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Questions and Answers
What is the primary consideration in determining whether an obligation is divisible or indivisible?
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?
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?
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?
What is the effect of a solidary debtor using a defense personal to another solidary debtor?
What is the consequence of a creditor filing a lawsuit against a solidary debtor?
What is the consequence of a creditor filing a lawsuit against a solidary debtor?
What is the characteristic of an indivisible obligation?
What is the characteristic of an indivisible obligation?
What type of obligations are intended by the parties to be indivisible even if a thing or service is physically divisible?
What type of obligations are intended by the parties to be indivisible even if a thing or service is physically divisible?
Which of the following obligations are deemed divisible?
Which of the following obligations are deemed divisible?
What is the purpose of a penal clause in an obligation?
What is the purpose of a penal clause in an obligation?
What type of obligation is an obligation with a penal clause?
What type of obligation is an obligation with a penal clause?
What determines the divisibility or indivisibility of negative personal obligations?
What determines the divisibility or indivisibility of negative personal obligations?
What is the general characteristic of personal obligations?
What is the general characteristic of personal obligations?
What is the purpose of a penal clause?
What is the purpose of a penal clause?
What is the difference between a compensatory penal clause and a punitive penal clause?
What is the difference between a compensatory penal clause and a punitive penal clause?
What is the purpose of a conventional penal clause?
What is the purpose of a conventional penal clause?
What happens when a penal clause is demanded?
What happens when a penal clause is demanded?
What determines the demandability of a penal clause?
What determines the demandability of a penal clause?
What is the general rule regarding penalties and indemnity for damages?
What is the general rule regarding penalties and indemnity for damages?
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