Obligations: Sources and Types
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Questions and Answers

What happens if it is unclear which party breached the contract first?

  • The contract remains valid, and the first breacher is solely liable.
  • The court will decide both parties are equally responsible for damages.
  • The party that breached first is liable for all damages.
  • The contract is deemed extinguished, and both parties bear their own damages. (correct)

    • What is the effect of a suspended condition being prevented by the debtor?

  • The debtor is exempt from any obligations under the contract.
  • The condition is considered unfulfilled indefinitely.
  • The obligation is retroactively validated from its creation. (correct)
  • The obligation must be fulfilled once the condition is reinstated.

    • How does a fixed period in a contract benefit both parties?

  • It gives the debtor more time to make payments and benefits the creditor with higher interest. (correct)
  • It ensures the debtor can only pay when they have surplus funds.
  • It permits both parties to alter payment terms without mutual consent.
  • It allows the creditor to demand payments without waiting for the period to expire.

    • What limitation exists regarding premature actions by the debtor?

    <p>The debtor cannot pay early without the creditor’s consent.</p> Signup and view all the answers

    What happens when the contract is rescinded?

    <p>Both parties are released from further obligations but may still owe some damages.</p> Signup and view all the answers

    What defines an obligation?

    <p>A legal responsibility to give, do, or not do something.</p> Signup and view all the answers

    Which of the following is NOT a source of obligations?

    <p>Moral responsibilities</p> Signup and view all the answers

    What must contracts be honored in?

    <p>Good faith</p> Signup and view all the answers

    What type of obligation arises when someone benefits unfairly from a situation?

    <p>Quasi-contracts</p> Signup and view all the answers

    What is required of someone obligated to give something?

    <p>They must take care of it like a 'good father of a family.'</p> Signup and view all the answers

    What distinguishes a generic thing from a specific thing?

    <p>A generic thing is part of a group or category.</p> Signup and view all the answers

    What might happen in addition to facing criminal punishment when one commits a crime?

    <p>They may have civil responsibility to pay for damages.</p> Signup and view all the answers

    Obligations must be clearly stated in the law unless:

    <p>General rules in the Civil Code apply.</p> Signup and view all the answers

    What must a debtor do when delivering a specific item?

    <p>Deliver the exact item specified</p> Signup and view all the answers

    What type of fruits are obtained from cultivation or human effort?

    <p>Industrial Fruits</p> Signup and view all the answers

    When does the obligation to deliver something begin in a contract?

    <p>When both parties agree on the terms</p> Signup and view all the answers

    Which type of right involves a specific person as part of the obligation?

    <p>Personal Right</p> Signup and view all the answers

    In the event of a debtor's failure to deliver a determined item, what can the creditor demand?

    <p>Delivery of damages incurred</p> Signup and view all the answers

    If a debtor's item is lost or destroyed, what is true for a generic obligation?

    <p>The debtor can replace it with another item of the same type</p> Signup and view all the answers

    What does 'Genus Nunquam Perit' imply?

    <p>A type of item still exists even if original is lost</p> Signup and view all the answers

    What happens if a debtor fails to deliver an indeterminate thing?

    <p>The creditor can seek compliance at debtor's expense</p> Signup and view all the answers

    Which category of fruits includes rent payments?

    <p>Civil Fruits</p> Signup and view all the answers

    What must a debtor do regarding care for valuable items?

    <p>Take extra care of those items</p> Signup and view all the answers

    What does a real right allow the owner to do?

    <p>Exercise rights over a certain thing against anyone</p> Signup and view all the answers

    What are accessions in relation to a specific item?

    <p>Improvements or additions to the item</p> Signup and view all the answers

    What is a consequence if the debtor does not fulfill their obligation?

    <p>The creditor can claim payment of damages</p> Signup and view all the answers

    Which event does not excuse a debtor from timely delivery?

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

    What is the consequence for an obligor who acts with fraud or malice?

    <p>They are fully liable for all damages.</p> Signup and view all the answers

    What defines the diligence of a good father in obligations?

    <p>Acting as a responsible and cautious individual.</p> Signup and view all the answers

    Which of the following is considered a fortuitous event?

    <p>A natural disaster that could not be foreseen.</p> Signup and view all the answers

    What remedy allows creditors to claim payments from a third party that owes money to the debtor?

    <p>Accion Subrogatoria.</p> Signup and view all the answers

    Which rights cannot be transferred according to the exceptions to transmissibility?

    <p>All of the above.</p> Signup and view all the answers

    What happens if a conditional obligation has a condition that becomes impossible?

    <p>The condition is void, but the obligation remains valid.</p> Signup and view all the answers

    What occurs if a stipulated event in a positive condition does not happen by the specified time?

    <p>The obligation ends.</p> Signup and view all the answers

    What defines a negative condition in obligations?

    <p>The obligation binds if the event does not happen.</p> Signup and view all the answers

    What must be true for the court to allow rescission of a contract?

    <p>The violation must be substantial.</p> Signup and view all the answers

    How can rescission of a contract occur without court involvement?

    <p>Through a written notice of rescission.</p> Signup and view all the answers

    What are the requirements for constructive fulfillment of a suspensive condition?

    <p>The condition must be suspensive and the obligor prevents fulfillment voluntarily.</p> Signup and view all the answers

    What effect does the fulfillment of a conditional obligation have retroactively?

    <p>It retroacts to the day the obligation was created.</p> Signup and view all the answers

    What does the debtor's full liability entail?

    <p>The debtor is liable for their obligations with all properties, present and future.</p> Signup and view all the answers

    What is the main principle regarding accessions and accessories in an obligation?

    <p>Accessories are considered part of the principal item.</p> Signup and view all the answers

    When does the right to fruits from an obligation arise under conditional circumstances?

    <p>When a specified condition is fulfilled.</p> Signup and view all the answers

    What happens if the debtor fails to perform their obligation?

    <p>The creditor has the right to perform the obligation themselves.</p> Signup and view all the answers

    In the context of an obligation, what does 'mora solvendi' refer to?

    <p>Delay caused by the debtor.</p> Signup and view all the answers

    Which of the following best describes the debtor's obligation in delayed performance?

    <p>The debtor may defend themselves against liability if the delay was excusable.</p> Signup and view all the answers

    What obligation does a person have if they are instructed not to perform a specific action?

    <p>They must undo the action at their expense if done.</p> Signup and view all the answers

    What can a creditor do when there is a delay caused by them, known as 'mora accipiendi'?

    <p>Be liable for damages and risks of loss.</p> Signup and view all the answers

    How is negligence defined in the context of obligations?

    <p>Failure to take the proper care required.</p> Signup and view all the answers

    What kind of damages can a person be liable for if they act negligently?

    <p>Damages that are natural and foreseeable consequences.</p> Signup and view all the answers

    What does Article 1168 state regarding an obligation not to perform?

    <p>The unauthorized act must be undone at the person's expense.</p> Signup and view all the answers

    What does the principle of 'time is of the essence' mean in contractual obligations?

    <p>The time of performance is crucial to the agreement.</p> Signup and view all the answers

    What is one of the remedies for poor performance by the debtor?

    <p>The task must be done at the debtor's cost.</p> Signup and view all the answers

    What is expected from an obligor's level of care?

    <p>Level of care depends on the nature and circumstances.</p> Signup and view all the answers

    What constitutes 'delay' according to the obligations described?

    <p>A state of being late regardless of demand.</p> Signup and view all the answers

    In a situation where both parties have obligations, when does delay begin for one party?

    <p>Once the other party fulfills their obligation.</p> Signup and view all the answers

    Study Notes

    Obligations: Sources and Types

    • Obligations are legal responsibilities to give, do, or not do something.
    • Obligations arise from law, contracts, quasi-contracts, acts/omissions punished by law, and quasi-delicts.
    • Obligations based on law need explicit mention; otherwise, Civil Code rules apply.
    • Contracts are binding agreements, requiring good faith.
    • Quasi-contracts involve situations where fairness dictates obligation, even without an agreement.
    • Civil obligations from crimes impose liability for damages alongside criminal punishment.
    • Quasi-delicts involve liability for harm caused by negligence or carelessness.

    Types of Things in Obligations

    • Generic/Indeterminate things are part of a group; they can be replaced.
    • Specific/Determinate things are unique and cannot be replaced without agreement.

    Debtor's Duties

    • Debtors must deliver/perform what was promised.
    • They must take care of the thing, with ordinary care or extra care for valuable items.
    • They are not responsible for unavoidable events (fortuitous events).
    • The thing should be in the same condition as when the agreement was made.

    When Obligations to Deliver Arise

    • Obligation arises when the contract is perfected (both parties agree).
    • Suspensive conditions make obligation conditional.
    • In sales contracts, obligation arises upon perfection, even with conditions or a timeframe, as long as they have paid the price.

    Types of Fruits

    • Natural fruits: Grow naturally (crops, resources).
    • Industrial fruits: Result from cultivation or labor.
    • Civil fruits: Revenue from legal agreements (rent, interest).

    Personal vs. Real Rights

    • Personal Rights: Rights of a creditor to demand debtor performance. Tied to specific people.
    • Real Rights: Rights to property, enforceable against anyone.

    Remedies for Non-Delivery of Specific Things

    • Demand for delivery and damages.
    • Rescission (contract cancellation) and damages.
    • Payment of damages.

    Delay (Mora)

    • Mora Solvendi (debtor's delay): Debtor's failure to perform on time, potentially liable for damages, even with fortuitous events.
    • Mora Accipiendi (creditor's delay): Creditor's refusal to accept; creditor bears the risk of loss.

    Negligence & Diligence

    • Negligence is failure to exercise reasonable care.
    • Diligence of a "good father of a family" is the standard if no other is specified.
    • The level of care depends on circumstance.

    Fortuitous Events

    • Fortuitous events (unavoidable events) generally excuse the debtor.

    Transmissibility of Rights

    • Rights can usually be transferred, unless prohibited by law or contract.

    Conditional Obligations

    • Suspensive conditions (events must happen first) create conditional obligations.
    • Impossible conditions make only the condition, not the entire obligation, void.
    • Obligations end if conditions are not met within the specified time, or if fulfillment is unlikely from the period set.

    Prevention of Condition Fulfillment

    • If an obligor prevents a condition from happening, the condition is considered as fulfilled.

    Retroactive Effects of Fulfilled Conditions

    • When a conditional obligation is fulfilled, its effects retroact to the moment the obligation was created in most cases.

    Rescission of Contracts (Art.1192)

    • Rescission cancels a contract due to breach.
    • Rescission is limited to substantial breaches, not minor violations.
    • It may involve judicial or extrajudicial methods. Judicial rescission requires court involvement.
    • There are limitations, for example when a third party is involved in good faith.

    Breach of Contract by Both Parties (Art.1192)

    • If both parties breach, the court reduces liability for the first infractor; or contract is extinguished, each bears damages.

    Benefit of Period (Art. 1196)

    • Generally, the period in contracts benefits both parties.
    • Premature payment/demand is not allowed unless permitted by agreement.
    • The debtor does not always have the right to pay early.

    Obligations to Do/Not To Do

    • Obligations to do (Art 1167): If performance is not met, the injured party can hire someone else (at debtor's expense) to complete the task or claim damages.
    • Obligations not to do (Art. 1168): If something is forbidden, the forbidden action must be stopped and damages paid or the action undone ( at debtor's expense).

    Obligations to Deliver a Specific Thing

    • If delivery is required but not made, creditors can:
      • Force delivery, or claim compensation for the breach.

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    Description

    Explore the intricacies of legal obligations in this quiz. Learn about the various sources of obligations, including law, contracts, and quasi-contracts. Additionally, understand the debtor's duties and the classification of obligations based on the nature of things involved.

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