Obligations and Rights Quiz
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Questions and Answers

When does the creditor acquire a real right to the fruits of a thing?

  • When he has established a personal right.
  • Once the obligation to deliver arises.
  • After the thing has been delivered to him. (correct)
  • After he has made the payment for it.

What distinguishes a personal right from a real right?

  • A personal right applies to all persons, a real right does not.
  • A personal right is enforced against a specific person, a real right is enforced against the whole world. (correct)
  • A personal right pertains to the property, a real right pertains to the individual.
  • A personal right is unconditional, a real right requires fulfillment.

Which of the following is NOT a source of obligations?

  • Law
  • Acts of charity (correct)
  • Quasi-contracts
  • Contracts

What right does a creditor have before the delivery of the obligation?

<p>To ask for performance of the obligation. (D)</p> Signup and view all the answers

Which statement about obligations is TRUE regarding the responsibility of the obligor?

<p>The obligor is responsible for fortuitous events until delivery is completed. (B)</p> Signup and view all the answers

In which scenario does the creditor have the right to demand payment of damages?

<p>When the obligor delays payment. (A)</p> Signup and view all the answers

How do quasi-delicts differ from other sources of obligations?

<p>They result from tortious acts or failures. (A)</p> Signup and view all the answers

What is required for a creditor to ask that an obligation be fulfilled at the expense of the debtor?

<p>The establishment of a personal right. (A)</p> Signup and view all the answers

What does indivisibility refer to in the context of obligations?

<p>The inability to divide the subject matter. (C)</p> Signup and view all the answers

Which type of solidarity arises from an agreement between the parties?

<p>Conventional solidarity. (D)</p> Signup and view all the answers

What happens when one solidary debtor makes a payment?

<p>The obligation is extinguished. (C)</p> Signup and view all the answers

In the scenario where multiple solidary debtors are present, what can the creditor do if two or more debtors offer to pay?

<p>Choose which offer to accept. (B)</p> Signup and view all the answers

What may a debtor claim after making a payment on behalf of all solidary debtors?

<p>Only the share corresponding to each co-debtor. (C)</p> Signup and view all the answers

What is the nature of the ACCION SUBROGATORIA?

<p>It enables the creditor to take over the debtor's rights and actions. (C)</p> Signup and view all the answers

In the context of conditional obligations, what does the term 'condition' refer to?

<p>A future and uncertain event affecting rights acquisition. (D)</p> Signup and view all the answers

Which statement correctly describes the presumption related to the receipt of principal by a creditor?

<p>It gives rise to the presumption that interest has been paid without reservation. (A)</p> Signup and view all the answers

What does the ACCION PAULIANA allow the creditor to do?

<p>Impuning debtor's actions aimed at defrauding the creditor. (C)</p> Signup and view all the answers

What is a characteristic of a valid condition in obligations?

<p>It must be future and uncertain. (C)</p> Signup and view all the answers

What does the term 'transmissibility of rights' imply in obligations?

<p>Rights acquired through obligations are generally transmissible. (D)</p> Signup and view all the answers

Which of the following describes 'subsidiary remedies'?

<p>Remedies that can only be invoked in absence of any other legal recourse. (B)</p> Signup and view all the answers

Which of the following options is NOT a characteristic of a condition?

<p>It is based on a past event but known to the parties. (D)</p> Signup and view all the answers

What type of fault implies malice or dishonesty and cannot be attributed to mistakes made in good faith?

<p>Culpa contractual (D)</p> Signup and view all the answers

Which type of fraud involves a deliberate intention to cause damage or prejudice?

<p>Dolo (D)</p> Signup and view all the answers

Which type of culpa or fault results in a failure to observe required diligence causing damage to another?

<p>Culpa aquiliana (A)</p> Signup and view all the answers

What is the consequence of waiving an action for future fraud?

<p>It is void. (B)</p> Signup and view all the answers

What distinguishes fraud in obtaining consent from fraud in performing a contract?

<p>The method of deceit employed (D)</p> Signup and view all the answers

Which of the following types of fraud is characterized as causal fraud?

<p>Dolo causante (D)</p> Signup and view all the answers

In the context of obligations, which statement is true regarding fraud?

<p>Fraud must be clearly proved to enforce liability. (D)</p> Signup and view all the answers

Which type of negligence is associated with the lack of foresight or skill?

<p>Culpa aquiliana (C)</p> Signup and view all the answers

What must happen for a debtor's choice in an obligation to be considered valid?

<p>The choice must be communicated to the other party. (D)</p> Signup and view all the answers

What happens once the period for the obligation is fixed by the courts?

<p>It remains fixed and cannot be altered. (A)</p> Signup and view all the answers

In what case can the debtor's choice be communicated orally?

<p>When it is implied from the circumstances. (C)</p> Signup and view all the answers

What must happen for an alternative obligation to be converted to a simple obligation?

<p>Only one prestation must be practicable. (B)</p> Signup and view all the answers

What occurs if the debtor's choice becomes impossible due to the creditor's fault?

<p>The debtor may rescind the contract with damages. (C)</p> Signup and view all the answers

When can a debtor's previously made choice no longer be renounced?

<p>Once the choice has been communicated to the other party. (A)</p> Signup and view all the answers

What is necessary for the courts to fix a specific period in an obligation?

<p>The nature and circumstances must imply a period. (C)</p> Signup and view all the answers

What is the effect on an obligation if a substitute is lost before the substitution is made?

<p>The obligation cannot be fulfilled as intended. (B)</p> Signup and view all the answers

What happens to the effects of a conditional obligation once the condition is fulfilled?

<p>The effects retroact to the day of the constitution of the obligation. (D)</p> Signup and view all the answers

In a reciprocal obligation, what is deemed to have occurred during the pendency of the condition?

<p>The fruits and interests are mutually compensated. (A)</p> Signup and view all the answers

What characterizes a potestative condition that depends exclusively on the will of the debtor?

<p>The condition and obligation are both void. (B)</p> Signup and view all the answers

What does the creditor have during the pendency of a suspensive condition?

<p>A mere hope or expectancy that is legally protected. (C)</p> Signup and view all the answers

Which of the following statements about unilateral obligations is true regarding fruits and interests received?

<p>The debtor is allowed to keep the fruits unless specified otherwise. (B)</p> Signup and view all the answers

What is the best course of action if there is no specified period for compliance in a reciprocal obligation?

<p>The creditor should ask the court to fix a period for compliance. (A)</p> Signup and view all the answers

What is the legal status of a potestative condition that hinges solely on the creditor's will?

<p>The condition is valid and the obligation is enforceable. (B)</p> Signup and view all the answers

What is the outcome if the suspensive condition is not fulfilled?

<p>The obligation remains suspended indefinitely. (C)</p> Signup and view all the answers

Flashcards

Personal Right

A right to demand something from a specific person or group of people.

Real Right

A right enforceable against the whole world concerning a specific thing.

Creditor's fruits right

The creditor's right to the fruits of an object, from the moment the obligation to deliver arises.

Real right vs. Personal right timing

A personal right exists before delivery of an object; a real right arises after delivery.

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Creditor's remedies (damage)

Creditor can demand payment of damages when delivery is impossible.

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Delayed obligor's responsibility (fortuitous event)

If the obligor delays delivery to multiple parties, they are responsible for any unforeseen event until delivery is made.

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Generic Obligation

An obligation to deliver a particular thing (not a specific item), but a thing of the same kind.

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Generic Obligation Remedies

Creditor can demand specific performance, obligor's expense, and damages if obligation is breached.

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Culpa contractual

Fault or negligence in a contract, intentionally hindering a contracted obligation's completion.

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Culpa aquiliana/quasi-delict

Fault or negligence causing harm to another, failing to meet a required standard of care.

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Culpa criminal

Fault or negligence leading to a crime.

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Fraud (Dolo)

Deliberate intent to cause harm or prejudice in fulfilling an obligation.

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Negligence (Culpa)

Lack of care or diligence, leading to harm inadvertently.

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Waiver of future fraud

Agreement to waive any future fraudulent acts; is void.

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Dolo causante (causal fraud)

Fraud that affects the formation of a contract, rendering it voidable.

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Dolo incidente (incidental fraud)

Fraud that affects the terms of a contract, not its formation.

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Retroactive Effect

The effects of a fulfilled conditional obligation to give apply retroactively to the date the obligation was created.

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Reciprocal Obligations

When both parties in an agreement have obligations to each other, the fruits and interests earned during the condition's pendency are considered mutually compensated.

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Unilateral Obligation

When only one party has an obligation, the debtor keeps any fruits or interests earned unless the agreement specifies otherwise.

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Potestative Condition (Creditor)

A condition solely dependent on the creditor's will is valid. Both the condition and the obligation are enforceable.

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Potestative Condition (Debtor)

A condition entirely dependent on the debtor's will is void. The obligation itself is also void.

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Suspensive Condition Effect

The obligation's demandability and the acquisition of rights are suspended until the condition is fulfilled.

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Creditor's Hope

During the pendency of a suspensive condition, the creditor has only a hope or expectancy, which is legally protected.

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Fixing a Period

When an obligation requires an action within a specific period, but no timeframe is defined, a court can set a reasonable deadline.

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Subrogation

A legal process where a creditor steps into the debtor's shoes to collect what is owed, acquiring all their rights and actions related to the debt.

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Accion Subrogatoria

A creditor's right to pursue the debtor's assets and collect the debt, even if the debtor has transferred them to someone else.

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Accion Pauliana

A creditor's right to challenge fraudulent acts made by the debtor to avoid paying their debts.

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Conditional Obligation

A legal commitment where the fulfillment of a specific future event determines whether the obligation is activated or extinguished.

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Extinguishment of Interest & Prior Installments

When a creditor receives the principal payment without mentioning interest, it's presumed that the interest has already been paid.

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Transmissibility of Rights

Generally, rights acquired through an obligation can be transferred to another person.

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Conditions: Future and Uncertain

Conditions in an obligation must be a future event that is uncertain at the time the obligation is made.

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Condition vs. Term

A condition is a future and uncertain event, while a term is a specific and certain date or period.

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Alternative Obligation

An obligation where the debtor has the right to choose which prestation to perform from several options.

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Facultative Obligation

An obligation with a primary prestation, but the debtor can substitute it with another prestation.

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How is an Alternative Obligation converted to a Simple Obligation?

When the debtor communicates their choice of prestation to the creditor.

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Does the creditor need to consent to the debtor's choice?

No, the creditor's consent is not required.

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What happens if the chosen prestation becomes impossible?

The obligation becomes a simple obligation to deliver the remaining possible prestation.

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When does the debtor lose their right to choose?

When only one prestation is still practicable, the right to choose disappears.

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What if the creditor makes it impossible for the debtor to choose?

The debtor can sue to rescind the contract and seek damages.

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What happens when the debtor chooses to substitute in a Facultative Obligation?

The debtor must inform the creditor of the substitution.

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Solidarity

A legal concept where multiple debtors are jointly responsible for an entire debt, meaning the creditor can demand full payment from any one of them.

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Indivisibility

Refers to the nature of the debt itself, meaning the debt cannot be divided into smaller parts.

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Conventional Solidarity

Solidarity that arises from an agreement between the parties involved.

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Legal Solidarity

Solidarity imposed by law, even if the parties didn't explicitly agree to it.

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Mutual Agency Among Solidary Debtors

A solidary debtor who pays the entire debt can claim reimbursement from the other debtors for their share of the debt.

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Study Notes

Law and Business Law

  • Law is defined as an ordinance of reason, promulgated for the common good, by one who has authority over society, as defined by St. Thomas Aquinas.
  • Law is the mass of rules of conduct formulated by legitimate State power for common observance and benefit.
  • Key definition of law: "A rule of conduct, just and obligatory, promulgated by legitimate authority for the common observance and benefit" (Sanchez Roman).

Sources of Law

  • Constitution: The fundamental law governing a nation's relationship with its citizens. All laws must comply with constitutional provisions.
  • Administrative or executive orders, regulations, and rulings: Fundamental laws that must conform to the Constitution.
  • Judicial decisions or jurisprudence: Judicial interpretations of laws and the Constitution form part of the legal system.
  • Custom: Long-standing habits and practices recognized as binding rules of conduct.
  • Other sources: Principles of justice and equity, decisions of foreign tribunals, and expert opinions.

General or Public Law

  • Body of rules regulating the state's relationship with its citizens.
  • Includes: International Law, Constitutional Law, Administrative Law, Political Law, and Criminal Law.

Individual or Private Law

  • Governs private relationships between people.
  • Includes: Civil Law, Commercial Law, and Procedural Law.

Definition of Obligation (Art. 1156, NCC)

  • An obligation is a juridical necessity to give, to do or not to do.
  • Derived from the Latin word "obligatio," meaning tying or binding.
  • A legal relation enabling a creditor to demand a specific conduct (giving, doing, or refraining) from a debtor, and the satisfaction of assets if breached.

Elements of an Obligation

  • Active subject (obligee/creditor): The party entitled to demand fulfillment.
  • Passive subject (obligor/debtor): The party bound to fulfill.
  • Object/prestation: The conduct demanded from the debtor.
  • Efficient cause (juridical tie): The reason or origin of the obligation.

Different Kinds of Obligations

  • Real Obligations: Obligations to give (a specific thing).
  • Personal Obligations: Obligations to do or not to do (an action or forbearance).

Natural Obligations

  • Based on equity and natural law.
  • Do not grant a right of action to enforce performance but authorize retention of something voluntarily delivered.

Civil and Natural Obligations Distinguished

  • Civil obligations are based on positive law and enforceable by court action.
  • Natural obligations are based on equity and natural law but are not enforceable by court action.

Extra-contractual Obligations

  • Obligations arising outside of contractual agreements.
  • Examples include quasi-contract, quasi-delict.

Personal and Real Rights Distinguished

  • Personal rights: Enforceable against a specific person.
  • Real rights: Enforceable against the whole world.

Effect of Default (Mora)

  • Mora solvendi: Debtor's delay in performing an obligation, a fault by debtor to give or to do.
  • Mora accipiendi: Creditor's delay in accepting performance; fault or inaction by creditor.
  • Compensatio morae: Delay of both parties in reciprocal obligations.

Kinds of Fraud (Dolo)

  • Dolo causante: Fraud in securing consent leads to contract's voidability.
  • Dolo incidente: Fraud in performing a pre-existing contract leads to damages.

Kinds of Negligence (Culpa)

  • Culpa contractual: Negligence in performing a pre-existing contract.
  • Culpa aquiliana: Negligence causing damage to another.

Reciprocal Obligations

  • Created simultaneously.
  • Obligations between parties are interconnected.

Conditional Obligations

  • The obligation's effectiveness or extinguishment depends on a future, uncertain event.

Term Obligations

  • Effectiveness is tied to a specified time, date or event
  • Suspensive Term: Obligation becomes enforceable at a future date.
  • Resolutory Term: Obligation terminates at a future date.

Alternative Obligations

  • Several objects are due; fulfilling one satisfies the obligation.

Facultative Obligations

  • Only one object is due; fulfilling one alternative satisfies, but other alternatives are not required

Joint Obligations

  • Each debtor or creditor is only responsible for their respective portion of the prestation.

Solidary Obligations

  • One obligor is liable for the entire obligation as if they alone were the debtor or obligor.

Divisible Obligations

  • The prestation may be fulfilled in parts without changing the essence of the obligation.

Indivisible Obligations

  • The prestation cannot be fulfilled in parts, as the fulfillment of the whole is required.

Obligations with a Penal Clause

  • Accessory undertaking to ensure obligation fulfillment, stipulating indemnity/performance upon breach.

Modes of Extinguishment of Obligations

  • Payment/Performance: Fulfillment of the obligation's terms.
  • Condonation/Remission: Creditor's gratuitous abandonment of the obligation's enforcement.
  • Confusion/Merger: The creditor and debtor become one person.
  • Compensation: Mutual offsetting of debts between parties.
  • Novation: Replacing the old obligation with a new one.

Tender of Payment and Consignation

  • Tender: A formal offer to perform an obligation.
  • Consignation: Deposit or delivery of the thing in fulfillment of the obligation when creditor refuses to accept or cannot accept

Loss of a Determinate Thing

  • Obligation extinguished if lost/destroyed without debtor's fault before incurring delay

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Test your understanding of the concepts surrounding obligations and rights in law. This quiz encompasses questions about the distinctions between personal and real rights, sources of obligations, and creditors' rights. Enhance your knowledge of the responsibilities of obligors and the implications of quasi-delicts.

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