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What happens to the obligation if the Toyota Revo is lost through a fortuitous event before substitution?
What happens to the obligation if the Toyota Revo is lost through a fortuitous event before substitution?
What type of obligation is it where the debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation?
What type of obligation is it where the debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation?
If the Toyota Revo is lost through Denzel's fault after substitution, what is the debtor's liability?
If the Toyota Revo is lost through Denzel's fault after substitution, what is the debtor's liability?
What is an obligation wherein various things are due but the complete performance of all of them is necessary to extinguish the obligation?
What is an obligation wherein various things are due but the complete performance of all of them is necessary to extinguish the obligation?
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What type of obligation is it where each of the debtors is liable only for a proportionate part of the debt and each creditor is entitled only for a proportionate part of the credit?
What type of obligation is it where each of the debtors is liable only for a proportionate part of the debt and each creditor is entitled only for a proportionate part of the credit?
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What happens to the obligation if the Toyota Revo is lost through a fortuitous event after substitution?
What happens to the obligation if the Toyota Revo is lost through a fortuitous event after substitution?
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What type of novation occurs when the object of the obligation is changed?
What type of novation occurs when the object of the obligation is changed?
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What type of novation occurs when both the object and principal condition of the obligation are changed?
What type of novation occurs when both the object and principal condition of the obligation are changed?
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What is the effect of extending the period for payment from 4 years to 6 years?
What is the effect of extending the period for payment from 4 years to 6 years?
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What occurs when a third person assumes the payment of the obligation without the knowledge and consent of the debtor but with the consent of the creditor?
What occurs when a third person assumes the payment of the obligation without the knowledge and consent of the debtor but with the consent of the creditor?
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What type of novation occurs when the person of the debtor is changed?
What type of novation occurs when the person of the debtor is changed?
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What is an example of a modification of an obligation?
What is an example of a modification of an obligation?
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What type of obligation is it when only one prestation has been agreed upon, but the obligor may render another in substitution?
What type of obligation is it when only one prestation has been agreed upon, but the obligor may render another in substitution?
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What happens if the principal thing is lost due to a fortuitous event before substitution in a facultative obligation?
What happens if the principal thing is lost due to a fortuitous event before substitution in a facultative obligation?
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What is the consequence of the loss or deterioration of the thing intended as a substitute, through the negligence of the obligor?
What is the consequence of the loss or deterioration of the thing intended as a substitute, through the negligence of the obligor?
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What is the effect on the debtor's liability if the principal thing is lost after substitution?
What is the effect on the debtor's liability if the principal thing is lost after substitution?
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In a facultative obligation, who bears the risk of loss of the substitute thing?
In a facultative obligation, who bears the risk of loss of the substitute thing?
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What type of obligation is it when Denzel is obliged to give a Toyota Revo SR car, but he may give a Mitsubishi Adventure car as a substitute?
What type of obligation is it when Denzel is obliged to give a Toyota Revo SR car, but he may give a Mitsubishi Adventure car as a substitute?
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Study Notes
Fortuitous Event Before Substitution
- The obligation is extinguished if the Toyota Revo is lost through a fortuitous event before substitution. This is because the debtor is not yet obligated to deliver the substitute car.
Solidary Obligation
- A solidary obligation is where the debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation. In this type of obligation, the debtors are jointly and severally liable for the debt, meaning that the creditor can demand the whole amount from any of them.
Debtor's Liability After Substitution
- If the Toyota Revo is lost through Denzel's fault after substitution, the debtor is liable for damages. This is because the debtor is responsible for the loss of the substitute car due to his negligence.
Complex Obligation
- In a complex obligation, various things are due but the complete performance of all of them is necessary to extinguish the obligation. This means that the debtor must fulfill all the prestations to be free from the obligation. Examples include a contract for the sale of an automobile where the seller is obligated to deliver the car, provide the title, and register the car.
Joint Obligation
- A joint obligation occurs when each of the debtors is liable only for a proportionate part of the debt and each creditor is entitled only for a proportionate part of the credit. If there are two debtors and two creditors, each debtor is liable for 1/2 of the debt, and each creditor is entitled to 1/2 of the credit.
Fortuitous Event After Substitution
- If the Toyota Revo is lost through a fortuitous event after substitution, the obligation is extinguished. This is because the debtor has already fulfilled the obligation by delivering the substitute car, and the loss of the car after delivery is not the debtor's responsibility.
Real Novation
- Real novation happens when the object of the obligation is changed. For instance, if the original obligation was to deliver a Toyota Revo, and the new obligation is to deliver a Mitsubishi Adventure, this is a real novation.
Mixed Novation
- Mixed novation occurs when both the object and principal condition of the obligation are changed. For example, if the original obligation was to pay Php 100,000 in 4 years, and the new obligation is to deliver a Toyota Revo in 3 years, this is a mixed novation.
Effect of Extending the Period for Payment
- Extending the period for payment from 4 years to 6 years results in a modification of the obligation. The original obligation's term is changed, but its essential parts (object, cause, and parties) remain the same.
Third Person Assuming Payment
- When a third person assumes the payment of the obligation without the knowledge and consent of the debtor but with the consent of the creditor, this is called expromision. The original debtor is released from the obligation, and the third person becomes the new debtor.
Personal Novation
- Personal novation occurs when the person of the debtor is changed. For example, if Denzel is the original debtor, and he transfers the obligation to his friend, this is a personal novation.
Modification of Obligation
- An example of a modification of an obligation is an extension of the term of payment - changing the original term from 4 years to 6 years. The original obligation's essential parts remain unchanged, but a key aspect related to its performance (the duration) is modified.
Facultative Obligation
- A facultative obligation is when only one prestation has been agreed upon, but the obligor may render another in substitution.
Loss of Principal Thing in Facultative Obligation
- If the principal thing (the Toyota Revo) is lost due to a fortuitous event before substitution in a facultative obligation, the obligation is extinguished.
Consequences of Loss of Substitute Thing
- The loss or deterioration of the thing intended as a substitute (the Mitsubishi Adventure), through the negligence of the obligor, does not extinguish the main obligation. The debtor remains bound to deliver the principal thing.
Debtor's Liability After Substitution in a Facultative Obligation
- If the principal thing (the Toyota Revo) is lost after substitution, the debtor is not liable because the obligation is already fulfilled. The loss of the substituted thing is not the debtor's responsibility
Risk of Loss in a Facultative Obligation
- The risk of loss of the substitute thing in a facultative obligation lies with the debtor. The debtor is responsible for any loss or damage to the substitute thing, but not for the loss of the principal thing.
Specific Example of Facultative Obligation
- Denzel is obliged to give a Toyota Revo SR car, but he may give a Mitsubishi Adventure car as a substitute. This is a facultative obligation. Denzel has the option of providing either car to fulfill the obligation.
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Description
Test your understanding of obligations and substitution in contracts, including the effects of fortuitous events and fault on obligations. Learn about the rules that apply when a substituted item is lost or damaged.
