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 (D)</p> Signup and view all the answers

Which scenario is proper for compensation to occur?

<p>Civil liability arising from a penal offense (B)</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 (B)</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. (C)</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. (B)</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. (B)</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. (A)</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. (C)</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. (A)</p> Signup and view all the answers

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