Podcast
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?
Which type of obligation involves two or more prestations so that the fulfillment of one prestation is sufficient to extinguish the entire obligation?
In the context of obligations, what type of obligation allows the debtor to choose which prestation to perform?
In the context of obligations, what type of obligation allows the debtor to choose which prestation to perform?
If a debtor has the choice to perform different prestations, but he must perform all of them eventually, what kind of obligation is this?
If a debtor has the choice to perform different prestations, but he must perform all of them eventually, what kind of obligation is this?
What type of obligation exists when there is only one prestation to be performed by the debtor?
What type of obligation exists when there is only one prestation to be performed by the debtor?
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When a single prestation can fulfill an entire obligation, what type of obligation is in place?
When a single prestation can fulfill an entire obligation, what type of obligation is in place?
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If a debtor must perform a certain act if a specified condition occurs, what type of obligation is described?
If a debtor must perform a certain act if a specified condition occurs, what type of obligation is described?
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What is the key difference between pure and conditional obligations?
What is the key difference between pure and conditional obligations?
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In the context of obligations with a period, what happens when the debtor binds himself to pay when his means permit him?
In the context of obligations with a period, what happens when the debtor binds himself to pay when his means permit him?
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How does negligence become fault in the context of obligations according to the text?
How does negligence become fault in the context of obligations according to the text?
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What defines joint obligations as different from solidary obligations?
What defines joint obligations as different from solidary obligations?
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When is an obligation considered to be demandable at once?
When is an obligation considered to be demandable at once?
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What standard of diligence is required in the absence of specific provisions in an obligation?
What standard of diligence is required in the absence of specific provisions in an obligation?
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What does Article 1165 state regarding the delivery of a determinate thing?
What does Article 1165 state regarding the delivery of a determinate thing?
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Which of the following does NOT give rise to obligations according to Article 1157?
Which of the following does NOT give rise to obligations according to Article 1157?
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In what scenario does a creditor have a right to the fruits of a thing, as per Article 1164?
In what scenario does a creditor have a right to the fruits of a thing, as per Article 1164?
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According to Article 1163, who is obliged to take care of something with the proper diligence of a good father of a family?
According to Article 1163, who is obliged to take care of something with the proper diligence of a good father of a family?
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What is an obligation according to Article 1156?
What is an obligation according to Article 1156?
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When can a creditor ask for compliance with an obligation at the expense of the debtor, as per Article 1165?
When can a creditor ask for compliance with an obligation at the expense of the debtor, as per Article 1165?
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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.
