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Questions and Answers
Under what circumstance is a debtor NOT considered in delay ( mora solvendi ) according to the general rule?
Under what circumstance is a debtor NOT considered in delay ( mora solvendi ) according to the general rule?
- When the creditor has demanded performance, but the payment date has not yet arrived.
- When the creditor has not demanded performance, regardless of whether the payment date has passed. (correct)
- When the debtor fails to perform on time, even without a demand from the creditor.
- When the debtor offers to perform, but the creditor refuses to accept the performance.
If a debtor is obligated to deliver a specific, irreplaceable antique clock and it is destroyed by a fire, the debtor's obligation is automatically extinguished due to fortuitous event, regardless of any fault on the debtor's part.
If a debtor is obligated to deliver a specific, irreplaceable antique clock and it is destroyed by a fire, the debtor's obligation is automatically extinguished due to fortuitous event, regardless of any fault on the debtor's part.
True (A)
In a situation of compensatio morae, where both the debtor and creditor are in default, what is the legal consequence regarding performance?
In a situation of compensatio morae, where both the debtor and creditor are in default, what is the legal consequence regarding performance?
neither party can demand performance
An interest rate is considered usurious when it exceeds the ______ limit.
An interest rate is considered usurious when it exceeds the ______ limit.
Match the type of mora with its corresponding description:
Match the type of mora with its corresponding description:
Which of the following best describes a 'determinate' property in the context of obligations?
Which of the following best describes a 'determinate' property in the context of obligations?
According to the rule 'Genus nunquam perit,' the loss of a generic item due to unforeseen circumstances excuses the debtor from their obligation.
According to the rule 'Genus nunquam perit,' the loss of a generic item due to unforeseen circumstances excuses the debtor from their obligation.
In an obligation 'not to do,' what is the primary course of action a creditor can take if the debtor violates the duty?
In an obligation 'not to do,' what is the primary course of action a creditor can take if the debtor violates the duty?
Delivering pepper mixed with soil instead of pure pepper is an example of __ performance.
Delivering pepper mixed with soil instead of pure pepper is an example of __ performance.
Which type of fraud involves intentional deception during the performance of an existing contract?
Which type of fraud involves intentional deception during the performance of an existing contract?
Match the following types of negligence (culpa) with their corresponding descriptions:
Match the following types of negligence (culpa) with their corresponding descriptions:
What is the constitutional protection relevant to an 'obligation to do'?
What is the constitutional protection relevant to an 'obligation to do'?
In cases of total non-performance, the creditor cannot claim damages for losses incurred.
In cases of total non-performance, the creditor cannot claim damages for losses incurred.
Flashcards
No Demand, No Delay Rule
No Demand, No Delay Rule
A general rule stating that if a creditor does not demand performance, the debtor cannot be held liable for any delay.
Mora Solvendi
Mora Solvendi
The situation where the debtor fails to perform their obligation on time, after a demand for performance is made.
Mora Accipiendi
Mora Accipiendi
When the creditor refuses to accept the debtor's performance, making the creditor liable for damages.
Compensatio Morae
Compensatio Morae
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Usurious Transactions
Usurious Transactions
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Determinate Property
Determinate Property
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Generic Property
Generic Property
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Fruits in Obligation
Fruits in Obligation
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Obligation to Do
Obligation to Do
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Obligation Not to Do
Obligation Not to Do
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Irregular Performance
Irregular Performance
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Fraud (Dolo)
Fraud (Dolo)
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Culpa Contractual
Culpa Contractual
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Study Notes
Obligations and Contracts: Nature and Effects of Obligations
-
Obligation to Give:
- Types of Property:
- Determinate (Specific): Clearly defined, cannot be replaced (e.g., "this ballpen").
- Generic (Indeterminate): Part of a class, can be replaced (e.g., "a car").
- Rule: "Genus nunquam perit" (A generic thing never perishes).
- Delivery Includes: Fruits (natural, industrial, civil), accessories, and accessions.
- Remedies for Non-Performance: The creditor can demand delivery, or hire someone else at the debtor's expense.
- Types of Property:
-
Obligation to Do:
- Definition: Requires a person to perform an action (e.g., painting a house).
- Protection: Protects individuals from involuntary servitude.
- Remedies for Non-Performance: The creditor can demand performance, hire someone else, or demand damages.
-
Obligation Not to Do:
- Definition: A duty to refrain from an act (e.g., agreement not to build a tall building).
- Remedies for Violation: The creditor can demand undoing the act, demand damages, or the court can order someone else to undo it.
Breach of Obligation & Legal Consequences: Performance of Obligation
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Irregular Performance: Obligation completed but not in accordance with the agreement.
- Example: Delivering 1 kg of pepper mixed with soil instead of pure pepper.
-
Incomplete Performance: Obligation only partially completed.
- Example: Delivering only 500g of pepper instead of 1kg.
-
Total Non-Performance: No action or performance at all.
Fraud (Dolo) – Intentional Deception
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Causal Fraud: Used to trick someone into agreement.
- Remedy: Annul contract, claim damages.
-
Incidental Fraud: Fraud during performance.
- Remedy: Demand correct performance, damages.
Negligence (Culpa) – Failure to Exercise Proper Care
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Culpa Contractual: Negligence in a contract.
- Remedy: Liable for damages.
-
Culpa Criminal: Negligence causing a crime.
- Remedy: Fine, imprisonment, damages.
-
Culpa Aquiliana: Harm caused without a contract.
- Remedy: Liable for damages.
Delay (Mora) – "No Demand, No Delay" Rule
- General Rule: "No demand, no delay"
- Exceptions: Specific scenarios when delay arises automatically (e.g., time is essential).
Types of Default & Remedies
-
Mora Solvendi: Debtor fails to perform on time after demand.
- Remedy: Demand performance, damages, interest.
-
Mora Accipiendi: Creditor refuses to accept performance.
- Remedy: Creditor liable for damages.
-
Compensatio Morae: Both debtor and creditor fail to perform.
- Remedy: No one can demand anything.
Fortuitous Events (Caso Fortuito)
- Definition: Uncontrollable events (e.g., disasters, war, fire)
- Rule: If a specific thing is lost, obligation is extinguished. A generic thing must still be delivered.
Usurious Transactions (Excessive Interest)
- Interest Stipulation: Must be written to be valid
- Excessive Interest: The court can declare interest void if deemed unreasonable.
- Interest Adjustment: The court can lower interest rates to reasonable figures. The debtor is not responsible for the excess interest.
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Description
Explores the core principles of obligations and contracts, focusing on the nature and effects of different types of obligations, including obligations to give, to do, and not to do. It covers key concepts and remedies for non-performance.
