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Questions and Answers
What is the main principle underlying the right of a creditor?
In the case of an obligation to do and not to do, which article's provisions must be followed regarding extinguishment?
What is Solutio Indebiti concerned with?
When conditions for the extinguishment of an obligation arise, what must both parties do?
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What happens if a debtor pays before the fulfillment of a condition?
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What does solidarity refer to in the context of obligations?
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Which statement accurately reflects the liability of debtors in solidary obligations?
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Under which circumstance can a creditor collect the entire amount from one debtor in a solidary obligation?
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What occurs when a creditor condones a portion of the debt?
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Which of the following accurately describes the theory of mutual agency in solidarity?
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What is necessary for the prescription of action to be interrupted under the law?
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If a creditor makes a demand for payment from a debtor in a solidary obligation, whom does it ultimately benefit?
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What happens if one debtor in a solidary obligation becomes insolvent?
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What happens to the creditor if the debtor causes deterioration through their fault?
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Which of the following statements best describes the retroactive effect of unilateral obligations?
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What does 'deterioration through the debtor's fault' imply for the creditor's rights?
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Which legal action can a creditor take to preserve their rights before the fulfillment of a condition?
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What outcome results from improvements made at the expense of the debtor?
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In a unilateral obligation with a suspensive condition, what can a debtor recover in case of mistake?
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Which situation requires the creditor to be compensated in case of impairment?
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What right does a usufructuary possess in relation to a thing during the fulfillment of a suspensive condition?
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Study Notes
Right of Creditor
- Creditors can take actions to protect their rights before the fulfillment of conditions, governed by Article 1190.
- When obligations are subject to resolutory conditions, both parties must return received items upon fulfillment of those conditions.
- Creditor's rights include recovering any payment made by mistake (solutio indebiti), preventing unjust enrichment.
Right of Debtor
- In cases where a debtor pays before a condition is fulfilled, it must be done by mistake for potential recovery.
- Deterioration or impairment caused by debtor’s fault allows creditors to seek rescission with damages, including the value of the obligation and incidental fees.
- Fulfillment can also lead to recovery of damages if obligations are impaired.
Unilateral Obligation
- Donations require delivery from the debtor and allow retention of benefits (fruits and interests) unless indicated otherwise.
- Compensations apply for improvements due to the debtor’s faults, with rights granted to usufructuaries related to enhancements incurred.
- Improvements during a suspensive condition foster a debtor's right to recover payments made mistakenly.
Indivisibility and Solidarity
- In indivisible obligations, only the guilty debtor is liable for damages in a breach.
- Solidarity entails that at least two debtors and creditors share liability; all debtors can be held accountable for a breach committed by any.
- A creditor can demand full payment from any debtor in a solidarity agreement, benefiting others in the event of a single debtor's default.
- Remission or condonation of obligations by one creditor must account for shares of other creditors, ensuring no party is prejudiced.
Prescription of Action
- Actions are interrupted under the law when filed before a court, protecting the creditor's right to claim despite the potential insolvency of one debtor.
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