Podcast
Questions and Answers
What is the term used to refer to the delay of the debtor to perform his obligation to give?
What is the term used to refer to the delay of the debtor to perform his obligation to give?
- Mora Solvendi (correct)
- Compensatio Morae
- Compulsory Execution
- Mora Accipiendi
In the context of default, what does 'Ex persona' refer to?
In the context of default, what does 'Ex persona' refer to?
- Obligation to compensate
- Obligation to do (correct)
- Obligation to receive
- Obligation to give
Which type of default involves the delay of the creditor in accepting delivery of the thing which is the object of the obligation?
Which type of default involves the delay of the creditor in accepting delivery of the thing which is the object of the obligation?
- Mora Solvendi
- Mora Accipiendi (correct)
- Compensatio Morae
- Mora Creditori
What is the term used to describe the delay of the parties or obligors in reciprocal obligations?
What is the term used to describe the delay of the parties or obligors in reciprocal obligations?
When does a debtor enter into default in terms of Mora Solvendi?
When does a debtor enter into default in terms of Mora Solvendi?
In a case where a debtor fails to comply with a demand from the creditor, what type of default occurs?
In a case where a debtor fails to comply with a demand from the creditor, what type of default occurs?
In a contract of sale, when does delay begin for each party in reciprocal obligations?
In a contract of sale, when does delay begin for each party in reciprocal obligations?
What constitutes fraud in the performance of an obligation?
What constitutes fraud in the performance of an obligation?
What is the difference between fraud in performance and fraud in constitution?
What is the difference between fraud in performance and fraud in constitution?
What is negligence (culpa) in the performance of an obligation?
What is negligence (culpa) in the performance of an obligation?
In a contract of carriage, what type of diligence is expected from common carriers?
In a contract of carriage, what type of diligence is expected from common carriers?
If a taxi driver drives recklessly leading to a passenger's injury, what legal concept is applicable?
If a taxi driver drives recklessly leading to a passenger's injury, what legal concept is applicable?
What consequences result from fraud in constitution?
What consequences result from fraud in constitution?
What is the main reason a debtor becomes liable even for loss due to a fortuitous event?
What is the main reason a debtor becomes liable even for loss due to a fortuitous event?
In the context of fortuitous events, why must the event be impossible to avoid?
In the context of fortuitous events, why must the event be impossible to avoid?
What obligation arises from a crime, as mentioned in the text? lol
What obligation arises from a crime, as mentioned in the text? lol
When may a debtor not be liable for the loss or destruction of a generic thing?
When may a debtor not be liable for the loss or destruction of a generic thing?
What is the implication of Art. 1191 regarding rescission in reciprocal obligations?
What is the implication of Art. 1191 regarding rescission in reciprocal obligations?
In what situation does a fortuitous event render it impossible for the obligor to fulfill their obligation?
In what situation does a fortuitous event render it impossible for the obligor to fulfill their obligation?
In what instances is the obligor liable for damages?
In what instances is the obligor liable for damages?
If both parties breach the obligation, how are damages to be paid?
If both parties breach the obligation, how are damages to be paid?
What happens when a contract has a resolutory provision for breach?
What happens when a contract has a resolutory provision for breach?
Why did B ask for rescission of the contract instead of demanding full payment from A?
Why did B ask for rescission of the contract instead of demanding full payment from A?
When can a court decree rescission in a contractual dispute?
When can a court decree rescission in a contractual dispute?
What type of permission is required for rescission when the contract contains a resolutory provision?
What type of permission is required for rescission when the contract contains a resolutory provision?
What is the term used to describe the extreme care and caution exercised by very prudent and thoughtful persons in securing and preserving their property?
What is the term used to describe the extreme care and caution exercised by very prudent and thoughtful persons in securing and preserving their property?
If both the contract and law are silent, what type of diligence is typically expected?
If both the contract and law are silent, what type of diligence is typically expected?
What constitutes the violation of the terms and conditions stipulated in an obligation, as explained in the text?
What constitutes the violation of the terms and conditions stipulated in an obligation, as explained in the text?
Which term is used to describe the degree of care exercised by ordinarily prudent persons under the same or similar circumstances?
Which term is used to describe the degree of care exercised by ordinarily prudent persons under the same or similar circumstances?
What kind of acts are included in the phrase 'in any manner contravene the tenor' of an obligation?
What kind of acts are included in the phrase 'in any manner contravene the tenor' of an obligation?
What term is used to describe an event that cannot be foreseen or, if foreseen, is inevitable?
What term is used to describe an event that cannot be foreseen or, if foreseen, is inevitable?
Who is generally not responsible for acts that could not be foreseen or were inevitable?
Who is generally not responsible for acts that could not be foreseen or were inevitable?
What type of event is considered a legal excuse for breach of obligation?
What type of event is considered a legal excuse for breach of obligation?
In legal terms, what are proper acts of God that can be considered fortuitous events? bahaha joker
In legal terms, what are proper acts of God that can be considered fortuitous events? bahaha joker
If an obligor's obligation becomes impossible to perform due to a fortuitous event, what is generally considered as a legal excuse?
If an obligor's obligation becomes impossible to perform due to a fortuitous event, what is generally considered as a legal excuse?
In what situation would demand from the creditor NOT be necessary for delay to exist?
In what situation would demand from the creditor NOT be necessary for delay to exist?
When does a person incur delay without the need for a demand according to the law?
When does a person incur delay without the need for a demand according to the law?
What is an example of a situation where demand for performance is not needed to establish delay?
What is an example of a situation where demand for performance is not needed to establish delay?
In what case would time be considered of the essence in an obligation?
In what case would time be considered of the essence in an obligation?
Under what circumstances would demand from the creditor NOT be necessary for delay to occur?
Under what circumstances would demand from the creditor NOT be necessary for delay to occur?
What situation leads to automatic default without any need for demand according to the text?
What situation leads to automatic default without any need for demand according to the text?
When would demand from the creditor NOT be essential for delay under specific circumstances?
When would demand from the creditor NOT be essential for delay under specific circumstances?
What leads to automatic default in obligations without any requirement for formal demand?
What leads to automatic default in obligations without any requirement for formal demand?