Solidary Debtors' Defenses

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Questions and Answers

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?

<p>The debtor can only avoid liability for that part of the debt of which the co-debtor is liable (D)</p> Signup and view all the answers

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

<p>The solidary debtor can use defenses derived from the nature of the obligation (C)</p> Signup and view all the answers

What is the characteristic of an indivisible obligation?

<p>The object cannot be partially fulfilled (A)</p> 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?

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

Which of the following obligations are deemed divisible?

<p>Obligations which have for their object the execution of a certain number of days of work (C)</p> Signup and view all the answers

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

<p>To insure performance by creating an effective deterrent against breach (B)</p> Signup and view all the answers

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

<p>Accessory obligation (C)</p> Signup and view all the answers

What determines the divisibility or indivisibility of negative personal obligations?

<p>The character of the prestation in each particular case (A)</p> Signup and view all the answers

What is the general characteristic of personal obligations?

<p>They are generally indivisible (B)</p> Signup and view all the answers

What is the purpose of a penal clause?

<p>To substitute a penalty for the indemnity for damages and the payment of interests in case of non-compliance. (C)</p> Signup and view all the answers

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

<p>A compensatory penal clause provides compensation, while a punitive penal clause is imposed as punishment. (C)</p> Signup and view all the answers

What is the purpose of a conventional penal clause?

<p>To stipulate a penalty for breach of obligation. (B)</p> Signup and view all the answers

What happens when a penal clause is demanded?

<p>The creditor can demand both the penalty and the principal obligation. (C)</p> Signup and view all the answers

What determines the demandability of a penal clause?

<p>The default of the unperformed obligation. (C)</p> Signup and view all the answers

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

<p>The penalty takes the place of the indemnity for damages and the payment of interests. (C)</p> Signup and view all the answers

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