment to Incapacitated Creditor
Payment to Incapacitated Creditor
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Application of Payment: Requirements
Application of Payment: Requirements
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Merger: Guarantor and Debtor
Merger: Guarantor and Debtor
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Payment by Third Party: Validity
Payment by Third Party: Validity
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Study Notes
ACC 216 General Review
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Payment by Cession: Creditors become owners of debtor's property. Payment extinguishes obligations to the extent of proceeds. Debtor must be insolvent. Affects all property except exempt from execution.
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Dation in Payment: Delivery and transfer of ownership of a thing as performance equivalent.
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Tender of Payment: Debtor's offer to pay.
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Application of Payment: Obligation evidenced by a promissory note. Assignment of note, even back to original debtor (M), extinguishes obligation through compensation.
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Contract of Sale: A principal, nominate, consensual contract.
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Instrument Payable at a Determined Time: Instruments payable 30 days after the death of a specific person.
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Voidable Contract of Sale: A contract of sale that ensues from violence or intimidation.
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Offer Ineffective Before Acceptance: Instances that render offer ineffective include civil interdiction, insanity, intoxication, and insolvency of a party.
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Payment to a Third Person: Valid payment to a third person occurs when the creditor ratifies the payment, the debtor is led to believe the third person has authority to receive payment, or a third party is subrogated to the creditor's rights.
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Solidary Obligation: When multiple persons are bound to perform an obligation and any one can be compelled to perform it in full. If one is faulted, responsibility is shared by other parties.
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Minor Selling Property: A contract made by a minor exceeding authorized authority is not enforceable.
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Mortgage and Fire Damage: Loss of mortgaged property due to fire, which was not the fault of the mortgagor, does not affect the responsibility to pay the loan.
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Characteristics of Payment by Cession: Includes multiple debts, debtor's insolvency, and the exclusion of exempt property from execution.
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Alternative obligation: Multiple prestations are due and their performance is required to extinguish the obligation.
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Affirmation of Fact (Warranty): A seller’s statement, an affirmation, or a promise about the product that may induce a buyer’s purchase.
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Rescissible Contracts: Contracts entered into during a hypnotic spell or drunkenness, or to defraud creditors.
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Compensation: Extinguishment of two obligations to the extent that they are equal.
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Confusion: One person becomes both creditor and debtor in the same obligation.
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Condonation: One party relinquishes a right to the other, it is gratuitous.
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Compromise: An agreement made to settle a dispute between parties.
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Dation in Payment vs. Sale: While both involve transferring ownership of a thing, in Dation in Payment, the transfer is to extinguish a pre-existing debt. This is different than a sale, which is to transfer ownership in exchange for payment.
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Legal Compensation: Extinguishment of two obligations to the extent that they are equal or corresponding.
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Special form of Payment: Dation of Payment, Cession, Tender of Payment, and Consignment.
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Requirements of Application of Payment: debts must be due, debt must be of different kinds, one debtor, one creditor.
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Merger/Confusion: One person becomes both creditor and debtor regarding the same obligation.
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Loss of a Determinate Thing: When the loss of a determinate thing extinguishes an obligation is determined by the circumstances in relation to the obligation and the contractual agreements; including risk-assumption and agreed-upon terms.
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Compensation: When two parties owe each other sums of money, the amounts are offset against each other.
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Suspensive Condition: When the obligation depends on an event that has not yet occurred in the future.
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Resolutory Condition: A contract where the parties are obligated until a specific event happens, and at that point, the obligation ceases.
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Effect of Loss of Prestation: Consequences for the loss of a prestation (or object intended to be delivered) caused by the debtor.
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Solidary Obligation: Multiple persons obligated are jointly or severally responsible for the obligation; any one can be compelled to perform it in full.
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Joint Obligation: Multiple parties jointly obligated, with all required to perform the obligation.
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Description
Test your knowledge on the various forms of payment methods and obligations in contract law. Explore key concepts such as cession, dacion en pago, and compensation. This quiz is essential for understanding critical legal principles in financial obligations.