Obligations with a Period
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Questions and Answers

An obligation with a period is one whose consequences are independent of a certain time frame.

False (B)

A term or a period can refer to a past event that is unknown to the parties involved.

False (B)

A condition may refer to both future and past events, while a period only refers to future events.

True (A)

The arrival of a period has retroactive effects unless there is a contrary agreement.

<p>False (B)</p> Signup and view all the answers

If a period depends solely on the debtor's will, it allows the court to determine its duration.

<p>False (B)</p> Signup and view all the answers

A suspensive period means that the obligation begins only from a certain day upon the arrival of the period.

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

An impossible period, such as February 30, renders the obligation void.

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

When an obligation is affected by a condition, it has retroactive consequences similar to those of a period.

<p>False (B)</p> Signup and view all the answers

A resolutory period terminates an obligation upon the arrival of a certain day.

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

A judicial period is fixed by the parties involved in an obligation.

<p>False (B)</p> Signup and view all the answers

If a debtor pays before the arrival of the period, they can always recover what was paid.

<p>False (B)</p> Signup and view all the answers

An indefinite period is one that is clearly defined and known.

<p>False (B)</p> Signup and view all the answers

The creditor can demand fulfillment of an obligation before the period expires without consent from the debtor.

<p>False (B)</p> Signup and view all the answers

In a reciprocal contract, the period is presumed to have been established solely for the benefit of the creditor.

<p>False (B)</p> Signup and view all the answers

Anything paid before the arrival of the period can only be recovered along with the principal amount, not the fruits or interests.

<p>False (B)</p> Signup and view all the answers

A legal period is determined by the relevant laws governing the obligation.

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

The Civil Code defines a year as consisting of three hundred sixty-five days.

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

Under the Administrative Code, a month is defined as always having thirty days.

<p>False (B)</p> Signup and view all the answers

A calendar month runs from the beginning of a specific day to the corresponding day of the next month.

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

If the last day of a legal period is a holiday, the time period will continue running until the end of that holiday.

<p>False (B)</p> Signup and view all the answers

The Administrative Code of 1987 specifies that a year consists of twelve calendar months.

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

Under the Civil Code, if a date does not exist in the next month, it will extend to the last day of that month.

<p>False (B)</p> Signup and view all the answers

The court can fix a period when the obligation does not specify one but it can be inferred from the circumstances.

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

The Civil Code and the Administrative Code both define the length of a legal day as twenty-four hours.

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

Flashcards

Resolutory Period

The obligation is valid until a specific date, and it automatically terminates when that date arrives.

Legal Period

A period specified by law.

Conventional Period

A period agreed upon by the parties involved.

Judicial Period

A period set by a court.

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Definite Period

A period that is clearly defined, either by a fixed date or a time that can be calculated.

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Indefinite Period

A period that is not specified or cannot be determined with certainty.

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Premature Payment

If a debtor pays before the agreed-upon period, they can recover the payment, along with any interest or gains accrued.

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Period for Benefit

The period in an obligation may be established for the benefit of both the creditor and the debtor, meaning neither party can demand or fulfill the obligation before the period ends.

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Year (Civil Code)

A year is considered to be 365 days long, regardless of whether it is a regular year or a leap year.

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Year (Administrative Code)

A year is defined as 12 calendar months.

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Month

Months have 30 days, unless a specific calendar month is mentioned, then it will be computed according to the number of days in that month.

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Day

A day is 24 hours long.

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Night

The period runs from sunset to sunrise.

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Computing a Period

In calculating a period, the first day is excluded, and the last day is included.

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Sunday or Holiday Deadline

If the last day of a period falls on a Sunday or a legal holiday, the time will not expire until the end of the next day that is not a Sunday or a holiday.

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Court Fixing the Period

When the obligation doesn't specify a period, but it's clear from its nature or the circumstances that the parties intended a period, the court can decide on the appropriate period.

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What is an obligation with a period?

An obligation with a period is one whose consequences depend on the expiration of a specified period of time. The obligation either arises or is terminated when the period ends.

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What is a term (period)?

A period is a future and certain event that triggers an obligation or right. It can be a specific date (e.g., year 2025) or a future but uncertain event that must occur (e.g., someone's death).

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Distinguish a period from a condition (1)

A period is a specific event that will happen for sure, while a condition is an uncertain event. A period only refers to the future, but a condition can relate to the past, present, or future.

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Distinguish a period from a condition (2)

A period merely fixes the time for an obligation to take effect. A condition, on the other hand, causes an obligation to come into existence or to cease.

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Distinguish a period from a condition (3)

A period that depends on the debtor's will can be decided by a court, but a condition that depends on the sole will of the debtor is invalid.

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Distinguish a period from a condition (4)

A period does not have retroactive effect unless agreed upon, while a condition does have retroactive effect.

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What is a suspensive period?

A suspensive period is a period that delays the obligation. The obligation only starts when the period ends.

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What is a resolutory period?

A resolutory period is a period that ends an existing obligation. The obligation ceases when the period ends.

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Study Notes

Obligations with a Period

  • An obligation with a period is one where the consequences are dependent on the expiration of a specific period or term.
  • A period or term is a future, certain event that triggers an obligation (or right) to either arise or terminate. This event should be definitively calculable, though the precise timing might not be known (e.g., the death of a person).

Distinguishing Periods from Conditions

  • Fulfillment: A period is a definite event, while a condition is uncertain.
  • Time: A period relates only to the future, while a condition can refer to past events.
  • Influence on Obligation: A period merely sets the time for the obligation's effectiveness, while a condition causes the obligation to either arise or cease. Conditions have retroactive effects, while periods typically do not -- unless explicitly specified in the agreement.
  • Debtor's Will: If the period depends on the debtor, the court can set the duration, in contrast to a condition that, if dependent on the debtor, invalidates the obligation.

Types of Periods

  • Suspensive Period: The obligation begins on the arrival of the specified day/event.
  • Resolutory Period: The obligation is valid until the specified day/event arrives, triggering its termination.
  • Legal Period: Determined by law.
  • Conventional Period: Agreed upon by the parties involved.
  • Judicial Period: Set by the court.
  • Definite Period: Can be fixed or when it will occur accurately known.
  • Indefinite Period: Not fixed or occurrence time is uncertain.

Premature Payment

  • If a debtor pays before the designated period, they can typically recover what was paid plus accrued interest, unless otherwise stated by the parties involved.

Benefit of the Period

  • In most cases, the period benefits both the creditor and debtor. The debtor can't be forced to fulfill the obligations before the period expires, and neither can the creditor demand fulfillment beforehand.

Computing Periods

  • Years are 365 days each (leap years excluded in most cases).
  • Months are 30 days each, unless the name of the month is given, where the corresponding number of days is used.
  • Days are 24 hours..
  • Nights are defined as sunset to sunrise.

When a Court Sets a Period

  • Obligations without a stated timeframe, but with circumstances implying a period should've been intended, can be given a period via a court order. Agreements extending the original period need to be definite for the outcome to be valid.

When Obligation Can Be Demanded Early

  • A debtor loses the right to a period in specific situations, and obligations become due immediately.
    • Insolvency of the debtor
    • Failure to provide the agreed-upon securities
    • Damage or loss of the security given
    • Violation of a related undertaking
    • Attempts to abscond

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Related Documents

Assignment No. 4 PDF

Description

Explore the concepts of obligations that have a specific term or period. This quiz distinguishes between periods and conditions, highlighting their implications on obligations. Test your knowledge on the nuances of obligation timelines and their legal effects.

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