Joint Liability in Obligations Quiz
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Questions and Answers

What is a fortuitous event?

  • An event that can be foreseen and avoidable
  • An event that cannot be foreseen and is inevitable (correct)
  • An event that can be foreseen but is inevitable
  • An event that cannot be foreseen and avoidable

    • Which of the following is considered a fortuitous event?

  • Negligence
  • Delay in delivery
  • Volcanic eruption (correct)
  • Human error

    • Who is NOT responsible for acts that could not be foreseen or were inevitable?

  • Any third party
  • The creditor
  • The debtor
  • The obligor (correct)

    • In what situation can an obligation not be extinguished by a fortuitous event?

    <p>When the debtor is guilty of fraud or negligence</p> Signup and view all the answers

    What must happen to an obligor for them to be held responsible for an obligation despite a fortuitous event?

    <p>The obligor must be negligent in fulfilling the obligation</p> Signup and view all the answers

    In a potestative-will of the debtor situation, the obligation depends on:

    <p>The will of the debtor</p> Signup and view all the answers

    What is the outcome in a suspensive condition?

    <p>Rights are acquired</p> Signup and view all the answers

    If a specific thing deteriorates without the debtor's fault before a suspensive condition, who bears the impairment?

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

    What happens if a thing deteriorates through the fault of the debtor before a suspensive condition?

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

    What is presumed to be for whose benefit when a period is designated in an obligation?

    <p>Creditor's benefit</p> Signup and view all the answers

    What happens to Shaira's obligation to deliver the car if it is completely damaged after a demand by Brando?

    <p>It is converted into a monetary obligation to pay damages.</p> Signup and view all the answers

    When can a debtor be liable for damages even if the loss is due to a fortuitous event?

    <p>When the debtor has promised to deliver the same thing to multiple persons.</p> Signup and view all the answers

    In what situation does a fortuitous event not extinguish the obligation of the debtor?

    <p>When the obligation is generic in nature.</p> Signup and view all the answers

    What must be true for an event to be considered a fortuitous event?

    <p>It must not be foreseen and avoidable.</p> Signup and view all the answers

    What remedy is available to the creditor in an obligation to deliver a specific thing?

    <p>Specific Performance</p> Signup and view all the answers

    According to Art. 1196, when a period is designated in an obligation, it is presumed to be for the benefit of:

    <p>Both the creditor and debtor</p> Signup and view all the answers

    What can the debtor do if he desires to renounce the benefit of the period in an obligation?

    <p>Perform the obligation before the expiration of the period</p> Signup and view all the answers

    When can a debtor lose the right to make use of a designated period in an obligation?

    <p>By becoming insolvent without giving any security for the debt</p> Signup and view all the answers

    In an obligation with a resolutory period, when does the obligation terminate?

    <p>Upon arrival of a specific day</p> Signup and view all the answers

    In case both parties have committed a breach of the obligation, what is the consequence according to Article 1192?

    <p>The liability of the first infractor shall be equitably tempered by the courts.</p> Signup and view all the answers

    What is a pure obligation?

    <p>An obligation that is characterized by immediate demandability.</p> Signup and view all the answers

    When can a court fix a period for an obligation?

    <p>When it depends on the will of the debtor or if not fixed by nature and circumstances</p> Signup and view all the answers

    Under what conditions is a conditional obligation void according to Article 1182?

    <p>If its fulfilment depends solely on the will of the debtor.</p> Signup and view all the answers

    What are the instances when the obligor is liable for damages according to Article 1170?

    <p>Those who in any manner contravene the tenor thereof</p> Signup and view all the answers

    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?

    <p>It becomes immediate and demandable.</p> Signup and view all the answers

    If a debtor is allowed to choose between two objects to fulfill an obligation, who does the right of choice typically pertain to?

    <p>Debtor only</p> Signup and view all the answers

    In case of loss due to a fortuitous event of all objects/prestations due, what happens to the obligation?

    <p>The obligation is fully extinguished.</p> Signup and view all the answers

    What happens in case of culpable loss before the right of choice is exercised by the debtor?

    <p>Debtor incurs no liability.</p> Signup and view all the answers

    In joint divisible obligations, can a joint debtor be compelled to pay for the share of another joint debtor?

    <p>No, never.</p> Signup and view all the answers

    In a joint indivisible obligation, what happens if one debtor becomes insolvent?

    <p>Others are not liable for the insolvent debtor's share.</p> Signup and view all the answers

    Which type of obligations have as their object a prestation that is not susceptible of partial performance?

    <p>Indivisible obligations</p> Signup and view all the answers

    When does the penalty in obligations with a penal clause not substitute the indemnity for damages and payment of interests?

    <p>If the creditor refuses to accept payment</p> Signup and view all the answers

    What happens when a person pays on behalf of the debtor without the debtor's knowledge or against their will?

    <p>The person cannot compel the creditor to subrogate him in his rights</p> Signup and view all the answers

    In what situation can payment through promissory notes or bills of exchange be considered effective?

    <p>When they have been cashed</p> Signup and view all the answers

    Which mode of extinguishment of obligations involves the death of one of the contracting parties in purely personal obligations?

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

    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?

    <p>B must reimburse A for his share of the debt</p> Signup and view all the answers

    What happens when a solidary debtor pays off the entire debt on behalf of all debtors?

    <p>Each debtor must reimburse the paying debtor proportionally</p> Signup and view all the answers

    In a solidary obligation, if one debtor becomes insolvent and cannot repay their share, what happens?

    <p>All co-debtors are collectively liable for the insolvent debtor's share</p> Signup and view all the answers

    When can a creditor choose to proceed against any one or all of the solidary debtors simultaneously?

    <p>If one debtor refuses to pay</p> Signup and view all the answers

    In a situation where A, B, and C borrowed money jointly and severally, what does this mean for their obligation?

    <p>Any debtor can be held liable for the full amount of the debt</p> Signup and view all the answers

    What is the legal term used to describe an event that cannot be foreseen, and even if foreseen, is inevitable?

    <p>Fortuitous event</p> Signup and view all the answers

    In what situation can an obligor be held responsible for acts that could not be foreseen or were inevitable?

    <p>When expressly specified by law</p> Signup and view all the answers

    What is the legal outcome when a solidary debtor pays off the entire debt on behalf of all debtors?

    <p>The debt is transferred entirely to the debtor who paid</p> Signup and view all the answers

    Under what conditions can a conditional obligation be void according to Article 1182?

    <p>If the condition is impossible or unlawful</p> Signup and view all the answers

    What happens to Shaira's obligation to deliver the car if it is completely damaged after a demand by Brando?

    <p>The obligation is extinguished if no demand was made by Brando</p> Signup and view all the answers

    In what situation can a conditional obligation be considered void according to Article 1182?

    <p>When the fulfillment depends on the debtor's will</p> Signup and view all the answers

    Under what conditions is a pure obligation characterized by immediate demandability?

    <p>Does not depend on any condition or period</p> Signup and view all the answers

    When does a potestative condition in obligations exist?

    <p>When the fulfillment depends solely on the debtor's will</p> Signup and view all the answers

    What happens when payment through promissory notes or bills of exchange is considered effective in an obligation?

    <p>The payment is deemed valid without judicial permission</p> Signup and view all the answers

    In case both parties have committed a breach of the obligation, what is the consequence according to Article 1192?

    <p>The liability of the first infractor is equitably tempered</p> Signup and view all the answers

    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?

    <p>Offer a new guaranty or security immediately</p> Signup and view all the answers

    In obligations with a resolutory period, when does the obligation take effect and when does it terminate?

    <p>Takes effect immediately, terminates upon arrival of the day certain</p> Signup and view all the answers

    When does a court have the authority to fix a period for an obligation?

    <p>If the obligation does not fix a period, but it was intended from nature and circumstances</p> Signup and view all the answers

    In facultative obligations, what right is given to the debtor regarding performance of the obligation?

    <p>The right to choose which object to render in place of the original object</p> Signup and view all the answers

    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?

    <p>Debtor loses the benefit of the period</p> Signup and view all the answers

    What happens if the car was completely damaged after a demand was made by Brando?

    <p>Shaira remains liable for damages due to legal delay</p> Signup and view all the answers

    Under what conditions can a debtor be held liable for loss due to a fortuitous event?

    <p>If the event was independent of the human will and renders fulfillment impossible</p> Signup and view all the answers

    When does a debtor have an obligation to deliver a specific thing to multiple persons with different interests?

    <p>When it becomes impossible for the debtor to fulfill their obligation</p> Signup and view all the answers

    What is the effect of a debtor promising to deliver the same specific thing to two different individuals separately?

    <p>The debtor remains liable even if a fortuitous event happens</p> Signup and view all the answers

    In what circumstances would a court reduce the amount of damages incurred by a debtor?

    <p>When the damages exceed a certain threshold</p> Signup and view all the answers

    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?

    <p>Defenses personal to others for the entire debt</p> Signup and view all the answers

    In divisible obligations, what defines them compared to indivisible obligations?

    <p>Partial performance is not possible without changing the essence</p> Signup and view all the answers

    When is a penalty in obligations with a penal clause NOT considered a substitute for damages?

    <p>When the penalty exceeds the debt amount</p> Signup and view all the answers

    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?

    <p>When there is no stipulation otherwise</p> Signup and view all the answers

    What governs dation in payment where property is transferred in satisfaction of a money debt?

    <p>Sales Law</p> Signup and view all the answers

    In a joint indivisible obligation, how can the debt be enforced if one debtor becomes insolvent?

    <p>By proceeding against the solvent debtors collectively</p> Signup and view all the answers

    When is solidarity required in an obligation according to Article 1207 of the Civil Code?

    <p>When it involves a criminal offense or tort</p> Signup and view all the answers

    If there is a breach of an obligation due to one debtor's actions, who must bear the damages?

    <p>The debtor who caused the breach</p> Signup and view all the answers

    When is a debtor in a joint divisible obligation not liable for another joint debtor's share?

    <p>When the debtor is declared insolvent</p> Signup and view all the answers

    What happens when one of multiple creditors or debtors in an obligation becomes insolvent?

    <p>The others are not liable for the insolvency of one party</p> Signup and view all the answers

    In a joint divisible obligation, if one debtor fails to comply with his undertaking, what is the liability of the other joint debtors?

    <p>They are not liable for the share of the debtor who failed to comply.</p> Signup and view all the answers

    What effect does novation, compensation, confusion, or remission of debt have among solidary creditors?

    <p>It extinguishes the obligation, with the creditor liable to others for their corresponding share.</p> Signup and view all the answers

    If a solidary debtor becomes insolvent and cannot reimburse his share to the paying debtor, who bears this insolvent debtor's share?

    <p>All of his co-debtors in proportion to each one's debt.</p> Signup and view all the answers

    What rights does a solidary debtor have in actions filed by the creditor against them?

    <p>They can invoke defenses personal to them or pertaining to their own share only.</p> Signup and view all the answers

    When a creditor proceeds against one or some of the solidary debtors simultaneously, what happens according to Article 1216?

    <p>Proceeding against one does not prevent future proceedings against others until full collection.</p> Signup and view all the answers

    What is the key difference between a suspensive condition and a resolutory condition in an obligation?

    <p>A suspensive condition results in the acquisition of rights, while a resolutory condition results in the extinguishment of rights.</p> Signup and view all the answers

    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?

    <p>The creditor, regardless of whether the improvement was due to the debtor or not.</p> Signup and view all the answers

    In an obligation with a period, what happens if a debtor desires to renounce the benefit of the period?

    <p>The obligation becomes immediately due and demandable.</p> Signup and view all the answers

    What is the consequence if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?

    <p>The creditor has the right to rescind the obligation or demand its fulfilment with indemnity for damages.</p> Signup and view all the answers

    When does an obligation including a mixed condition (partly dependent on chance/will of third party) take effect?

    <p>Once all external conditions have been met, regardless of party involvement.</p> Signup and view all the answers

    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?

    <p>Mixed condition</p> Signup and view all the answers

    In a potestative-will of the creditor example, where does the conditional obligation depend?

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

    What happens if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?

    <p>The debtor must pay damages.</p> Signup and view all the answers

    In an obligation with a period or term, what is presumed for whose benefit when a period has been designated?

    <p>Creditor's benefit</p> Signup and view all the answers

    What type of event results in the extinction of rights arising out of an obligation?

    <p>Resolutory event</p> Signup and view all the answers

    In which situation can an obligor be held responsible for acts that could not be foreseen or were inevitable?

    <p>When the fortuitious event is caused by the obligor's negligence</p> Signup and view all the answers

    What happens to an obligation if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?

    <p>The obligation is extinguished</p> Signup and view all the answers

    Under what conditions can a conditional obligation be void according to Article 1182?

    <p>If the condition is potestative</p> Signup and view all the answers

    What is presumed to be for whose benefit when a period is designated in an obligation?

    <p>For the benefit of the debtor</p> Signup and view all the answers

    What happens when a solidary debtor pays off the entire debt on behalf of all debtors?

    <p>The other debtors must reimburse the paying debtor</p> Signup and view all the answers

    What is the legal consequence if a debtor becomes insolvent after an obligation has been contracted?

    <p>The debtor must pay damages to the creditor</p> Signup and view all the answers

    Under what condition can a creditor choose rescission even after choosing fulfillment of the obligation?

    <p>If the obligation becomes impossible to fulfill</p> Signup and view all the answers

    What is the legal outcome if a debtor in default causes loss due to a fortuitous event?

    <p>The debtor becomes liable even for loss due to a fortuitous event</p> Signup and view all the answers

    In what situation is an obligor NOT responsible for acts that could not have been foreseen?

    <p>When a fortuitous event occurs</p> Signup and view all the answers

    What happens when a debtor promises to deliver the same specific thing to two or more persons who do not have the same interest?

    <p>The debtor becomes liable even for a fortuitous event</p> Signup and view all the answers

    In what instances can an obligor be liable for damages according to Article 1170?

    <p>Those who in any manner contravene the tenor thereof</p> Signup and view all the answers

    When does a potestative condition in obligations exist?

    <p>When the obligation depends on the sole will of the debtor</p> Signup and view all the answers

    What is the key difference between a suspensive condition and a resolutory condition in an obligation?

    <p>Resolutory conditions extinguish obligations upon fulfillment; suspensive conditions do not</p> Signup and view all the answers

    Under what conditions is a pure obligation characterized by immediate demandability?

    <p>When it is not subject to conditions or terms for its effectivity or extinguishment</p> Signup and view all the answers

    If a conditional obligation depends solely on the debtor's will, what is its legal status?

    <p>The conditional obligation is void</p> Signup and view all the answers

    In an obligation with a resolutory period, when does the obligation terminate?

    <p>Upon arrival of the designated day</p> Signup and view all the answers

    What happens if a debtor fails to furnish guarantees or securities promised to the creditor?

    <p>The debtor loses the benefit of the period</p> Signup and view all the answers

    In what scenario can a debtor lose the benefit of the period without becoming insolvent?

    <p>Violation of undertakings agreed upon</p> Signup and view all the answers

    What is the consequence of a debtor absconding in an obligation with a designated period?

    <p>Debtor loses the benefit of the period</p> Signup and view all the answers

    What action can a debtor take to renounce the benefit of a period in an obligation?

    <p>Perform the obligation in advance</p> Signup and view all the answers

    What happens if the debtor loses or the object due becomes impossible due to a fortuitous event?

    <p>The obligation is extinguished.</p> Signup and view all the answers

    When can the joint debtor be compelled to pay for the share of another in a joint divisible obligation?

    <p>When there is solidarity expressly stated.</p> Signup and view all the answers

    In a joint indivisible obligation, how does insolvency of one debtor affect the liability of the others?

    <p>The others are not liable for the insolvent debtor's share.</p> Signup and view all the answers

    What happens when a person pays on behalf of the debtor without their knowledge or against their will?

    <p>The payment does not affect the debtor's liability.</p> Signup and view all the answers

    Under what circumstances can payment through promissory notes or bills of exchange be considered effective?

    <p>If accepted by all parties involved</p> Signup and view all the answers

    In case of a joint divisible obligation, what happens if one debtor cannot pay his share?

    <p>The debt is divided into equal shares and other debtors are not liable for the unpaid share.</p> Signup and view all the answers

    What happens if a solidary debtor becomes insolvent and cannot reimburse his share to the paying debtor?

    <p>The insolvent debtor's share is borne by all co-debtors in proportion to their debts.</p> Signup and view all the answers

    When one of the solidary debtors cannot reimburse his share due to insolvency, what action is taken by the remaining co-debtors?

    <p>They are each obligated to pay the remaining share of the insolvent debtor.</p> Signup and view all the answers

    In mutual guaranty among solidary debtors, what is the consequence of two or more solidary debtors offering to pay the creditor?

    <p>The creditor may choose which offer to accept.</p> Signup and view all the answers

    If a solidary debtor avails himself of defenses derived from the nature of the obligation, what is the limitation?

    <p>He can only use defenses pertaining to his own share in the obligation.</p> Signup and view all the answers

    Under what circumstances can a debtor lose the benefit of the period in an obligation?

    <p>Becoming insolvent after the obligation has been contracted</p> Signup and view all the answers

    In obligations with a resolutory period, what action by the debtor leads to the loss of said period?

    <p>Violating any undertaking agreed upon with the creditor</p> Signup and view all the answers

    When does an obligation with a resolutory period take effect?

    <p>Upon the arrival of a specific date</p> Signup and view all the answers

    In the context of obligations, what is the significance of a court fixing a period?

    <p>It influences the commencement and termination of obligations</p> Signup and view all the answers

    How does a debtor's attempt to abscond affect the benefit of a period in obligations?

    <p>It leads to loss of the benefit of the period</p> Signup and view all the answers

    What happens when a debtor attempts to abscond according to Article 1198?

    <p>The obligation terminates immediately without further recourse</p> Signup and view all the answers

    What should a creditor do before demanding payment if an obligation fails to fix a period or depends upon the will of the debtor?

    <p>Ask the court to set the period</p> Signup and view all the answers

    In an obligation where the debtor binds himself to pay when his means permit, what is required before payment can be demanded?

    <p>The creditor must ask the court to fix the period</p> Signup and view all the answers

    If a loan agreement fails to specify a payment date, what action must the creditor take according to the example provided?

    <p>Ask the court to set the payment period</p> Signup and view all the answers

    What becomes part of the contract when a court fixes a period for an obligation?

    <p>The period set by the court</p> Signup and view all the answers

    If a loan agreement does not mention when repayment is due, what is required before the creditor can demand payment?

    <p>Asking the court to set a repayment period</p> Signup and view all the answers

    What action must a creditor take in an obligation where payment depends on the debtor's will before enforcing payment?

    <p>Seek court intervention to fix a period</p> Signup and view all the answers

    Can the debtor perform the obligation before the end of a resolutory period?

    <p>No, the debtor is bound to the resolutory period strictly.</p> Signup and view all the answers

    If a court fixes a specific period for an obligation, who benefits from this designated period?

    <p>Both the creditor and debtor</p> Signup and view all the answers

    What happens if a debtor renounces the benefit of a definite period in an obligation?

    <p>The obligation becomes immediately due and demandable.</p> Signup and view all the answers

    In obligations with a resolutory period, may the debtor oppose premature demands from the creditor?

    <p>Yes, the debtor can oppose any premature demand by the creditor.</p> Signup and view all the answers

    How does a resolutory period affect the performance of obligations?

    <p>It suspends performance until a specified event occurs.</p> Signup and view all the answers

    In case of an indefinite period in an obligation, what is expected of both parties?

    <p>To perform within a reasonable time based on circumstances.</p> Signup and view all the answers

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