Podcast
Questions and Answers
Which of the following defenses is NOT derived from the nature of the obligation?
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?
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?
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?
What is a solidary debtor's right in an action filed by the creditor?
What is the effect of a contractual obligation being entirely fictitious or lacking genuine intention?
What is the effect of a contractual obligation being entirely fictitious or lacking genuine intention?
What is the limitation of a solidary debtor's right to raise defenses in an action filed by the creditor?
What is the limitation of a solidary debtor's right to raise defenses in an action filed by the creditor?
What happens if a solidary debtor is sued for an obligation involving illegal activities or contracts voided due to vices of consent?
What happens if a solidary debtor is sued for an obligation involving illegal activities or contracts voided due to vices of consent?
What type of defense can a debtor use if their consent was obtained by intimidation?
What type of defense can a debtor use if their consent was obtained by intimidation?
What is the effect of a debtor's death on the creditor's right to pursue the debt?
What is the effect of a debtor's death on the creditor's right to pursue the debt?
What is an example of a divisible obligation?
What is an example of a divisible obligation?
In the case of Braganza v. Villa Abrille, what was the court's ruling regarding the mother's liability?
In the case of Braganza v. Villa Abrille, what was the court's ruling regarding the mother's liability?
What is a characteristic of defenses personal to co-debtors?
What is a characteristic of defenses personal to co-debtors?
What type of defense is provided when a debtor proves that their consent was vitiated or they were incapable of giving consent?
What type of defense is provided when a debtor proves that their consent was vitiated or they were incapable of giving consent?
If a debtor's share is subject to a condition that has not been fulfilled, what type of defense can they use?
If a debtor's share is subject to a condition that has not been fulfilled, what type of defense can they use?
What happens to a debtor's liability when they use a partial defense?
What happens to a debtor's liability when they use a partial defense?
When does a defense personal to other debtors offer partial protection?
When does a defense personal to other debtors offer partial protection?
What determines whether a defense is complete or partial?
What determines whether a defense is complete or partial?
When can a partial defense become a complete defense?
When can a partial defense become a complete defense?
