Legal Obligations and Solidary Debtors Quiz

Solidary Debtors

• If a solidary debtor is delayed due to a judicial or extrajudicial demand, the provisions of the preceding paragraph apply.
• A solidary debtor can use all defenses derived from the nature of the obligation and those personal to him or his own share.
• A solidary debtor can also use defenses that personally belong to other debtors, but only for the part of the debt they are responsible for.

Divisible and Indivisible Obligations

• The divisibility or indivisibility of an obligation does not alter the provisions of Chapter 2 of this Title.
• A joint indivisible obligation gives rise to indemnity for damages from the time one of the debtors does not comply with their undertaking.
• Debtors who were ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price or value of the service.

Pure and Conditional Obligations

• An obligation whose performance does not depend on a future or uncertain event is demandable at once.
• An obligation with a resolutory condition is also demandable, without prejudice to the effects of the happening of the event.
• If a debtor binds himself to pay when his means permit, the obligation is deemed to be one with a period, subject to the provisions of Article 1197.

Conditional Obligations

• In conditional obligations, the acquisition of rights and the extinguishment or loss of those already acquired depend on the happening of the event that constitutes the condition.
• If the fulfillment of the condition depends on the sole will of the debtor, the conditional obligation is void.
• If the condition depends on chance or the will of a third person, the obligation takes effect in conformity with the Code.

Impossible Conditions

• Impossible conditions, those contrary to good customs or public policy, and those prohibited by law annul the obligation which depends on them.
• If the obligation is divisible, the part not affected by the impossible or unlawful condition is valid.
• A condition not to do an impossible thing is considered as not having been agreed upon.

Divisible and Indivisible Obligations (continued)

• Obligations to give definite things and those not susceptible of partial performance are deemed to be indivisible.
• Obligations with a physical object or service that can be partially performed are divisible, unless law or the parties intend otherwise.
• Divisibility or indivisibility of obligations not to do is determined by the character of the prestation in each particular case.

Obligations with a Penal Clause

• In obligations with a penal clause, the penalty substitutes the indemnity for damages and interests in case of noncompliance, unless there is a stipulation to the contrary.
• Damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation.
• The penalty may be enforced only when it is demandable in accordance with the Code.
• The debtor cannot exempt himself from the performance of the obligation by paying the penalty, unless this right has been expressly reserved for him.