43 Questions
What is the term used to refer to the delay of the debtor to perform his obligation to give?
Mora Solvendi
In the context of default, what does 'Ex persona' refer to?
Obligation to do
Which type of default involves the delay of the creditor in accepting delivery of the thing which is the object of the obligation?
Mora Accipiendi
What is the term used to describe the delay of the parties or obligors in reciprocal obligations?
Compensatio Morae
When does a debtor enter into default in terms of Mora Solvendi?
After a demand is made by the creditor upon the debtor
In a case where a debtor fails to comply with a demand from the creditor, what type of default occurs?
Mora Solvendi
In a contract of sale, when does delay begin for each party in reciprocal obligations?
When one party fulfills their obligation, but the other does not
What constitutes fraud in the performance of an obligation?
Conscious and intentional actions to evade fulfilling an obligation
What is the difference between fraud in performance and fraud in constitution?
Fraud in performance results in the nonfulfillment of the obligation, while fraud in constitution vitiates consent.
What is negligence (culpa) in the performance of an obligation?
Any voluntary act or omission without bad faith that prevents fulfilling an obligation
In a contract of carriage, what type of diligence is expected from common carriers?
Extraordinary diligence required by law
If a taxi driver drives recklessly leading to a passenger's injury, what legal concept is applicable?
Negligence in the performance of an obligation
What consequences result from fraud in constitution?
The contract is considered voidable
What is the main reason a debtor becomes liable even for loss due to a fortuitous event?
The debtor's promise to deliver the same thing to multiple persons
In the context of fortuitous events, why must the event be impossible to avoid?
To make sure the obligor can fulfill the obligation normally
What obligation arises from a crime, as mentioned in the text? lol
Delivery of a specific thing
When may a debtor not be liable for the loss or destruction of a generic thing?
When the debtor can provide substitute performance
What is the implication of Art. 1191 regarding rescission in reciprocal obligations?
The injured party can choose between fulfillment and rescission with damages in either case
In what situation does a fortuitous event render it impossible for the obligor to fulfill their obligation?
When the obligor participates in aggravating the injury
In what instances is the obligor liable for damages?
Those who in any manner contravene the tenor thereof
If both parties breach the obligation, how are damages to be paid?
Each party pays their own damages
What happens when a contract has a resolutory provision for breach?
The contract is automatically rescinded without requiring judicial intervention
Why did B ask for rescission of the contract instead of demanding full payment from A?
A had become insolvent and could not fulfill the payment obligation
When can a court decree rescission in a contractual dispute?
In the absence of just cause authorizing the fixing of a period
What type of permission is required for rescission when the contract contains a resolutory provision?
No permission is needed
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?
Extraordinary diligence
If both the contract and law are silent, what type of diligence is typically expected?
Ordinary diligence
What constitutes the violation of the terms and conditions stipulated in an obligation, as explained in the text?
Contravention of the Tenor of Obligation
Which term is used to describe the degree of care exercised by ordinarily prudent persons under the same or similar circumstances?
Ordinary diligence
What kind of acts are included in the phrase 'in any manner contravene the tenor' of an obligation?
Any defective performance
What term is used to describe an event that cannot be foreseen or, if foreseen, is inevitable?
Fortuitous event
Who is generally not responsible for acts that could not be foreseen or were inevitable?
The obligor
What type of event is considered a legal excuse for breach of obligation?
Fortuitous event
In legal terms, what are proper acts of God that can be considered fortuitous events? bahaha joker
Lightning and volcanic eruption
If an obligor's obligation becomes impossible to perform due to a fortuitous event, what is generally considered as a legal excuse?
Fortuitous event
In what situation would demand from the creditor NOT be necessary for delay to exist?
When the obligation specifies automatic default
When does a person incur delay without the need for a demand according to the law?
When the contract specifies automatic default upon non-fulfillment
What is an example of a situation where demand for performance is not needed to establish delay?
When taxes must be paid on a specific date by law
In what case would time be considered of the essence in an obligation?
When performance at a specific time was a crucial aspect of the contract
Under what circumstances would demand from the creditor NOT be necessary for delay to occur?
When the law expressly states that demand is not required
What situation leads to automatic default without any need for demand according to the text?
The contract specifying automatic default upon non-payment
When would demand from the creditor NOT be essential for delay under specific circumstances?
When agreements designate automatic default upon non-compliance
What leads to automatic default in obligations without any requirement for formal demand?
'Time is of the essence' clause in the contract
Learn about the concept of extraordinary diligence in the context of property preservation, and the level of care and caution that prudent individuals should exercise. Explore the standard of care expected in securing and maintaining one's own property.
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