Legal Solidary Debtor Defenses Quiz

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Which of the following defenses is NOT derived from the nature of the obligation?

Personal defense based on the debtor's share (correct)

Lack of consideration or cause

Absolute simulation

Illegality of the consideration

What is the primary scope of Article 1222 in relation to solidary debtors and creditors?

Regulating creditor-initiated litigation involving solidary debtors (correct)

Outlining the procedures for debtors to file claims against creditors

Establishing the process for creditors to collect debts from solvent debtors

Delineating the rights and obligations of solidary debtors amongst themselves

What happens to an obligation that has been fully paid, remitted, or is barred by the statute of limitations?

The obligation is extinguished (correct)

The obligation is suspended

The obligation is transferred

The obligation is novated

What is a solidary debtor's right in an action filed by the creditor?

To raise all defenses derived from the nature of the obligation Signup and view all the answers

What is the effect of a contractual obligation being entirely fictitious or lacking genuine intention?

The contract is void Signup and view all the answers

What is the limitation of a solidary debtor's right to raise defenses in an action filed by the creditor?

They can only raise defenses personal to their own share Signup and view all the answers

What happens if a solidary debtor is sued for an obligation involving illegal activities or contracts voided due to vices of consent?

They are completely absolved from liability. Signup and view all the answers

What type of defense can a debtor use if their consent was obtained by intimidation?

Partial defense Signup and view all the answers

What is the effect of a debtor's death on the creditor's right to pursue the debt?

The creditor can still pursue the debt against the surety. Signup and view all the answers

What is an example of a divisible obligation?

An obligation that can be partially fulfilled. Signup and view all the answers

In the case of Braganza v. Villa Abrille, what was the court's ruling regarding the mother's liability?

The mother was liable for her share of the debt, despite her children's minority. Signup and view all the answers

What is a characteristic of defenses personal to co-debtors?

They are only available if they are similar and not conflicting. Signup and view all the answers

What type of defense is provided when a debtor proves that their consent was vitiated or they were incapable of giving consent?

Complete defense Signup and view all the answers

If a debtor's share is subject to a condition that has not been fulfilled, what type of defense can they use?

Partial defense Signup and view all the answers

What happens to a debtor's liability when they use a partial defense?

Their liability is limited to their own share of the obligation Signup and view all the answers

When does a defense personal to other debtors offer partial protection?

When the defense pertains to the share of other debtors involved Signup and view all the answers

What determines whether a defense is complete or partial?

The circumstances of the case Signup and view all the answers

When can a partial defense become a complete defense?

When the obligation specifies otherwise Signup and view all the answers