133 Questions
What is a fortuitous event?
An event that cannot be foreseen and is inevitable
Which of the following is considered a fortuitous event?
Volcanic eruption
Who is NOT responsible for acts that could not be foreseen or were inevitable?
The obligor
In what situation can an obligation not be extinguished by a fortuitous event?
When the debtor is guilty of fraud or negligence
What must happen to an obligor for them to be held responsible for an obligation despite a fortuitous event?
The obligor must be negligent in fulfilling the obligation
In a potestative-will of the debtor situation, the obligation depends on:
The will of the debtor
What is the outcome in a suspensive condition?
Rights are acquired
If a specific thing deteriorates without the debtor's fault before a suspensive condition, who bears the impairment?
Creditor
What happens if a thing deteriorates through the fault of the debtor before a suspensive condition?
Rescission of the obligation
What is presumed to be for whose benefit when a period is designated in an obligation?
Creditor's benefit
What happens to Shaira's obligation to deliver the car if it is completely damaged after a demand by Brando?
It is converted into a monetary obligation to pay damages.
When can a debtor be liable for damages even if the loss is due to a fortuitous event?
When the debtor has promised to deliver the same thing to multiple persons.
In what situation does a fortuitous event not extinguish the obligation of the debtor?
When the obligation is generic in nature.
What must be true for an event to be considered a fortuitous event?
It must not be foreseen and avoidable.
What remedy is available to the creditor in an obligation to deliver a specific thing?
Specific Performance
According to Art. 1196, when a period is designated in an obligation, it is presumed to be for the benefit of:
Both the creditor and debtor
What can the debtor do if he desires to renounce the benefit of the period in an obligation?
Perform the obligation before the expiration of the period
When can a debtor lose the right to make use of a designated period in an obligation?
By becoming insolvent without giving any security for the debt
In an obligation with a resolutory period, when does the obligation terminate?
Upon arrival of a specific day
In case both parties have committed a breach of the obligation, what is the consequence according to Article 1192?
The liability of the first infractor shall be equitably tempered by the courts.
What is a pure obligation?
An obligation that is characterized by immediate demandability.
When can a court fix a period for an obligation?
When it depends on the will of the debtor or if not fixed by nature and circumstances
Under what conditions is a conditional obligation void according to Article 1182?
If its fulfilment depends solely on the will of the debtor.
What are the instances when the obligor is liable for damages according to Article 1170?
Those who in any manner contravene the tenor thereof
What happens to a conditional obligation when its fulfilment depends partly on the will of a party to the obligation and partly on chance or a third person's will?
It becomes immediate and demandable.
If a debtor is allowed to choose between two objects to fulfill an obligation, who does the right of choice typically pertain to?
Debtor only
In case of loss due to a fortuitous event of all objects/prestations due, what happens to the obligation?
The obligation is fully extinguished.
What happens in case of culpable loss before the right of choice is exercised by the debtor?
Debtor incurs no liability.
In joint divisible obligations, can a joint debtor be compelled to pay for the share of another joint debtor?
No, never.
In a joint indivisible obligation, what happens if one debtor becomes insolvent?
Others are not liable for the insolvent debtor's share.
Which type of obligations have as their object a prestation that is not susceptible of partial performance?
Indivisible obligations
When does the penalty in obligations with a penal clause not substitute the indemnity for damages and payment of interests?
If the creditor refuses to accept payment
What happens when a person pays on behalf of the debtor without the debtor's knowledge or against their will?
The person cannot compel the creditor to subrogate him in his rights
In what situation can payment through promissory notes or bills of exchange be considered effective?
When they have been cashed
Which mode of extinguishment of obligations involves the death of one of the contracting parties in purely personal obligations?
Prescription
If A and B are jointly liable for a debt that is indivisible, and A fulfills his obligation while B does not, what is the consequence?
B must reimburse A for his share of the debt
What happens when a solidary debtor pays off the entire debt on behalf of all debtors?
Each debtor must reimburse the paying debtor proportionally
In a solidary obligation, if one debtor becomes insolvent and cannot repay their share, what happens?
All co-debtors are collectively liable for the insolvent debtor's share
When can a creditor choose to proceed against any one or all of the solidary debtors simultaneously?
If one debtor refuses to pay
In a situation where A, B, and C borrowed money jointly and severally, what does this mean for their obligation?
Any debtor can be held liable for the full amount of the debt
What is the legal term used to describe an event that cannot be foreseen, and even if foreseen, is inevitable?
Fortuitous event
In what situation can an obligor be held responsible for acts that could not be foreseen or were inevitable?
When expressly specified by law
What is the legal outcome when a solidary debtor pays off the entire debt on behalf of all debtors?
The debt is transferred entirely to the debtor who paid
Under what conditions can a conditional obligation be void according to Article 1182?
If the condition is impossible or unlawful
What happens to Shaira's obligation to deliver the car if it is completely damaged after a demand by Brando?
The obligation is extinguished if no demand was made by Brando
In what situation can a conditional obligation be considered void according to Article 1182?
When the fulfillment depends on the debtor's will
Under what conditions is a pure obligation characterized by immediate demandability?
Does not depend on any condition or period
When does a potestative condition in obligations exist?
When the fulfillment depends solely on the debtor's will
What happens when payment through promissory notes or bills of exchange is considered effective in an obligation?
The payment is deemed valid without judicial permission
In case both parties have committed a breach of the obligation, what is the consequence according to Article 1192?
The liability of the first infractor is equitably tempered
If a debtor becomes insolvent after an obligation has been contracted, what action can the debtor take to avoid losing the benefit of the period?
Offer a new guaranty or security immediately
In obligations with a resolutory period, when does the obligation take effect and when does it terminate?
Takes effect immediately, terminates upon arrival of the day certain
When does a court have the authority to fix a period for an obligation?
If the obligation does not fix a period, but it was intended from nature and circumstances
In facultative obligations, what right is given to the debtor regarding performance of the obligation?
The right to choose which object to render in place of the original object
If a debtor violates any undertaking in consideration of which the creditor agreed to a period, what consequence does this violation have on the benefit of the period?
Debtor loses the benefit of the period
What happens if the car was completely damaged after a demand was made by Brando?
Shaira remains liable for damages due to legal delay
Under what conditions can a debtor be held liable for loss due to a fortuitous event?
If the event was independent of the human will and renders fulfillment impossible
When does a debtor have an obligation to deliver a specific thing to multiple persons with different interests?
When it becomes impossible for the debtor to fulfill their obligation
What is the effect of a debtor promising to deliver the same specific thing to two different individuals separately?
The debtor remains liable even if a fortuitous event happens
In what circumstances would a court reduce the amount of damages incurred by a debtor?
When the damages exceed a certain threshold
According to Art. 1222 of the Civil Code, which kinds of defenses are available to a solidary debtor if the creditor proceeds against him alone?
Defenses personal to others for the entire debt
In divisible obligations, what defines them compared to indivisible obligations?
Partial performance is not possible without changing the essence
When is a penalty in obligations with a penal clause NOT considered a substitute for damages?
When the penalty exceeds the debt amount
According to Art. 1236, under what conditions is a creditor bound to accept payment by a third person with no interest in fulfilling the obligation?
When there is no stipulation otherwise
What governs dation in payment where property is transferred in satisfaction of a money debt?
Sales Law
In a joint indivisible obligation, how can the debt be enforced if one debtor becomes insolvent?
By proceeding against the solvent debtors collectively
When is solidarity required in an obligation according to Article 1207 of the Civil Code?
When it involves a criminal offense or tort
If there is a breach of an obligation due to one debtor's actions, who must bear the damages?
The debtor who caused the breach
When is a debtor in a joint divisible obligation not liable for another joint debtor's share?
When the debtor is declared insolvent
What happens when one of multiple creditors or debtors in an obligation becomes insolvent?
The others are not liable for the insolvency of one party
In a joint divisible obligation, if one debtor fails to comply with his undertaking, what is the liability of the other joint debtors?
They are not liable for the share of the debtor who failed to comply.
What effect does novation, compensation, confusion, or remission of debt have among solidary creditors?
It extinguishes the obligation, with the creditor liable to others for their corresponding share.
If a solidary debtor becomes insolvent and cannot reimburse his share to the paying debtor, who bears this insolvent debtor's share?
All of his co-debtors in proportion to each one's debt.
What rights does a solidary debtor have in actions filed by the creditor against them?
They can invoke defenses personal to them or pertaining to their own share only.
When a creditor proceeds against one or some of the solidary debtors simultaneously, what happens according to Article 1216?
Proceeding against one does not prevent future proceedings against others until full collection.
What is the key difference between a suspensive condition and a resolutory condition in an obligation?
A suspensive condition results in the acquisition of rights, while a resolutory condition results in the extinguishment of rights.
If a debtor pays off a loan obligation after fulfilling a suspensive condition, who benefits from any improvement on the specific thing during this period?
The creditor, regardless of whether the improvement was due to the debtor or not.
In an obligation with a period, what happens if a debtor desires to renounce the benefit of the period?
The obligation becomes immediately due and demandable.
What is the consequence if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?
The creditor has the right to rescind the obligation or demand its fulfilment with indemnity for damages.
When does an obligation including a mixed condition (partly dependent on chance/will of third party) take effect?
Once all external conditions have been met, regardless of party involvement.
What type of condition exists when the fulfilment of an obligation depends upon the will of a party to the obligation and partly upon chance and/or the will of a third person?
Mixed condition
In a potestative-will of the creditor example, where does the conditional obligation depend?
Creditor
What happens if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?
The debtor must pay damages.
In an obligation with a period or term, what is presumed for whose benefit when a period has been designated?
Creditor's benefit
What type of event results in the extinction of rights arising out of an obligation?
Resolutory event
In which situation can an obligor be held responsible for acts that could not be foreseen or were inevitable?
When the fortuitious event is caused by the obligor's negligence
What happens to an obligation if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?
The obligation is extinguished
Under what conditions can a conditional obligation be void according to Article 1182?
If the condition is potestative
What is presumed to be for whose benefit when a period is designated in an obligation?
For the benefit of the debtor
What happens when a solidary debtor pays off the entire debt on behalf of all debtors?
The other debtors must reimburse the paying debtor
What is the legal consequence if a debtor becomes insolvent after an obligation has been contracted?
The debtor must pay damages to the creditor
Under what condition can a creditor choose rescission even after choosing fulfillment of the obligation?
If the obligation becomes impossible to fulfill
What is the legal outcome if a debtor in default causes loss due to a fortuitous event?
The debtor becomes liable even for loss due to a fortuitous event
In what situation is an obligor NOT responsible for acts that could not have been foreseen?
When a fortuitous event occurs
What happens when a debtor promises to deliver the same specific thing to two or more persons who do not have the same interest?
The debtor becomes liable even for a fortuitous event
In what instances can an obligor be liable for damages according to Article 1170?
Those who in any manner contravene the tenor thereof
When does a potestative condition in obligations exist?
When the obligation depends on the sole will of the debtor
What is the key difference between a suspensive condition and a resolutory condition in an obligation?
Resolutory conditions extinguish obligations upon fulfillment; suspensive conditions do not
Under what conditions is a pure obligation characterized by immediate demandability?
When it is not subject to conditions or terms for its effectivity or extinguishment
If a conditional obligation depends solely on the debtor's will, what is its legal status?
The conditional obligation is void
In an obligation with a resolutory period, when does the obligation terminate?
Upon arrival of the designated day
What happens if a debtor fails to furnish guarantees or securities promised to the creditor?
The debtor loses the benefit of the period
In what scenario can a debtor lose the benefit of the period without becoming insolvent?
Violation of undertakings agreed upon
What is the consequence of a debtor absconding in an obligation with a designated period?
Debtor loses the benefit of the period
What action can a debtor take to renounce the benefit of a period in an obligation?
Perform the obligation in advance
What happens if the debtor loses or the object due becomes impossible due to a fortuitous event?
The obligation is extinguished.
When can the joint debtor be compelled to pay for the share of another in a joint divisible obligation?
When there is solidarity expressly stated.
In a joint indivisible obligation, how does insolvency of one debtor affect the liability of the others?
The others are not liable for the insolvent debtor's share.
What happens when a person pays on behalf of the debtor without their knowledge or against their will?
The payment does not affect the debtor's liability.
Under what circumstances can payment through promissory notes or bills of exchange be considered effective?
If accepted by all parties involved
In case of a joint divisible obligation, what happens if one debtor cannot pay his share?
The debt is divided into equal shares and other debtors are not liable for the unpaid share.
What happens if a solidary debtor becomes insolvent and cannot reimburse his share to the paying debtor?
The insolvent debtor's share is borne by all co-debtors in proportion to their debts.
When one of the solidary debtors cannot reimburse his share due to insolvency, what action is taken by the remaining co-debtors?
They are each obligated to pay the remaining share of the insolvent debtor.
In mutual guaranty among solidary debtors, what is the consequence of two or more solidary debtors offering to pay the creditor?
The creditor may choose which offer to accept.
If a solidary debtor avails himself of defenses derived from the nature of the obligation, what is the limitation?
He can only use defenses pertaining to his own share in the obligation.
Under what circumstances can a debtor lose the benefit of the period in an obligation?
Becoming insolvent after the obligation has been contracted
In obligations with a resolutory period, what action by the debtor leads to the loss of said period?
Violating any undertaking agreed upon with the creditor
When does an obligation with a resolutory period take effect?
Upon the arrival of a specific date
In the context of obligations, what is the significance of a court fixing a period?
It influences the commencement and termination of obligations
How does a debtor's attempt to abscond affect the benefit of a period in obligations?
It leads to loss of the benefit of the period
What happens when a debtor attempts to abscond according to Article 1198?
The obligation terminates immediately without further recourse
What should a creditor do before demanding payment if an obligation fails to fix a period or depends upon the will of the debtor?
Ask the court to set the period
In an obligation where the debtor binds himself to pay when his means permit, what is required before payment can be demanded?
The creditor must ask the court to fix the period
If a loan agreement fails to specify a payment date, what action must the creditor take according to the example provided?
Ask the court to set the payment period
What becomes part of the contract when a court fixes a period for an obligation?
The period set by the court
If a loan agreement does not mention when repayment is due, what is required before the creditor can demand payment?
Asking the court to set a repayment period
What action must a creditor take in an obligation where payment depends on the debtor's will before enforcing payment?
Seek court intervention to fix a period
Can the debtor perform the obligation before the end of a resolutory period?
No, the debtor is bound to the resolutory period strictly.
If a court fixes a specific period for an obligation, who benefits from this designated period?
Both the creditor and debtor
What happens if a debtor renounces the benefit of a definite period in an obligation?
The obligation becomes immediately due and demandable.
In obligations with a resolutory period, may the debtor oppose premature demands from the creditor?
Yes, the debtor can oppose any premature demand by the creditor.
How does a resolutory period affect the performance of obligations?
It suspends performance until a specified event occurs.
In case of an indefinite period in an obligation, what is expected of both parties?
To perform within a reasonable time based on circumstances.
Test your knowledge on joint liability in obligations. Learn about the implications of joint divisible obligations and the liability of joint debtors in case of default. Explore scenarios where multiple debtors are jointly responsible for fulfilling a commitment.
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