Podcast
Questions and Answers
What happens to an obligation with a resolutory period upon the arrival of the specified day?
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?
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?
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?
What effect does fixing a period by the court have on an obligation?
If A entered into a loan agreement with B and no period was specified, what should A do to enforce payment?
If A entered into a loan agreement with B and no period was specified, what should A do to enforce payment?
What happens to B's right to use and possess A's farm after 2022 in the given example?
What happens to B's right to use and possess A's farm after 2022 in the given example?
Can a solidary debtor avail himself of defenses that are personally related to others?
Can a solidary debtor avail himself of defenses that are personally related to others?
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?
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?
What happens if a solidary debtor cannot reimburse his share due to insolvency?
What happens if a solidary debtor cannot reimburse his share due to insolvency?
What distinguishes divisible obligations from indivisible obligations?
What distinguishes divisible obligations from indivisible obligations?
In obligations with a penal clause, when is the obligor liable for damages despite having the penalty clause?
In obligations with a penal clause, when is the obligor liable for damages despite having the penalty clause?
What is the main purpose of a penal clause in obligations?
What is the main purpose of a penal clause in obligations?
Which mode of extinguishment involves lost of the thing due?
Which mode of extinguishment involves lost of the thing due?
What happens if a solidary debtor makes a payment before the debt is due?
What happens if a solidary debtor makes a payment before the debt is due?
In a facultative obligation, what happens if the object/prestations due are lost due to a fortuitous event?
In a facultative obligation, what happens if the object/prestations due are lost due to a fortuitous event?
What is the distinguishing factor between alternative and facultative obligations?
What is the distinguishing factor between alternative and facultative obligations?
What happens to a joint debtor's liability if one debtor becomes insolvent?
What happens to a joint debtor's liability if one debtor becomes insolvent?
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?
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?
What happens if there is concurrence of two or more creditors in one obligation?
What happens if there is concurrence of two or more creditors in one obligation?
Can a joint debtor be compelled to pay for another debtor's share in a joint obligation?
Can a joint debtor be compelled to pay for another debtor's share in a joint obligation?
What happens if a debtor breaches an obligation due to an act of one debtor in a joint obligation?
What happens if a debtor breaches an obligation due to an act of one debtor in a joint obligation?
When is solidarity presumed in an obligation involving multiple parties?
When is solidarity presumed in an obligation involving multiple parties?
In a joint (divisible) obligation, when can one debtor avail himself of a defense that is purely personal?
In a joint (divisible) obligation, when can one debtor avail himself of a defense that is purely personal?
What happens if there is more than one debtor in an obligation and one becomes insolvent?
What happens if there is more than one debtor in an obligation and one becomes insolvent?
In a joint indivisible obligation, what happens if one debtor fails to comply with the undertaking?
In a joint indivisible obligation, what happens if one debtor fails to comply with the undertaking?
What is the key distinction between joint divisible and joint indivisible obligations?
What is the key distinction between joint divisible and joint indivisible obligations?
What should happen if a joint debtor is insolvent in a joint indivisible obligation?
What should happen if a joint debtor is insolvent in a joint indivisible obligation?
What is the effect of mutual agency among solidary creditors in a solidary obligation?
What is the effect of mutual agency among solidary creditors in a solidary obligation?
When can novation, compensation, confusion, or remission of debt extinguish a solidary obligation?
When can novation, compensation, confusion, or remission of debt extinguish a solidary obligation?
In a mutual guaranty among solidary debtors, what are the effects?
In a mutual guaranty among solidary debtors, what are the effects?
In a case of solidary liability, what happens if a creditor demands payment from one of the debtors?
In a case of solidary liability, what happens if a creditor demands payment from one of the debtors?
When does indemnity for damages arise in a joint indivisible obligation?
When does indemnity for damages arise in a joint indivisible obligation?
How is a joint divisible obligation different from a joint indivisible obligation?
How is a joint divisible obligation different from a joint indivisible obligation?
What are the effects when a new debtor substitutes the old debtor without the knowledge or against the will of the original debtor?
What are the effects when a new debtor substitutes the old debtor without the knowledge or against the will of the original debtor?
In delegacion, what rights does the new debtor have if he pays the obligation?
In delegacion, what rights does the new debtor have if he pays the obligation?
When does the insolvency of a new debtor proposed and accepted by an original debtor revive the action against the original obligor?
When does the insolvency of a new debtor proposed and accepted by an original debtor revive the action against the original obligor?
In what scenario does a substitution of a new debtor not revive the action against the original obligor?
In what scenario does a substitution of a new debtor not revive the action against the original obligor?
What is required for a substitution of a new debtor to have legal effect in the context of delegacion?
What is required for a substitution of a new debtor to have legal effect in the context of delegacion?
What can a new debtor do if he is substituted without consent or against the will of the old debtor?
What can a new debtor do if he is substituted without consent or against the will of the old debtor?
Under what circumstances is a debtor released from the non-performance of an obligation?
Under what circumstances is a debtor released from the non-performance of an obligation?
What are the requisites of confusion or merger of rights?
What are the requisites of confusion or merger of rights?
When does compensation take place?
When does compensation take place?
What form of extinguishment is required for novation to take place?
What form of extinguishment is required for novation to take place?
What are the instances when novation takes place?
What are the instances when novation takes place?
For condonation or remission of debt, what is a requisite?
For condonation or remission of debt, what is a requisite?
What triggers the release of a debtor from non-performance if an obligation becomes beyond contemplation?
What triggers the release of a debtor from non-performance if an obligation becomes beyond contemplation?
What is the effect of payment made by a third person to extinguish the obligation?
What is the effect of payment made by a third person to extinguish the obligation?
Under what circumstances can a person compel the creditor to subrogate him in his rights?
Under what circumstances can a person compel the creditor to subrogate him in his rights?
What is necessary for the delivery of promissory notes or bills of exchange to produce the effect of payment?
What is necessary for the delivery of promissory notes or bills of exchange to produce the effect of payment?
In what circumstance does application of payment not require all debts to be due?
In what circumstance does application of payment not require all debts to be due?
What is the essential difference between tender of payment and consignation?
What is the essential difference between tender of payment and consignation?
What are instances where consignation produces the effect of payment without prior tender?
What are instances where consignation produces the effect of payment without prior tender?
Under what condition may a debtor withdraw consignation?
Under what condition may a debtor withdraw consignation?
Can payment be made through bills of exchange in the Philippines?
Can payment be made through bills of exchange in the Philippines?
When does dation in payment apply?
When does dation in payment apply?
What determines the application of payment when a debtor has multiple obligations?
What determines the application of payment when a debtor has multiple obligations?
