Podcast
Questions and Answers
What is a fortuitous event?
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?
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?
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?
In what situation can an obligation not be extinguished by a fortuitous event?
What must happen to an obligor for them to be held responsible for an obligation despite a fortuitous event?
What must happen to an obligor for them to be held responsible for an obligation despite a fortuitous event?
In a potestative-will of the debtor situation, the obligation depends on:
In a potestative-will of the debtor situation, the obligation depends on:
What is the outcome in a suspensive condition?
What is the outcome in a suspensive condition?
If a specific thing deteriorates without the debtor's fault before a suspensive condition, who bears the impairment?
If a specific thing deteriorates without the debtor's fault before a suspensive condition, who bears the impairment?
What happens if a thing deteriorates through the fault of the debtor before a suspensive condition?
What happens if a thing deteriorates through the fault of the debtor before a suspensive condition?
What is presumed to be for whose benefit when a period is designated in an obligation?
What is presumed to be for whose benefit when a period is designated in an obligation?
What happens to Shaira's obligation to deliver the car if it is completely damaged after a demand by Brando?
What happens to Shaira's obligation to deliver the car if it is completely damaged after a demand by Brando?
When can a debtor be liable for damages even if the loss is due to a fortuitous event?
When can a debtor be liable for damages even if the loss is due to a fortuitous event?
In what situation does a fortuitous event not extinguish the obligation of the debtor?
In what situation does a fortuitous event not extinguish the obligation of the debtor?
What must be true for an event to be considered a fortuitous event?
What must be true for an event to be considered a fortuitous event?
What remedy is available to the creditor in an obligation to deliver a specific thing?
What remedy is available to the creditor in an obligation to deliver a specific thing?
According to Art. 1196, when a period is designated in an obligation, it is presumed to be for the benefit of:
According to Art. 1196, when a period is designated in an obligation, it is presumed to be for the benefit of:
What can the debtor do if he desires to renounce the benefit of the period in an obligation?
What can the debtor do if he desires to renounce the benefit of the period in an obligation?
When can a debtor lose the right to make use of a designated period in an obligation?
When can a debtor lose the right to make use of a designated period in an obligation?
In an obligation with a resolutory period, when does the obligation terminate?
In an obligation with a resolutory period, when does the obligation terminate?
In case both parties have committed a breach of the obligation, what is the consequence according to Article 1192?
In case both parties have committed a breach of the obligation, what is the consequence according to Article 1192?
What is a pure obligation?
What is a pure obligation?
When can a court fix a period for an obligation?
When can a court fix a period for an obligation?
Under what conditions is a conditional obligation void according to Article 1182?
Under what conditions is a conditional obligation void according to Article 1182?
What are the instances when the obligor is liable for damages according to Article 1170?
What are the instances when the obligor is liable for damages according to Article 1170?
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?
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?
If a debtor is allowed to choose between two objects to fulfill an obligation, who does the right of choice typically pertain to?
If a debtor is allowed to choose between two objects to fulfill an obligation, who does the right of choice typically pertain to?
In case of loss due to a fortuitous event of all objects/prestations due, what happens to the obligation?
In case of loss due to a fortuitous event of all objects/prestations due, what happens to the obligation?
What happens in case of culpable loss before the right of choice is exercised by the debtor?
What happens in case of culpable loss before the right of choice is exercised by the debtor?
In joint divisible obligations, can a joint debtor be compelled to pay for the share of another joint debtor?
In joint divisible obligations, can a joint debtor be compelled to pay for the share of another joint debtor?
In a joint indivisible obligation, what happens if one debtor becomes insolvent?
In a joint indivisible obligation, what happens if one debtor becomes insolvent?
Which type of obligations have as their object a prestation that is not susceptible of partial performance?
Which type of obligations have as their object a prestation that is not susceptible of partial performance?
When does the penalty in obligations with a penal clause not substitute the indemnity for damages and payment of interests?
When does the penalty in obligations with a penal clause not substitute the indemnity for damages and payment of interests?
What happens when a person pays on behalf of the debtor without the debtor's knowledge or against their will?
What happens when a person pays on behalf of the debtor without the debtor's knowledge or against their will?
In what situation can payment through promissory notes or bills of exchange be considered effective?
In what situation can payment through promissory notes or bills of exchange be considered effective?
Which mode of extinguishment of obligations involves the death of one of the contracting parties in purely personal obligations?
Which mode of extinguishment of obligations involves the death of one of the contracting parties in purely personal obligations?
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?
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?
What happens when a solidary debtor pays off the entire debt on behalf of all debtors?
What happens when a solidary debtor pays off the entire debt on behalf of all debtors?
In a solidary obligation, if one debtor becomes insolvent and cannot repay their share, what happens?
In a solidary obligation, if one debtor becomes insolvent and cannot repay their share, what happens?
When can a creditor choose to proceed against any one or all of the solidary debtors simultaneously?
When can a creditor choose to proceed against any one or all of the solidary debtors simultaneously?
In a situation where A, B, and C borrowed money jointly and severally, what does this mean for their obligation?
In a situation where A, B, and C borrowed money jointly and severally, what does this mean for their obligation?
What is the legal term used to describe an event that cannot be foreseen, and even if foreseen, is inevitable?
What is the legal term used to describe an event that cannot be foreseen, and even if foreseen, is inevitable?
In what situation can an obligor be held responsible for acts that could not be foreseen or were inevitable?
In what situation can an obligor be held responsible for acts that could not be foreseen or were inevitable?
What is the legal outcome when a solidary debtor pays off the entire debt on behalf of all debtors?
What is the legal outcome when a solidary debtor pays off the entire debt on behalf of all debtors?
Under what conditions can a conditional obligation be void according to Article 1182?
Under what conditions can a conditional obligation be void according to Article 1182?
What happens to Shaira's obligation to deliver the car if it is completely damaged after a demand by Brando?
What happens to Shaira's obligation to deliver the car if it is completely damaged after a demand by Brando?
In what situation can a conditional obligation be considered void according to Article 1182?
In what situation can a conditional obligation be considered void according to Article 1182?
Under what conditions is a pure obligation characterized by immediate demandability?
Under what conditions is a pure obligation characterized by immediate demandability?
When does a potestative condition in obligations exist?
When does a potestative condition in obligations exist?
What happens when payment through promissory notes or bills of exchange is considered effective in an obligation?
What happens when payment through promissory notes or bills of exchange is considered effective in an obligation?
In case both parties have committed a breach of the obligation, what is the consequence according to Article 1192?
In case both parties have committed a breach of the obligation, what is the consequence according to Article 1192?
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?
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?
In obligations with a resolutory period, when does the obligation take effect and when does it terminate?
In obligations with a resolutory period, when does the obligation take effect and when does it terminate?
When does a court have the authority to fix a period for an obligation?
When does a court have the authority to fix a period for an obligation?
In facultative obligations, what right is given to the debtor regarding performance of the obligation?
In facultative obligations, what right is given to the debtor regarding performance of the obligation?
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?
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?
What happens if the car was completely damaged after a demand was made by Brando?
What happens if the car was completely damaged after a demand was made by Brando?
Under what conditions can a debtor be held liable for loss due to a fortuitous event?
Under what conditions can a debtor be held liable for loss due to a fortuitous event?
When does a debtor have an obligation to deliver a specific thing to multiple persons with different interests?
When does a debtor have an obligation to deliver a specific thing to multiple persons with different interests?
What is the effect of a debtor promising to deliver the same specific thing to two different individuals separately?
What is the effect of a debtor promising to deliver the same specific thing to two different individuals separately?
In what circumstances would a court reduce the amount of damages incurred by a debtor?
In what circumstances would a court reduce the amount of damages incurred by a debtor?
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?
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?
In divisible obligations, what defines them compared to indivisible obligations?
In divisible obligations, what defines them compared to indivisible obligations?
When is a penalty in obligations with a penal clause NOT considered a substitute for damages?
When is a penalty in obligations with a penal clause NOT considered a substitute for damages?
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?
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?
What governs dation in payment where property is transferred in satisfaction of a money debt?
What governs dation in payment where property is transferred in satisfaction of a money debt?
In a joint indivisible obligation, how can the debt be enforced if one debtor becomes insolvent?
In a joint indivisible obligation, how can the debt be enforced if one debtor becomes insolvent?
When is solidarity required in an obligation according to Article 1207 of the Civil Code?
When is solidarity required in an obligation according to Article 1207 of the Civil Code?
If there is a breach of an obligation due to one debtor's actions, who must bear the damages?
If there is a breach of an obligation due to one debtor's actions, who must bear the damages?
When is a debtor in a joint divisible obligation not liable for another joint debtor's share?
When is a debtor in a joint divisible obligation not liable for another joint debtor's share?
What happens when one of multiple creditors or debtors in an obligation becomes insolvent?
What happens when one of multiple creditors or debtors in an obligation becomes insolvent?
In a joint divisible obligation, if one debtor fails to comply with his undertaking, what is the liability of the other joint debtors?
In a joint divisible obligation, if one debtor fails to comply with his undertaking, what is the liability of the other joint debtors?
What effect does novation, compensation, confusion, or remission of debt have among solidary creditors?
What effect does novation, compensation, confusion, or remission of debt have among solidary creditors?
If a solidary debtor becomes insolvent and cannot reimburse his share to the paying debtor, who bears this insolvent debtor's share?
If a solidary debtor becomes insolvent and cannot reimburse his share to the paying debtor, who bears this insolvent debtor's share?
What rights does a solidary debtor have in actions filed by the creditor against them?
What rights does a solidary debtor have in actions filed by the creditor against them?
When a creditor proceeds against one or some of the solidary debtors simultaneously, what happens according to Article 1216?
When a creditor proceeds against one or some of the solidary debtors simultaneously, what happens according to Article 1216?
What is the key difference between a suspensive condition and a resolutory condition in an obligation?
What is the key difference between a suspensive condition and a resolutory condition in an obligation?
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?
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?
In an obligation with a period, what happens if a debtor desires to renounce the benefit of the period?
In an obligation with a period, what happens if a debtor desires to renounce the benefit of the period?
What is the consequence if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?
What is the consequence if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?
When does an obligation including a mixed condition (partly dependent on chance/will of third party) take effect?
When does an obligation including a mixed condition (partly dependent on chance/will of third party) take effect?
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?
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?
In a potestative-will of the creditor example, where does the conditional obligation depend?
In a potestative-will of the creditor example, where does the conditional obligation depend?
What happens if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?
What happens if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?
In an obligation with a period or term, what is presumed for whose benefit when a period has been designated?
In an obligation with a period or term, what is presumed for whose benefit when a period has been designated?
What type of event results in the extinction of rights arising out of an obligation?
What type of event results in the extinction of rights arising out of an obligation?
In which situation can an obligor be held responsible for acts that could not be foreseen or were inevitable?
In which situation can an obligor be held responsible for acts that could not be foreseen or were inevitable?
What happens to an obligation if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?
What happens to an obligation if a specific thing deteriorates through the fault of the debtor before a suspensive condition is fulfilled?
Under what conditions can a conditional obligation be void according to Article 1182?
Under what conditions can a conditional obligation be void according to Article 1182?
What is presumed to be for whose benefit when a period is designated in an obligation?
What is presumed to be for whose benefit when a period is designated in an obligation?
What happens when a solidary debtor pays off the entire debt on behalf of all debtors?
What happens when a solidary debtor pays off the entire debt on behalf of all debtors?
What is the legal consequence if a debtor becomes insolvent after an obligation has been contracted?
What is the legal consequence if a debtor becomes insolvent after an obligation has been contracted?
Under what condition can a creditor choose rescission even after choosing fulfillment of the obligation?
Under what condition can a creditor choose rescission even after choosing fulfillment of the obligation?
What is the legal outcome if a debtor in default causes loss due to a fortuitous event?
What is the legal outcome if a debtor in default causes loss due to a fortuitous event?
In what situation is an obligor NOT responsible for acts that could not have been foreseen?
In what situation is an obligor NOT responsible for acts that could not have been foreseen?
What happens when a debtor promises to deliver the same specific thing to two or more persons who do not have the same interest?
What happens when a debtor promises to deliver the same specific thing to two or more persons who do not have the same interest?
In what instances can an obligor be liable for damages according to Article 1170?
In what instances can an obligor be liable for damages according to Article 1170?
When does a potestative condition in obligations exist?
When does a potestative condition in obligations exist?
What is the key difference between a suspensive condition and a resolutory condition in an obligation?
What is the key difference between a suspensive condition and a resolutory condition in an obligation?
Under what conditions is a pure obligation characterized by immediate demandability?
Under what conditions is a pure obligation characterized by immediate demandability?
If a conditional obligation depends solely on the debtor's will, what is its legal status?
If a conditional obligation depends solely on the debtor's will, what is its legal status?
In an obligation with a resolutory period, when does the obligation terminate?
In an obligation with a resolutory period, when does the obligation terminate?
What happens if a debtor fails to furnish guarantees or securities promised to the creditor?
What happens if a debtor fails to furnish guarantees or securities promised to the creditor?
In what scenario can a debtor lose the benefit of the period without becoming insolvent?
In what scenario can a debtor lose the benefit of the period without becoming insolvent?
What is the consequence of a debtor absconding in an obligation with a designated period?
What is the consequence of a debtor absconding in an obligation with a designated period?
What action can a debtor take to renounce the benefit of a period in an obligation?
What action can a debtor take to renounce the benefit of a period in an obligation?
What happens if the debtor loses or the object due becomes impossible due to a fortuitous event?
What happens if the debtor loses or the object due becomes impossible due to a fortuitous event?
When can the joint debtor be compelled to pay for the share of another in a joint divisible obligation?
When can the joint debtor be compelled to pay for the share of another in a joint divisible obligation?
In a joint indivisible obligation, how does insolvency of one debtor affect the liability of the others?
In a joint indivisible obligation, how does insolvency of one debtor affect the liability of the others?
What happens when a person pays on behalf of the debtor without their knowledge or against their will?
What happens when a person pays on behalf of the debtor without their knowledge or against their will?
Under what circumstances can payment through promissory notes or bills of exchange be considered effective?
Under what circumstances can payment through promissory notes or bills of exchange be considered effective?
In case of a joint divisible obligation, what happens if one debtor cannot pay his share?
In case of a joint divisible obligation, what happens if one debtor cannot pay his share?
What happens if a solidary debtor becomes insolvent and cannot reimburse his share to the paying debtor?
What happens if a solidary debtor becomes insolvent and cannot reimburse his share to the paying debtor?
When one of the solidary debtors cannot reimburse his share due to insolvency, what action is taken by the remaining co-debtors?
When one of the solidary debtors cannot reimburse his share due to insolvency, what action is taken by the remaining co-debtors?
In mutual guaranty among solidary debtors, what is the consequence of two or more solidary debtors offering to pay the creditor?
In mutual guaranty among solidary debtors, what is the consequence of two or more solidary debtors offering to pay the creditor?
If a solidary debtor avails himself of defenses derived from the nature of the obligation, what is the limitation?
If a solidary debtor avails himself of defenses derived from the nature of the obligation, what is the limitation?
Under what circumstances can a debtor lose the benefit of the period in an obligation?
Under what circumstances can a debtor lose the benefit of the period in an obligation?
In obligations with a resolutory period, what action by the debtor leads to the loss of said period?
In obligations with a resolutory period, what action by the debtor leads to the loss of said period?
When does an obligation with a resolutory period take effect?
When does an obligation with a resolutory period take effect?
In the context of obligations, what is the significance of a court fixing a period?
In the context of obligations, what is the significance of a court fixing a period?
How does a debtor's attempt to abscond affect the benefit of a period in obligations?
How does a debtor's attempt to abscond affect the benefit of a period in obligations?
What happens when a debtor attempts to abscond according to Article 1198?
What happens when a debtor attempts to abscond according to Article 1198?
What should a creditor do before demanding payment if an obligation fails to fix a period or depends upon the will of the debtor?
What should a creditor do before demanding payment if an obligation fails to fix a period or depends upon the will of the debtor?
In an obligation where the debtor binds himself to pay when his means permit, what is required before payment can be demanded?
In an obligation where the debtor binds himself to pay when his means permit, what is required before payment can be demanded?
If a loan agreement fails to specify a payment date, what action must the creditor take according to the example provided?
If a loan agreement fails to specify a payment date, what action must the creditor take according to the example provided?
What becomes part of the contract when a court fixes a period for an obligation?
What becomes part of the contract when a court fixes a period for an obligation?
If a loan agreement does not mention when repayment is due, what is required before the creditor can demand payment?
If a loan agreement does not mention when repayment is due, what is required before the creditor can demand payment?
What action must a creditor take in an obligation where payment depends on the debtor's will before enforcing payment?
What action must a creditor take in an obligation where payment depends on the debtor's will before enforcing payment?
Can the debtor perform the obligation before the end of a resolutory period?
Can the debtor perform the obligation before the end of a resolutory period?
If a court fixes a specific period for an obligation, who benefits from this designated period?
If a court fixes a specific period for an obligation, who benefits from this designated period?
What happens if a debtor renounces the benefit of a definite period in an obligation?
What happens if a debtor renounces the benefit of a definite period in an obligation?
In obligations with a resolutory period, may the debtor oppose premature demands from the creditor?
In obligations with a resolutory period, may the debtor oppose premature demands from the creditor?
How does a resolutory period affect the performance of obligations?
How does a resolutory period affect the performance of obligations?
In case of an indefinite period in an obligation, what is expected of both parties?
In case of an indefinite period in an obligation, what is expected of both parties?
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