Solidary Debtors' Defenses

Play an AI-generated podcast conversation about this lesson

What is the primary consideration in determining whether an obligation is divisible or indivisible?

The physical divisibility of the object or service

The amount of the debt owed

The purpose of the obligation or intention of the parties (correct)

The number of debtors involved

What type of defense can a solidary debtor use to nullify the obligation?

Defenses personal to the debtor sued

Defenses derived from the nature of the obligation (correct)

Defenses personal to other solidary debtors

Defenses personal to the creditor

What happens if a solidary debtor is subject to a suspensive condition that has not yet happened?

The obligation becomes invalid

The obligation is considered fulfilled

The debtor has a partial defense (correct)

The creditor can sue for full payment

What is the effect of a solidary debtor using a defense personal to another solidary debtor?

The debtor can only avoid liability for that part of the debt of which the co-debtor is liable Signup and view all the answers

What is the consequence of a creditor filing a lawsuit against a solidary debtor?

The solidary debtor can use defenses derived from the nature of the obligation Signup and view all the answers

What is the characteristic of an indivisible obligation?

The object cannot be partially fulfilled Signup and view all the answers

What type of obligations are intended by the parties to be indivisible even if a thing or service is physically divisible?

Solidary obligations Signup and view all the answers

Which of the following obligations are deemed divisible?

Obligations which have for their object the execution of a certain number of days of work Signup and view all the answers

What is the purpose of a penal clause in an obligation?

To insure performance by creating an effective deterrent against breach Signup and view all the answers

What type of obligation is an obligation with a penal clause?

Accessory obligation Signup and view all the answers

What determines the divisibility or indivisibility of negative personal obligations?

The character of the prestation in each particular case Signup and view all the answers

What is the general characteristic of personal obligations?

They are generally indivisible Signup and view all the answers

What is the purpose of a penal clause?

To substitute a penalty for the indemnity for damages and the payment of interests in case of non-compliance. Signup and view all the answers

What is the difference between a compensatory penal clause and a punitive penal clause?

A compensatory penal clause provides compensation, while a punitive penal clause is imposed as punishment. Signup and view all the answers

What is the purpose of a conventional penal clause?

To stipulate a penalty for breach of obligation. Signup and view all the answers

What happens when a penal clause is demanded?

The creditor can demand both the penalty and the principal obligation. Signup and view all the answers

What determines the demandability of a penal clause?

The default of the unperformed obligation. Signup and view all the answers

What is the general rule regarding penalties and indemnity for damages?

The penalty takes the place of the indemnity for damages and the payment of interests. Signup and view all the answers