Types of Obligations in Business Law

Play an AI-generated podcast conversation about this lesson

What is a characteristic of a pure obligation?

Immediate demandability (correct)

Dependent on expiration of a term

Depends on the fulfillment of a condition

Subrogated to future events

In a conditional obligation, what does the effectivity depend on?

Immediate demandability

Fulfillment of a condition (correct)

Non-fulfillment of a condition

Expiration of a term

What is the definition of a condition in obligations?

Dependent on expiration of a term

Future and uncertain fact or event (correct)

Independent of the obligation

Certain and immediate fact

In a potestative condition, what does the fulfillment depend on?

The creditor's will Signup and view all the answers

What characterizes a casual condition in obligations?

Involves chance or a third person's will Signup and view all the answers

In a mixed condition, what does the fulfillment depend on?

Both party's will and chance Signup and view all the answers

What happens to the obligation with a resolutory period?

It terminates upon the arrival of the stated day Signup and view all the answers

In what circumstances can a debtor lose the benefit of a period for an obligation?

Failure to provide a guaranty or security promised Signup and view all the answers

When can a court fix a period for an obligation?

If it can be inferred from the nature of the obligation Signup and view all the answers

What does it mean when an obligation has a resolutory period?

It terminates upon the arrival of a certain day Signup and view all the answers

When does an obligation with a resolutory period take effect?

Immediately upon the arrival of the stated day Signup and view all the answers

What happens if a debtor becomes insolvent after an obligation is contracted?

Automatically loses any right to make use of the period Signup and view all the answers

Under what circumstances can a debtor oppose a premature demand by the creditor for performance?

If he is not responsible for impairing guaranties after establishment Signup and view all the answers

In an obligation where the fulfilment of the condition depends solely on the debtor's will, it is considered:

Void Signup and view all the answers

What happens when a condition depends on the will of a party to the obligation and partly on chance or a third person's will?

The obligation takes effect Signup and view all the answers

If a debtor is required to pay only if a specific event happens that is solely under the creditor's control, this is known as:

Potestative-will of the creditor Signup and view all the answers

What type of condition results in the acquisition of rights arising out of an obligation?

Suspendive condition Signup and view all the answers

If a debtor must pay when a specific event occurs that leads to the extinguishment of rights, what type of condition is this?

Resolutory condition Signup and view all the answers

How is an obligation affected if it deteriorates without the fault of the debtor?

The creditor bears the impairment Signup and view all the answers

What happens if a thing deteriorates through the fault of the debtor?

The creditor can rescind the obligation or have it fulfilled with indemnity for damages Signup and view all the answers

In a joint divisible obligation, if one debtor fails to comply with the undertaking, can the other debtors be compelled to pay for the liability of the non-compliant debtor? (minor error)

No, the debt is divided into equal shares among the debtors. Signup and view all the answers

In a joint indivisible obligation, what gives rise to indemnity for damages against a debtor who does not comply with the undertaking?

The completion of the obligation by one debtor. Signup and view all the answers

What is required to establish solidary liability according to the lease contract mentioned in the text?

An explicit clause in the contract stipulating solidary liability. Signup and view all the answers

What happens to an obligation when novation or compensation occurs among solidary creditors?

The obligation is extinguished without affecting the portions of each creditor. Signup and view all the answers

If A pays the full amount of a solidary debt upon demand, what is B's obligation according to the principles discussed?

B must reimburse A with their share in the obligation. Signup and view all the answers

Under what conditions can one solidary creditor demand payment from a debtor in a joint and several liability situation?

As long as any one creditor makes a demand for payment. Signup and view all the answers

What distinguishes a joint divisible obligation from a joint indivisible obligation?

The possibility of dividing the liability among debtors. Signup and view all the answers

Under what circumstances can mutual agency among solidary creditors lead to extinguishing an obligation?

When novation or compensation occurs among creditors or debtors. Signup and view all the answers

What is the primary implication of having joint and several liability among debtors in a solidary obligation?

Any debtor can be compelled to pay the entire debt on behalf of all parties involved. Signup and view all the answers

In a case where joint debtors fail to comply with their undertaking, which scenario will lead to mutual agency among solidary creditors?

If any one of the joint creditors demands payment from all parties involved. Signup and view all the answers

In a solidary obligation, if one debtor pays the debt before it is due, can he demand interest for the intervening period?

No, he cannot demand interest for the intervening period. Signup and view all the answers

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

The other co-debtors must bear the insolvent debtor's share in proportion to each one's debt. Signup and view all the answers

What defenses can a solidary debtor use in a legal action brought by the creditor? (error)

Defenses personal to others, but limited to their responsibility for part of the debt. Signup and view all the answers

What differentiates divisible obligations from indivisible obligations?

Divisible obligations can be partially performed without changing the essence, while indivisible cannot. Signup and view all the answers

When does a penalty in an obligation substitute for indemnity and payment of interests?

When there is no stipulation for indemnity or interest payments. Signup and view all the answers

Can a creditor demand payment from all solidary debtors at once?

No, a creditor can only go after one solidary debtor at a time. Signup and view all the answers

If two or more solidary debtors offer to pay, who has the right to choose which offer to accept?

The creditor gets to decide which offer to accept. Signup and view all the answers

If there is a stipulation contrary to the penalty clause in an obligation, what happens?

Both the penalty clause and stipulation remain valid. Signup and view all the answers

'Is the obligor liable for damages despite the fact that the obligation is with a penal clause?' Can you answer this question using the provided text?

'No, there are exceptions where liability may not apply.' Signup and view all the answers

What are determinants of whether an obligation is divisible or indivisible according to the text?

The degree of partial performance allowed without changing the essence of the obligation. Signup and view all the answers

What is the main difference between alternative and facultative obligations?

In alternative obligations, the obligor is bound to render only one of two or more items of performance, while in facultative obligations, the debtor is given the right to substitute the thing due with another that is not due. Signup and view all the answers

What happens in an alternative obligation when there is a loss/impossibility of all objects/prestations due to a fortuitous event?

The obligation is extinguished. Signup and view all the answers

In what scenario can a joint debtor be required to pay for the share of another?

If the liability is expressly stated to be joint and several. Signup and view all the answers

What exceptions exist to the general rule of joint obligation being presumed?

If the law requires solidarity or if the nature of the obligation demands it. Signup and view all the answers

What happens if one of the joint debtors is insolvent in a joint obligation?

The insolvent debtor's share is borne by the others, as they are not liable for it. Signup and view all the answers

How does a facultative obligation differ from a solidary one?

Facultative obligations involve a right of choice for both debtor and creditor, while solidary ones do not. Signup and view all the answers

What is the key requirement for joint debtors to be compelled to answer for each other's liabilities?

'Several objects being due' rather than 'only one object being due'. Signup and view all the answers

When might solidarity be required in an obligation based on legal provisions?

'Nature of the obligation' requiring it, such as in criminal offenses and torts. Signup and view all the answers

'Concurrence of Two or More Creditors and/or Two or More Debtors' refers to what kind of obligation?

'Joint (Divisible) Obligation' Signup and view all the answers

What happens if there is any defense that is purely personal to one of the debtors in a joint obligation?

The debtor with the personal defense can alone use it to protect against liability. Signup and view all the answers