30 Questions
Who is responsible for paying the debt according to the text?
The debtor
Who must be the person to whom payment is made?
The creditor
What happens if a good faith attempt to perform does not precisely meet the terms of an agreement?
The performance is considered complete if substantial compliance is achieved
Who can make payment according to the text?
Debtor's agents and representatives
What condition must be met regarding the thing paid according to the text?
It must be specifically what is due, not another item even of higher quality
Which of the following is NOT considered an exception to fulfilling an obligation according to the text?
Material deviation from the agreement
What is the essence of a generic obligation?
The obligation is not extinguished
What is the key requirement for an event to be considered force majeure?
It makes it absolutely impossible for the debtor to fulfill the obligation normally
How is usury defined?
Contracting for more than the law allows for a loan
In what circumstances can specific performance be required?
When there is an obligation to deliver a generic thing
What is Accion pauliana used for?
To impugn or assail acts done by the debtor in fraud of his creditor
What must be exhausted before resorting to Accion subrogatoria according to the text?
Properties of the debtor not exempt from attachment under the law
What is the nature of DOLO CAUSANTE (CASUAL FRAUD)?
The essential cause of consent in the contract
What are the requirements for MORA ACCIPIENDI?
Refusal of the creditor without any reason
What are the effects of mora accipiendi?
Expenses for preservation of thing after delay are chargeable to debtor
What is DOLO INCIDENTE (INCIDENTAL FRAUD) related to?
Fraud in the giving of consent to a contract
What does fraud mentioned in Art. 1171 refer to?
Incidental fraud or fraud in the performance of the obligation
What is the effect of DOLO INCIDENTE (INCIDENTAL FRAUD) on the contract?
It does not affect the validity of the contract
What is the general rule regarding extrajudicial demand by the creditor?
The debtor must comply with the demand.
In what situation can the debtor relieve themselves of obligation by consigning the thing?
When demand would be useless due to the obligor's inability to perform.
What are the effects of Mora Solvendi according to the text?
Debtor may face risks of loss even due to fortuitous events.
When does Mora Solvendi not apply according to the text?
When performance is optional or voluntary on the debtor’s part.
What are debtors who are guilty of fraud, negligence, or delay liable for according to the text?
They may be liable for damages or interest.
In what situation may a debtor not have to pay interest from the time of delay according to the text?
If demand would be useless due to obligor's inability to perform.
What is the effect of partial loss due to the fault or negligence of the debtor?
Creditor has the right to demand rescission of the obligation or specific performance, plus damages.
Under what circumstances can a creditor demand rescission of an obligation?
When there is no fault or negligence on the debtor's part.
What are the requisites for a creditor's right to demand rescission of an obligation?
The event must be foreseeable at the time of contract execution.
When does a creditor have all the rights of action which the debtor may have against third persons?
When the obligation is extinguished by the loss of the thing due to a fortuitous event.
What happens if an obligation was physically impossible for the obligor before the constitution of the obligation?
There is no effect on the obligation.
In case of partial loss due to fortuitous events, what rights does a creditor have?
Creditor has all rights against third persons that the debtor may have due to loss of thing.
Explore judicial and extrajudicial demands by creditors, failure of debtors to comply, involuntary inability to perform due to fortuitous events, and issues related to delay or debtor's default without prior demand.
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