Release from Non-performance of an Obligation to Do

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What happens to an obligation with a resolutory period upon the arrival of the specified day?

It extends indefinitely

It becomes renewable

It takes effect immediately

It terminates (correct)

In the context of obligations, when can a court fix a period?

When the debtor allows for it

Whenever the creditor requests for it

Only if the obligation explicitly states a period

If it is clear from the nature and circumstances that a period was intended (correct)

If an obligation fails to specify a period or depends on the debtor's will, what is the necessary action for the creditor?

Seek court intervention to set the period (correct)

File a lawsuit against the debtor

Extend the payment deadline voluntarily

Demand payment immediately

What effect does fixing a period by the court have on an obligation?

It delays the enforcement of payment Signup and view all the answers

If A entered into a loan agreement with B and no period was specified, what should A do to enforce payment?

Request the court to set a period for payment Signup and view all the answers

What happens to B's right to use and possess A's farm after 2022 in the given example?

B loses the right as it has extinguished Signup and view all the answers

Can a solidary debtor avail himself of defenses that are personally related to others?

Yes, but only for part of the debt for which the others are responsible. Signup and view all the answers

In the example provided, A, B, and C borrowed PHP12,000.00. X brought an action against A for payment. What defenses did A interpose?

That B was a minor at the time of the contract and X granted an extension to C. Signup and view all the answers

What happens if a solidary debtor cannot reimburse his share due to insolvency?

The other solidary debtors bear his share in proportion to their debts. Signup and view all the answers

What distinguishes divisible obligations from indivisible obligations?

Divisible obligations can be changed in essence by partial performance, unlike indivisible obligations. Signup and view all the answers

In obligations with a penal clause, when is the obligor liable for damages despite having the penalty clause?

If there is no stipulation to the contrary. Signup and view all the answers

What is the main purpose of a penal clause in obligations?

To substitute damages and interests in case of noncompliance. Signup and view all the answers

Which mode of extinguishment involves lost of the thing due?

By condonation or remission of the debt. Signup and view all the answers

What happens if a solidary debtor makes a payment before the debt is due?

no Interest for the intervening period must be demanded. Signup and view all the answers

In a facultative obligation, what happens if the object/prestations due are lost due to a fortuitous event?

The obligation is extinguished. Signup and view all the answers

What is the distinguishing factor between alternative and facultative obligations?

The right of choice given to the debtor. Signup and view all the answers

What happens to a joint debtor's liability if one debtor becomes insolvent?

The other debtors are not liable for the insolvent debtor's share. Signup and view all the answers

In a case where A is obligated to give B either 1 sack of rice or 1 sack of corn, how does fulfilling one item affect the obligation?

One item fulfills the entire obligation. Signup and view all the answers

What happens if there is concurrence of two or more creditors in one obligation?

Solidarity is presumed. Signup and view all the answers

Can a joint debtor be compelled to pay for another debtor's share in a joint obligation?

'Every man for himself' principle applies. Signup and view all the answers

What happens if a debtor breaches an obligation due to an act of one debtor in a joint obligation?

Only the debtor who breached is liable for damages. Signup and view all the answers

When is solidarity presumed in an obligation involving multiple parties?

When explicitly required by law Signup and view all the answers

In a joint (divisible) obligation, when can one debtor avail himself of a defense that is purely personal?

When it pertains only to his individual circumstances Signup and view all the answers

What happens if there is more than one debtor in an obligation and one becomes insolvent?

Other debtors are not liable for the insolvent debtor's share Signup and view all the answers

In a joint indivisible obligation, what happens if one debtor fails to comply with the undertaking?

The right of the creditors may be prejudiced only by their collective acts. Signup and view all the answers

What is the key distinction between joint divisible and joint indivisible obligations?

Joint divisible obligations allow creditors to demand payment from any one of the debtors. Signup and view all the answers

What should happen if a joint debtor is insolvent in a joint indivisible obligation?

The creditors can only proceed against all debtors collectively. Signup and view all the answers

What is the effect of mutual agency among solidary creditors in a solidary obligation?

Any demand made by one solidary creditor must be honored by the debtor. Signup and view all the answers

When can novation, compensation, confusion, or remission of debt extinguish a solidary obligation?

When made by any of the solidary creditors or with any of the solidary debtors Signup and view all the answers

In a mutual guaranty among solidary debtors, what are the effects?

Solidary debtors share indemnity equally if one fails to fulfill their obligation. Signup and view all the answers

In a case of solidary liability, what happens if a creditor demands payment from one of the debtors?

The debtor who receives the demand must pay all of the shares in the obligation. Signup and view all the answers

When does indemnity for damages arise in a joint indivisible obligation?

When any one of the debtors does not comply with his undertaking Signup and view all the answers

How is a joint divisible obligation different from a joint indivisible obligation?

In a joint divisible obligation, creditors can enforce payment from any one debtor. Signup and view all the answers

What are the effects when a new debtor substitutes the old debtor without the knowledge or against the will of the original debtor?

The original debtor can recover only to the extent of the payment's benefit to the new debtor. Signup and view all the answers

In delegacion, what rights does the new debtor have if he pays the obligation?

Compel the creditor to subrogate him in his rights. Signup and view all the answers

When does the insolvency of a new debtor proposed and accepted by an original debtor revive the action against the original obligor?

If it was existing and public knowledge before delegation. Signup and view all the answers

In what scenario does a substitution of a new debtor not revive the action against the original obligor?

When insolvency occurs after delegation. Signup and view all the answers

What is required for a substitution of a new debtor to have legal effect in the context of delegacion?

Consent of both old and new debtors. Signup and view all the answers

What can a new debtor do if he is substituted without consent or against the will of the old debtor?

Demand reimbursement from the original debtor for any payments made. Signup and view all the answers

Under what circumstances is a debtor released from the non-performance of an obligation?

When the service becomes manifestly beyond the contemplation of the parties Signup and view all the answers

What are the requisites of confusion or merger of rights?

Complete and definite meeting of all qualities of creditor and debtor is mandatory Signup and view all the answers

When does compensation take place?

When two persons are creditors and debtors of each other Signup and view all the answers

What form of extinguishment is required for novation to take place?

Express form where extinguishment must be declared unequivocally Signup and view all the answers

What are the instances when novation takes place?

Substituting the person of the debtor Signup and view all the answers

For condonation or remission of debt, what is a requisite?

The remission must comply with formal donation requirements if express Signup and view all the answers

What triggers the release of a debtor from non-performance if an obligation becomes beyond contemplation?

'The court authorizing release based on difficulty beyond contemplation Signup and view all the answers

What is the effect of payment made by a third person to extinguish the obligation?

The debtor cannot demand what has been paid by a third person. Signup and view all the answers

Under what circumstances can a person compel the creditor to subrogate him in his rights?

When payment is made by a surety. Signup and view all the answers

What is necessary for the delivery of promissory notes or bills of exchange to produce the effect of payment?

They must be cashed or impaired through fault of the creditor. Signup and view all the answers

In what circumstance does application of payment not require all debts to be due?

If there is a stipulation to the contrary. Signup and view all the answers

What is the essential difference between tender of payment and consignation?

Tender of payment is extrajudicial while consignation is preparatory. Signup and view all the answers

What are instances where consignation produces the effect of payment without prior tender?

When creditor refuses to give a receipt unjustly. Signup and view all the answers

Under what condition may a debtor withdraw consignation?

Before the consignation has been accepted by the creditor. Signup and view all the answers

Can payment be made through bills of exchange in the Philippines?

No, they must be in legal tender except under specific conditions. Signup and view all the answers

When does dation in payment apply?

When property is alienated to the creditor in satisfaction of a debt in money. Signup and view all the answers

What determines the application of payment when a debtor has multiple obligations?

All debts must be due unless specified otherwise. Signup and view all the answers