Legal Principles in Debt Collection

Play an AI-generated podcast conversation about this lesson

Who is responsible for paying the debt according to the text?

The debtor (correct)

Any third party

Debtor's heirs and assigns

The creditor

Who must be the person to whom payment is made?

Creditor's family members

The creditor (correct)

Debtor

A random third party

What happens if a good faith attempt to perform does not precisely meet the terms of an agreement?

The agreement becomes null and void

The performance is considered complete if substantial compliance is achieved (correct)

The creditor can choose to cancel the agreement

The debtor is automatically relieved of the obligation

Who can make payment according to the text?

Debtor's agents and representatives Signup and view all the answers

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 Signup and view all the answers

Which of the following is NOT considered an exception to fulfilling an obligation according to the text?

Material deviation from the agreement Signup and view all the answers

What is the essence of a generic obligation?

The obligation is not extinguished Signup and view all the answers

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 Signup and view all the answers

How is usury defined?

Contracting for more than the law allows for a loan Signup and view all the answers

In what circumstances can specific performance be required?

When there is an obligation to deliver a generic thing Signup and view all the answers

What is Accion pauliana used for?

To impugn or assail acts done by the debtor in fraud of his creditor Signup and view all the answers

What must be exhausted before resorting to Accion subrogatoria according to the text?

Properties of the debtor not exempt from attachment under the law Signup and view all the answers

What is the nature of DOLO CAUSANTE (CASUAL FRAUD)?

The essential cause of consent in the contract Signup and view all the answers

What are the requirements for MORA ACCIPIENDI?

Refusal of the creditor without any reason Signup and view all the answers

What are the effects of mora accipiendi?

Expenses for preservation of thing after delay are chargeable to debtor Signup and view all the answers

What is DOLO INCIDENTE (INCIDENTAL FRAUD) related to?

Fraud in the giving of consent to a contract Signup and view all the answers

What does fraud mentioned in Art. 1171 refer to?

Incidental fraud or fraud in the performance of the obligation Signup and view all the answers

What is the effect of DOLO INCIDENTE (INCIDENTAL FRAUD) on the contract?

It does not affect the validity of the contract Signup and view all the answers

What is the general rule regarding extrajudicial demand by the creditor?

The debtor must comply with the demand. Signup and view all the answers

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. Signup and view all the answers

What are the effects of Mora Solvendi according to the text?

Debtor may face risks of loss even due to fortuitous events. Signup and view all the answers

When does Mora Solvendi not apply according to the text?

When performance is optional or voluntary on the debtor’s part. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

Under what circumstances can a creditor demand rescission of an obligation?

When there is no fault or negligence on the debtor's part. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What happens if an obligation was physically impossible for the obligor before the constitution of the obligation?

There is no effect on the obligation. Signup and view all the answers

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. Signup and view all the answers