Extinguishment of Obligations in Civil Law
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Questions and Answers

In case of new debtor's insolvency, what gives rise to liability on the part of the original debtor?

  • Novation is automatically void in such a scenario.
  • The original obligation becomes void automatically.
  • If the insolvency of the new debtor was already existing and of public knowledge or known to the original debtor when the debt was delegated. (correct)
  • The new debtor becomes solely responsible for fulfilling the debt.

    • What condition applies to the new obligation if the original obligation was subject to a suspensive or resolutory condition?

  • The new obligation becomes immediately due and payable.
  • The new obligation will be under the same condition as the original obligation unless stated otherwise. (correct)
  • The new obligation is automatically voided.
  • The new obligation is unaffected by the condition of the original obligation.

    • When can accessory obligations be extinguished in the event of novation?

  • Accessory obligations are irrelevant in cases of novation.
  • Accessory obligations may subsist if they benefit third persons who did not give consent to the novation. (correct)
  • Accessory obligations are only extinguished if the original debtor consents to novation.
  • Accessory obligations are extinguished completely in all cases during novation.

    • Under what circumstance is a change in the identity of the creditor considered legal?

    <p>When a third party, unconcerned with the obligation, pays with the debtor's approval.</p> Signup and view all the answers

    What is required for a conventional change in the identity of the creditor to be valid?

    <p>Clear agreement and consent from all parties involved are required for the change to be valid.</p> Signup and view all the answers

    Which court action applies to obligations that are void from the beginning?

    <p>Annulment</p> Signup and view all the answers

    What is one of the ways obligations are extinguished?

    <p>By annulment or rescission</p> Signup and view all the answers

    In the context of compensation, when does it take place?

    <p>When two persons are creditors and debtors of each other</p> Signup and view all the answers

    What is a requisite for compensation to occur between two parties?

    <p>Both debts are due</p> Signup and view all the answers

    When can compensation be set up by a debtor against another person?

    <p>If the debtor consents to the assignment of rights to that person</p> Signup and view all the answers

    What condition would allow the debtor to later set up compensation against a third party?

    <p>If the debtor has not reserved the right to compensation</p> Signup and view all the answers

    Are the modes stated under extinguishment of obligations exclusive?

    <p>No, there are additional ways like fulfillment of resolutory condition</p> Signup and view all the answers

    What is compensation's effect when the requisites are present?

    <p>Effective even if the parties are unaware of it</p> Signup and view all the answers

    Which of the following is a valid requisite for novation to exist?

    <p>Presence of intent to maintain the original obligation</p> Signup and view all the answers

    What is the purpose of novation?

    <p>To extinguish an obligation and create a new one</p> Signup and view all the answers

    When can two obligations be considered incompatible?

    <p>When they are unable to stand together</p> Signup and view all the answers

    What is the condition for a change in the identity of the debtor?

    <p>Always needs consent from the creditor</p> Signup and view all the answers

    What signifies the existence of novation?

    <p>Consensual agreement of relevant parties</p> Signup and view all the answers

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