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Questions and Answers
What is the debtor required to do regarding the condition of the thing to be delivered?
What is the debtor required to do regarding the condition of the thing to be delivered?
- Deliver it without any attention to its previous state
- Modify it as they see fit before delivery
- Ensure it is of lesser quality than agreed upon
- Maintain it in the same condition as when the obligation was contracted (correct)
Which of the following actions can a creditor take in a specific real obligation?
Which of the following actions can a creditor take in a specific real obligation?
- Cancel the contract without reason
- Demand specific performance with the right to indemnity for damages (correct)
- Ignoring the obligation until further notice
- Transfer the obligation to another party without consent
What type of fruits are defined as the spontaneous products of the soil?
What type of fruits are defined as the spontaneous products of the soil?
- Natural fruits (correct)
- Industrial fruits
- Artificial fruits
- Civil fruits
In what situation can a generic real obligation be performed by a third person?
In what situation can a generic real obligation be performed by a third person?
What occurs if the debtor delays the delivery of a promised specific obligation?
What occurs if the debtor delays the delivery of a promised specific obligation?
Which of the following best describes civil fruits?
Which of the following best describes civil fruits?
What liability does a debtor have if they commit fraud or negligence in fulfilling an obligation?
What liability does a debtor have if they commit fraud or negligence in fulfilling an obligation?
When does a creditor become the owner of a delivered item?
When does a creditor become the owner of a delivered item?
What is the primary function of an obligation?
What is the primary function of an obligation?
What is the appropriate remedy if a debtor fails to meet a personal obligation that requires specific performance?
What is the appropriate remedy if a debtor fails to meet a personal obligation that requires specific performance?
Which of the following is NOT an essential element of a cause of action?
Which of the following is NOT an essential element of a cause of action?
What happens if any essential element of a cause of action is absent in a complaint?
What happens if any essential element of a cause of action is absent in a complaint?
What must occur for a court to order that an action be undone?
What must occur for a court to order that an action be undone?
In the context of obligations, what does the term 'prestation' refer to?
In the context of obligations, what does the term 'prestation' refer to?
In the absence of demand for payment, what is the status of a mortgagor's non-payment of taxes?
In the absence of demand for payment, what is the status of a mortgagor's non-payment of taxes?
What is the consequence of filing a foreclosure suit by the creditor?
What is the consequence of filing a foreclosure suit by the creditor?
Which scenario illustrates a violation of a legal obligation?
Which scenario illustrates a violation of a legal obligation?
Which among the following statements is true regarding the intent of time in contracts?
Which among the following statements is true regarding the intent of time in contracts?
What characterizes a 'wrong' in the context of obligations and contracts?
What characterizes a 'wrong' in the context of obligations and contracts?
What is the requirement for a legal right to be maintained in a cause of action?
What is the requirement for a legal right to be maintained in a cause of action?
What happens when a mortgagor's failure to pay taxes occurs?
What happens when a mortgagor's failure to pay taxes occurs?
The term 'obligator' refers to which party in an obligation?
The term 'obligator' refers to which party in an obligation?
In what case can a mortgage contract be deemed non-breach despite the debtor's non-payment of taxes?
In what case can a mortgage contract be deemed non-breach despite the debtor's non-payment of taxes?
Which of the following accurately describes personal obligations related to mortgage contracts?
Which of the following accurately describes personal obligations related to mortgage contracts?
What constitutes negligence according to reasonable care standards?
What constitutes negligence according to reasonable care standards?
What is a fortuitous event classified as?
What is a fortuitous event classified as?
Which of the following is NOT a factor to be considered in determining negligence?
Which of the following is NOT a factor to be considered in determining negligence?
Which statement best describes 'force majeure'?
Which statement best describes 'force majeure'?
What is a requirement for something to be classified as a fortuitous event?
What is a requirement for something to be classified as a fortuitous event?
What are the kinds of fortuitous events based on their foreseeability?
What are the kinds of fortuitous events based on their foreseeability?
Which of the following accurately describes an extraordinary fortuitous event?
Which of the following accurately describes an extraordinary fortuitous event?
What directly results from the occurrence of a fortuitous event?
What directly results from the occurrence of a fortuitous event?
What happens to a conditional obligation that is void due to its validity relying on the debtor's will?
What happens to a conditional obligation that is void due to its validity relying on the debtor's will?
In a situation where specific payment time cannot be agreed upon by debtor and creditor, what does the court do?
In a situation where specific payment time cannot be agreed upon by debtor and creditor, what does the court do?
What does the acquisition of rights depend on in a suspensive condition?
What does the acquisition of rights depend on in a suspensive condition?
When a debtor states they will pay 'as soon as I have the money', what is the implication of this statement?
When a debtor states they will pay 'as soon as I have the money', what is the implication of this statement?
If the debtor has a pre-existing obligation that does not depend on a condition, what happens if the condition is void?
If the debtor has a pre-existing obligation that does not depend on a condition, what happens if the condition is void?
What is the significance of stating a debt can be paid 'at any time I have the money'?
What is the significance of stating a debt can be paid 'at any time I have the money'?
Which of the following statements about the debtor's promises is true?
Which of the following statements about the debtor's promises is true?
What is a characteristic of an obligation with a suspensive condition based on the will of the creditor?
What is a characteristic of an obligation with a suspensive condition based on the will of the creditor?
Study Notes
Meaning of Obligation
- Obligation is a juridical tie or bond that binds one party (debtor) to perform a prestation (giving a thing, doing an act, or refraining from doing an act) in favor of another party (creditor).
Existence of Cause of Action
- Requires three elements:
- A legal right in favor of a person.
- A correlative legal obligation on another to respect that right.
- An act or omission violating the right, causing injury to the plaintiff.
Duties of Debtor in Obligation to Deliver a Generic Thing
- Deliver a thing of the quality intended by the parties, considering the purpose and circumstances of the obligation.
- Be liable for damages in case of fraud, negligence, delay, or violation of the terms of the obligation.
Remedies of Creditor in Real Obligation
- In specific real obligations (determinate thing):
- Demand specific performance or fulfillment of the obligation with damages.
- Demand rescission or cancellation of the obligation with damages.
- In generic real obligations (determined by genus):
- Can be performed by a third party.
- Creditor can demand performance but does not need to compel the debtor to deliver.
Different Kinds of Fruits
- Natural fruits: Spontaneous products of the soil and products of animals.
- Industrial fruits: Produced through cultivation or labor.
- Civil fruits: Derived from juridical relation.
Non-Payment of Debt
- The constitutional prohibition of non-payment of debt only applies to purely civil debts arising from contractual obligations.
When Debtor Delays or Has Promised Delivery to Separate Creditors
- If a specific thing is promised to multiple creditors, the debtor must deliver the thing to the creditor to whom it was first delivered. The first delivery establishes ownership.
Fortuitous Event vs. Force Majeure
- Fortuitous event: An extraordinary event that cannot be foreseen, or if foreseen, is inevitable. It can be classified as acts of man or acts of God.
- Acts of man: War, fire, robbery, murder, insurrection, etc.
- Acts of God (force majeure): Earthquake, flood, rain, shipwreck, lightning, volcanic eruption, etc.
- Force majeure is another term for acts of God.
Kinds of Fortuitous Event
- Ordinary: Common and foreseeable by the parties.
- Extraordinary: Uncommon and unforeseeable by the parties.
Requisites of Fortuitous Event
- Independent of the obligor's will.
- Unforeseeable or unavoidable.
Impossibility of Performance Must Result From Occurrence of Fortuitous Event
- The impossibility of fulfilling the obligation must be the direct consequence of the fortuitous event.
Period for Performance of Obligation
- If the debtor's obligation is to pay "when his means permit him to do," the debtor only controls the duration of the period, not the obligation itself.
- The court will set a reasonable time for payment if both parties cannot agree.
Characteristics of a Condition
- Future and uncertain event.
- The effectivity or extinguishment of an obligation depends on its happening.
Conditional Obligation
- Suspensive condition: The obligation becomes effective upon the happening of the condition.
- Resolutory condition: The obligation ceases upon the happening of the condition.
Other Cases of Indeterminate Period
- "Little by little."
- "As soon as possible."
- "From time to time."
- "As soon as I have the money."
- "At any time I have the money."
- "In partial payments."
Where Suspensive Condition Depends upon the Will of the Debtor
- Conditional obligation void: The validity and compliance are left to the debtor's will, making it unenforceable.
- Only the condition void: If the obligation is pre-existing, only the condition is void, leaving the obligation unaffected.
Where Suspensive Condition Depends Upon the Will of the Creditor
- The obligation is valid.
- The creditor may choose to enforce the right or not.
Effect of Happening of Condition
- In a suspensive condition, the happening of the condition gives the creditor the right to demand performance.
- In a resolutory condition, the happening of the condition extinguishes the obligation.
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Description
This quiz covers the essential concepts of obligations in law, including the meaning of obligation, the existence of a cause of action, duties of debtors, and remedies available to creditors. Test your understanding of these legal principles and their applications.
