13 Questions
Which of the following is NOT a way of extinguishing obligations?
Renewal of the obligation
In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee’s will. This is an example of:
Novation
What does payment consist of according to the text?
Performance in any manner
Can the debtor compel the creditor to accept a different thing if it is more valuable than that which is due?
No, regardless of the circumstances
What is an example given in the text that illustrates that an act or forbearance cannot be substituted by another act or forbearance against the obligee’s will?
D is obliged to paint C’s car but offered to paint C’s house instead
Which of the following is NOT a cause of extinguishment of obligations according to the text?
Renunciation by the creditor
In the context of obligations to give a generic thing whose quality and circumstances have not been stated, what is the creditor unable to demand?
A thing of superior quality
What is legal tender, as defined in the text?
Money or currency that the debtor may compel his creditor to accept in payment of his debt
When can the obligor recover as though there had been strict and complete fulfillment, less damages suffered by the obligee?
When the obligation has been substantially performed in good faith
What is an exception to the rule that the creditor cannot be compelled to receive partial payments?
When there is an agreement to that effect or when the debt is in part liquidated
What happens when the obligee accepts the performance knowing its incompleteness or irregularity, and without expressing any protest or objection?
The obligation is deemed fully complied with
In obligations to give a generic thing, what should be taken into consideration when determining the quality of the thing to be given?
The purpose of the obligation and other circumstances
What is required for a monetary obligation to be considered fulfilled?
Payment in legal tender and complete performance
Study Notes
Extinction of Obligations
- Substitution of acts or forbearances is not allowed against the obligee's will.
- Payment consists of the delivery of what is due, in accordance with the terms of the obligation.
Limitations of Creditor's Rights
- The creditor cannot demand a specific quality or circumstance of a generic thing if not stated.
- The creditor cannot be compelled to receive partial payments, except in certain cases.
Legal Tender
- Legal tender is a currency that a creditor is legally bound to accept in payment of a debt.
Fulfillment of Obligations
- The obligor can recover as though there had been strict and complete fulfillment, less damages suffered by the obligee, when the obligee accepts an incomplete or irregular performance without protest.
Acceptance of Performance
- When the obligee accepts an incomplete or irregular performance without protest, it is considered as complete and regular.
Quality of Generic Thing
- In determining the quality of a generic thing to be given, the circumstances and usage of the place, as well as the quality of the thing that is usually given in the same locality, should be considered.
Monetary Obligations
- A monetary obligation is considered fulfilled when the obligor pays the exact amount of money due, in legal tender, and in accordance with the terms of the obligation.
This quiz covers the various ways in which obligations can be extinguished under the law, including payment or performance, loss of the thing due, condonation or remission of debt, confusion or merger of rights, compensation, novation, annulment, rescission, fulfillment of resolutory condition, prescription, and other causes. It also delves into the concept of payment and its broader meaning beyond just the delivery of money.
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