Extinguishments of Obligations
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Questions and Answers

What is one mode of extinguishment of obligations?

  • By enhancement
  • By accumulation
  • By moderation
  • By novation (correct)
  • In what scenario may a creditor not be bound to accept payment by a third person?

  • When the third person is a guarantor
  • When the third person is not interested in the obligation (correct)
  • When the third person is a joint debtor
  • When there is a specific provision in the contract
  • What can be demanded by someone who pays for another in an obligation?

  • Repayment from the debtor except in certain cases (correct)
  • The cancellation of the obligation
  • An extension of the payment deadline
  • A share in the debtor's belongings
  • Under what circumstance can payment by a third person be rejected even if interest is present?

    <p>When there is no prior agreement between the parties</p> Signup and view all the answers

    Which mode of extinguishment involves the annulment of an obligation?

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

    In purely personal obligations, what event can lead to extinguishment?

    <p>Death of one party</p> Signup and view all the answers

    What is the concept of application of payment?

    <p>Designation of the debt to which the payment must be applied when the debtor has several obligations of the same kind in favor of the same creditor</p> Signup and view all the answers

    Under what circumstances can a person who pays on behalf of the debtor without the debtor's knowledge compel the creditor to subrogate him in his rights? ( confusing. error. it's when both parties allow the new debtor to pay on behalf of old debtor?)

    <p>When the payment has not been beneficial to the debtor</p> Signup and view all the answers

    In what form must payment generally be made according to Philippine laws?

    <p>Legal tender in the Philippines</p> Signup and view all the answers

    When does a consignation produce the effect of payment without prior tender of payment?

    <p>When two or more persons claim the right to collect</p> Signup and view all the answers

    What is the main difference between tender of payment and consignation?

    <p>Tender of payment is preparatory, while consignation is principal</p> Signup and view all the answers

    What are the requisites of legal compensation?

    <p>Both debts must be liquidated and demandable</p> Signup and view all the answers

    Under what circumstances can a debtor withdraw a consignation made?

    <p>before judicial declaration that consignation has been properly made</p> Signup and view all the answers

    When does novation take place?

    <p>When the object or principal conditions are changed</p> Signup and view all the answers

    What happens when a debtor is released from an obligation due to it becoming legally or physically impossible without their fault?

    <p>The obligor is released from the obligation</p> Signup and view all the answers

    What is required for an obligation to be extinguished by reason of novation?

    <p>Incompatibility between old and new obligations</p> Signup and view all the answers

    What is expromision in relation to debtor substitution?

    <p>Substitution with the consent of the creditor at the instance of the new debtor</p> Signup and view all the answers

    What are the effects of substitution of a new debtor without the knowledge or against the will of the original debtor?

    <p>The original debtor can recover only to the extent that payment has been beneficial</p> Signup and view all the answers

    What happens when an obligation is not demandable?

    <p>It cannot be extinguished by novation</p> Signup and view all the answers

    Under what circumstances does confusion or merger of rights occur?

    <p>When the creditor and debtor become the same person</p> Signup and view all the answers

    What signifies that an accessory obligation of pledge has been remitted according to Art. 1274?

    <p>The thing pledged is found in possession of the debtor after delivery to the creditor</p> Signup and view all the answers

    When does compensation take place according to Art. 1278?

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

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