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 (C)</p> Signup and view all the answers

Which mode of extinguishment involves the annulment of an obligation?

<p>Rescission (C)</p> Signup and view all the answers

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

<p>Death of one party (B)</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 (B)</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 (B)</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 (B)</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 (B)</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 (D)</p> Signup and view all the answers

What are the requisites of legal compensation?

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

When does novation take place?

<p>When the object or principal conditions are changed (C)</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 (D)</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 (B)</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 (A)</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 (D)</p> Signup and view all the answers

What happens when an obligation is not demandable?

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

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