Effects of Default and Interruption of Prescription
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Questions and Answers

Which situation limits the debtor's choice in the application of payments?

  • The debt must be liquidated
  • Creditor cannot be compelled to accept partial payment
  • When the period is constituted in favor of the debtor and the same has not yet arrived
  • Debtor cannot apply payment to principal if interest has not been paid (correct)

    • What kind of cession of payment extinguishes all the obligations of the debtor?

  • Voluntary (correct)
  • All of the choices
  • Judicial
  • Conventional

    • In which case will a partial loss of the specific thing that is the object of the obligation affect the obligation?

  • Will extinguish the obligation once filed in court
  • Will extinguish the obligation if the court finds the loss so important as to extinguish the obligation (correct)
  • Will not affect the obligation
  • Will release the debtor from his obligation

    • Which of the following is NOT an implied condonation?

    <p>If the thing pledged, after delivery to the creditor-pledgee, is found in the possession of the debtor, or a third person who owns the thing</p> Signup and view all the answers

    Which scenario is proper for compensation to occur?

    <p>Civil liability arising from a penal offense</p> Signup and view all the answers

    When does a fortuitous event release the debtor from his obligation?

    <p>When it affects the performance of the obligation</p> Signup and view all the answers

    In the case of solidary liabilities, what can happen to the innocent debtor or the one willing to comply with their part?

    <p>They can seek reimbursement from the debtor at fault.</p> Signup and view all the answers

    What general rule applies when there is a penalty clause in an obligation?

    <p>The penalty substitutes the indemnity for damages in case of non-compliance.</p> Signup and view all the answers

    When can a debtor exempt themselves from fulfilling an obligation by paying the penalty?

    <p>Unless expressly reserved, a debtor cannot escape fulfilling the obligation by paying the penalty.</p> Signup and view all the answers

    When can a creditor demand both the fulfillment of the obligation and payment of the penalty simultaneously?

    <p>Only when it is explicitly stated in the contract.</p> Signup and view all the answers

    When can a court reduce a penalty associated with an obligation?

    <p>Only if the penalty is unjust or excessive.</p> Signup and view all the answers

    In what scenario can a creditor enforce a penalty after initially requiring fulfillment of the obligation?

    <p>If the performance of the obligation becomes impossible without fault of the creditor.</p> Signup and view all the answers

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