Effects of Default and Interruption of Prescription

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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?

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 Signup and view all the answers

Which scenario is proper for compensation to occur?

Civil liability arising from a penal offense Signup and view all the answers

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

When it affects the performance of the obligation 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?

They can seek reimbursement from the debtor at fault. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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

Only if the penalty is unjust or excessive. Signup and view all the answers

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. Signup and view all the answers

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?

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

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

Which of the following is NOT an implied condonation?

Which scenario is proper for compensation to occur?

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

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

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

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

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

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

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

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