12 Questions
Which situation limits the debtor's choice in the application of payments?
Debtor cannot apply payment to principal if interest has not been paid
What kind of cession of payment extinguishes all the obligations of the debtor?
Voluntary
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 if the court finds the loss so important as to extinguish the obligation
Which of the following is NOT an implied condonation?
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
Which scenario is proper for compensation to occur?
Civil liability arising from a penal offense
When does a fortuitous event release the debtor from his obligation?
When it affects the performance of the obligation
In the case of solidary liabilities, what can happen to the innocent debtor or the one willing to comply with their part?
They can seek reimbursement from the debtor at fault.
What general rule applies when there is a penalty clause in an obligation?
The penalty substitutes the indemnity for damages in case of non-compliance.
When can a debtor exempt themselves from fulfilling an obligation by paying the penalty?
Unless expressly reserved, a debtor cannot escape fulfilling the obligation by paying the penalty.
When can a creditor demand both the fulfillment of the obligation and payment of the penalty simultaneously?
Only when it is explicitly stated in the contract.
When can a court reduce a penalty associated with an obligation?
Only if the penalty is unjust or excessive.
In what scenario can a creditor enforce a penalty after initially requiring fulfillment of the obligation?
If the performance of the obligation becomes impossible without fault of the creditor.
This quiz tests knowledge on the effects of default when one creditor demands payment from one debtor, as well as the interruption of prescription by a creditor's judicial demand. It also covers the impact of partial payments or acknowledgements made by joint debtors.
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