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Obligations: Nature and Effect, Extinguishment, Third Party Payment
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Obligations: Nature and Effect, Extinguishment, Third Party Payment

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Questions and Answers

Which type of obligation involves two or more prestations so that the fulfillment of one prestation is sufficient to extinguish the entire obligation?

  • Joint Obligation (correct)
  • Alternative Obligation
  • Conditional Obligation
  • Pure Obligation
  • In the context of obligations, what type of obligation allows the debtor to choose which prestation to perform?

  • Joint Obligation
  • Pure Obligation
  • Conditional Obligation
  • Alternative Obligation (correct)
  • If a debtor has the choice to perform different prestations, but he must perform all of them eventually, what kind of obligation is this?

  • Solidary Obligation
  • Pure Obligation
  • Divisible Obligation (correct)
  • Conditional Obligation
  • What type of obligation exists when there is only one prestation to be performed by the debtor?

    <p>Indivisible Obligation</p> Signup and view all the answers

    When a single prestation can fulfill an entire obligation, what type of obligation is in place?

    <p>Alternative Obligation</p> Signup and view all the answers

    If a debtor must perform a certain act if a specified condition occurs, what type of obligation is described?

    <p>Conditional Obligation</p> Signup and view all the answers

    What is the key difference between pure and conditional obligations?

    <p>Pure obligations are demandable at once, while conditional obligations depend on unknown past events.</p> Signup and view all the answers

    In the context of obligations with a period, what happens when the debtor binds himself to pay when his means permit him?

    <p>The obligation is deemed to be one with a resolutory condition.</p> Signup and view all the answers

    How does negligence become fault in the context of obligations according to the text?

    <p>Fault arises when negligence shows bad faith.</p> Signup and view all the answers

    What defines joint obligations as different from solidary obligations?

    <p>Joint obligations are divisible, while solidary obligations are indivisible.</p> Signup and view all the answers

    When is an obligation considered to be demandable at once?

    <p>When it does not depend on unknown past events.</p> Signup and view all the answers

    What standard of diligence is required in the absence of specific provisions in an obligation?

    <p>Diligence of a good father of a family</p> Signup and view all the answers

    What does Article 1165 state regarding the delivery of a determinate thing?

    <p>The creditor may compel the debtor to make the delivery.</p> Signup and view all the answers

    Which of the following does NOT give rise to obligations according to Article 1157?

    <p>Natural calamities</p> Signup and view all the answers

    In what scenario does a creditor have a right to the fruits of a thing, as per Article 1164?

    <p>At the same time the obligation to deliver arises</p> Signup and view all the answers

    According to Article 1163, who is obliged to take care of something with the proper diligence of a good father of a family?

    <p>The debtor</p> Signup and view all the answers

    What is an obligation according to Article 1156?

    <p>A juridical necessity to give, to do, or not to do</p> Signup and view all the answers

    When can a creditor ask for compliance with an obligation at the expense of the debtor, as per Article 1165?

    <p>If the thing is indeterminate or generic</p> Signup and view all the answers

    Study Notes

    Nature and Effect of Obligations

    • An obligation is a juridical necessity to give, do, or not to do.
    • Obligations arise from: Law, Contracts, Quasi-contracts, Acts or omissions punished by law, and Quasi-delicts.

    Different Kinds of Obligations

    • Pure and Conditional Obligations: demandable at once, without prejudice to the effects of the happening of the event.
    • Obligations with a Period: deemed to be one with a period, subject to the provisions of article 1197.
    • Alternative Obligations
    • Joint and Solidary Obligations
    • Divisible and Indivisible Obligations
    • Obligations with a Penal Clause

    Extinguishment of Obligations

    • Obligations are extinguished by:
      • Payment or performance
      • Loss of the thing due
      • Condonation or remission of the debt
      • Confusion or merger of the rights of creditor and debtor
      • Compensation
      • Novation

    Responsibility and Negligence

    • Responsibility arising from negligence in the performance of every kind of obligation is demandable.
    • Negligence consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, time, and place.
    • If negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply.

    Duties of the Debtor and Creditor

    • The debtor is obliged to take care of the thing with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.
    • The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.

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    Description

    This quiz covers the general provisions, nature, and effect of obligations, as well as the different kinds of obligations such as extinguishment. It also explores the scenario where a third party pays for another's debt and the implications for the creditor and debtor.

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