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Questions and Answers
Article 1191 allows the injured party to choose between rescission and fulfillment of the obligation.
Article 1191 allows the injured party to choose between rescission and fulfillment of the obligation.
True (A)
A determinate obligation refers to something that is particularly designated or physically segregated from all others of the same class.
A determinate obligation refers to something that is particularly designated or physically segregated from all others of the same class.
True (A)
Under Article 1191, a breach of obligation must always involve a failure of a condition to render the obligation binding.
Under Article 1191, a breach of obligation must always involve a failure of a condition to render the obligation binding.
False (B)
Civil obligations do not grant a right of action in courts of justice.
Civil obligations do not grant a right of action in courts of justice.
If both parties have committed a breach of obligation, the contract is automatically enforced regardless of the circumstances.
If both parties have committed a breach of obligation, the contract is automatically enforced regardless of the circumstances.
Natural obligations are those that can be enforced legally and grant a right of action.
Natural obligations are those that can be enforced legally and grant a right of action.
In the case where the first infractor can be identified, the liability will be apportioned equitably between the parties.
In the case where the first infractor can be identified, the liability will be apportioned equitably between the parties.
A conditional obligation's consequences are always subject to the fulfillment of a condition.
A conditional obligation's consequences are always subject to the fulfillment of a condition.
Legal obligations arise because the law directly requires a person to do or not do something.
Legal obligations arise because the law directly requires a person to do or not do something.
Both parties must suffer the damages they incurred when it is unclear which party was the first to breach the obligation.
Both parties must suffer the damages they incurred when it is unclear which party was the first to breach the obligation.
Conventional obligations arise from circumstances beyond the control of the parties involved.
Conventional obligations arise from circumstances beyond the control of the parties involved.
A pure obligation is immediately demandable and has multiple conditions attached.
A pure obligation is immediately demandable and has multiple conditions attached.
Penal obligations impose a penalty for non-compliance with a principal obligation.
Penal obligations impose a penalty for non-compliance with a principal obligation.
In a solidary obligation, each debtor is only responsible for their proportional share.
In a solidary obligation, each debtor is only responsible for their proportional share.
An obligation with a period is dependent on the expiration of a specified term.
An obligation with a period is dependent on the expiration of a specified term.
A condition is defined only by its future aspect, and its uncertainty is not a requirement.
A condition is defined only by its future aspect, and its uncertainty is not a requirement.
A condition can refer to a past event that is unknown to the parties involved.
A condition can refer to a past event that is unknown to the parties involved.
A bilateral obligation can only be reciprocal in nature.
A bilateral obligation can only be reciprocal in nature.
An indevisible obligation allows for partial fulfillment of its performance.
An indevisible obligation allows for partial fulfillment of its performance.
A facultative obligation allows the obligor to fulfill the obligation with any alternative prestation.
A facultative obligation allows the obligor to fulfill the obligation with any alternative prestation.
A unilateral obligation involves two parties wherein one is obliged to fulfill the prestation.
A unilateral obligation involves two parties wherein one is obliged to fulfill the prestation.
A debtor is always liable for loss caused by fortuitous events.
A debtor is always liable for loss caused by fortuitous events.
If a thing deteriorates without the debtor's fault, the debtor is liable for the loss in value.
If a thing deteriorates without the debtor's fault, the debtor is liable for the loss in value.
C can choose to rescind the obligation if D is at fault for the deterioration of the thing.
C can choose to rescind the obligation if D is at fault for the deterioration of the thing.
The value of an item can be improved by time or nature without any cost incurred by the debtor.
The value of an item can be improved by time or nature without any cost incurred by the debtor.
In case of deterioration due to D's negligence, C may demand damages equal to the original value of the item.
In case of deterioration due to D's negligence, C may demand damages equal to the original value of the item.
Rescission can only be applied to contracts involving the creditor.
Rescission can only be applied to contracts involving the creditor.
C benefits from improvements made to an item at D's expense during the pendency of a condition.
C benefits from improvements made to an item at D's expense during the pendency of a condition.
C must absorb the cost of any incidental damages resulting from D's failure to fulfill the obligation.
C must absorb the cost of any incidental damages resulting from D's failure to fulfill the obligation.
The right to rescind is absolute and does not require court approval.
The right to rescind is absolute and does not require court approval.
Judicial rescission requires that the injured party must go to court to assert their rights.
Judicial rescission requires that the injured party must go to court to assert their rights.
A court has the authority to fix a period for performance if there is just cause for doing so.
A court has the authority to fix a period for performance if there is just cause for doing so.
If a third person has possession of the subject matter in good faith, rescission can still be pursued by the injured party.
If a third person has possession of the subject matter in good faith, rescission can still be pursued by the injured party.
Rescission can be granted for slight or casual breaches of contract.
Rescission can be granted for slight or casual breaches of contract.
The determination of whether a breach is substantial depends solely on the percentage of the amount not paid.
The determination of whether a breach is substantial depends solely on the percentage of the amount not paid.
The right to rescind can be waived either expressly or impliedly.
The right to rescind can be waived either expressly or impliedly.
The remedy for non-payment after waiving the right to rescind is to recover the balance due.
The remedy for non-payment after waiving the right to rescind is to recover the balance due.
An obligation subject to a resolutory condition allows the debtor to keep what they received until the condition is fulfilled.
An obligation subject to a resolutory condition allows the debtor to keep what they received until the condition is fulfilled.
The effects of an obligation to give subject to a suspensive condition do not retroact to the day it was constituted.
The effects of an obligation to give subject to a suspensive condition do not retroact to the day it was constituted.
The courts have complete authority to decide the retroactive effect of a suspensive condition in obligations to do or not to do.
The courts have complete authority to decide the retroactive effect of a suspensive condition in obligations to do or not to do.
Physical loss occurs when an object is illegal or goes out of commerce.
Physical loss occurs when an object is illegal or goes out of commerce.
Civil loss can occur even if the existence of a property is known but cannot be recovered due to legal reasons.
Civil loss can occur even if the existence of a property is known but cannot be recovered due to legal reasons.
In case of loss without the debtor's fault, the debtor is required to fulfill the obligation despite the loss.
In case of loss without the debtor's fault, the debtor is required to fulfill the obligation despite the loss.
Legal loss occurs when an object perishes, such as a house burning down.
Legal loss occurs when an object perishes, such as a house burning down.
An obligation to do requires the debtor to perform an action upon the fulfillment of a suspensive condition, but the retroactivity is not strictly defined.
An obligation to do requires the debtor to perform an action upon the fulfillment of a suspensive condition, but the retroactivity is not strictly defined.
Flashcards
Conditional Obligation
Conditional Obligation
An obligation where the consequences are dependent on a specific event or condition happening.
Obligation with a Period
Obligation with a Period
An obligation where the consequences are dependent on a specific timeframe.
Alternative Obligation
Alternative Obligation
An obligation where the debtor can choose from different ways to fulfill their obligation.
Facultative Obligation
Facultative Obligation
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Joint Obligation
Joint Obligation
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Solidary Obligation
Solidary Obligation
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Divisible Obligation
Divisible Obligation
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Indivisible Obligation
Indivisible Obligation
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Suspensive Condition
Suspensive Condition
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Resolutory Condition
Resolutory Condition
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Retroactive Effects
Retroactive Effects
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Obligation to Give
Obligation to Give
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Obligation to Do or Not to Do
Obligation to Do or Not to Do
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Physical Loss
Physical Loss
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Legal Loss
Legal Loss
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Civil Loss
Civil Loss
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Civil Obligation
Civil Obligation
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Determinate Obligation
Determinate Obligation
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Legal Obligation
Legal Obligation
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Natural Obligation
Natural Obligation
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Penal Obligation
Penal Obligation
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Generic Obligation
Generic Obligation
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Rescission of Reciprocal Obligations
Rescission of Reciprocal Obligations
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Breach of Obligation
Breach of Obligation
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First Infractor Known
First Infractor Known
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First Infractor Undetermined
First Infractor Undetermined
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Contract Extinguished
Contract Extinguished
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Extinguished Obligation Due to Fortuitous Event
Extinguished Obligation Due to Fortuitous Event
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Loss of Object Due to Debtor's Fault
Loss of Object Due to Debtor's Fault
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Deterioration of Object Without Debtor's Fault
Deterioration of Object Without Debtor's Fault
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Deterioration of Object Due to Debtor's Fault
Deterioration of Object Due to Debtor's Fault
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Improvement of Object
Improvement of Object
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Improvement at Debtor's Expense
Improvement at Debtor's Expense
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Rescission
Rescission
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Debtor's Liability for Value Changes
Debtor's Liability for Value Changes
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What is Rescission?
What is Rescission?
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Who Decides on Rescission?
Who Decides on Rescission?
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Can the Court Give Time to Fix the Breach?
Can the Court Give Time to Fix the Breach?
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What if a Third Party Owns the Item?
What if a Third Party Owns the Item?
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What Kind of Breach is Necessary for Rescission?
What Kind of Breach is Necessary for Rescission?
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Can You Give Up Your Right to Rescission?
Can You Give Up Your Right to Rescission?
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What Happens After Rescission?
What Happens After Rescission?
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Is Rescission Guaranteed?
Is Rescission Guaranteed?
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Study Notes
Assignment No. 3
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Pure Obligation: A pure obligation is not subject to any condition, no specific date is mentioned for fulfillment, and is immediately demandable.
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Conditional Obligation: A conditional obligation's consequences depend on fulfillment of a condition.
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Obligation with a Period: An obligation with a period has consequences dependent on the expiration of a specified period or term.
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Alternative Obligation: An obligation where various prestations are due, but the performance of only one is sufficient, typically chosen by the debtor.
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Facultative Obligation: An obligation where only one prestation is agreed upon, but the obligor may offer another in substitution.
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Joint Obligation: A joint obligation where the entire obligation is proportionally paid by debtors and demanded proportionally by creditors.
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Solidary Obligation: Each debtor is bound to fulfill the entire obligation, and each creditor has the right to demand full compliance.
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Divisible Obligation: An obligation's object can be partially fulfilled.
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Indivisible Obligation: An obligation's object cannot be divided and must be fully fulfilled at once.
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Obligation with a Penal Clause: An accessory obligation where a previously agreed-upon penalty is paid for breach of the main obligation.
Bilateral / Unilateral Obligations
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Unilateral Obligation: Only one party is obligated to fulfill a prestation.
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Bilateral Obligation: Both parties are mutually obligated to each other, acting as both debtors and creditors. Bilateral obligations can be reciprocal or non-reciprocal.
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Real Obligation: Obligation to deliver a specific object
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Personal Obligation: Obligation to perform a specific act.
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Determinate Obligation: An obligation to deliver a specifically designated, identifiable object.
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Generic Obligation: An obligation to deliver an object referring to a class or category, which is not specifically identified.
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Civil Obligation: Gives a right of action in court to enforce fulfillment.
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Natural Obligation: Does not give a right of action in court to enforce fulfillment, but its non-performance is nonetheless morally binding.
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Legal Obligation: Arises from law and is not assumed without explicit legal stipulation.
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Conventional Obligation: Arises from agreements between parties, including contracts.
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Penal Obligation: Imposes a penalty for non-compliance with a principal obligation.
Condition and Its Types
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Condition: A future and uncertain event that affects the effectivity or extinguishment of an obligation. It must be both future and uncertain.
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Suspensive Condition: An uncertain future event whose fulfillment gives rise to an obligation.
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Resolutory Condition: An uncertain future event whose fulfillment puts an end to an existing obligation, extinguishing it.
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Effects of Suspensive Condition: fulfillment results in the obligation arising, while non-fulfillment terminates the obligation's conditional nature.
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Effects of Resolutory Condition: fulfillment of the condition extinguishes the existing obligation.
Loss, Deterioration, Improvement
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Loss: Physical loss, legal loss (e.g., a thing going out of commerce or being expropriated), or civil loss (e.g., a thing's existence being unknown).
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Deterioration: reduction in value of a thing without the debtor's fault.
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Improvement of Thing: increase in value due to natural forces or the debtor's actions.
Rescission in Obligations
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Limitations on Rescission: Rescission of a contract may be limited in cases of judicial action, if there is a just cause for a period of compliance, when a third party has held the object of the contract, when the violation is slight, or if the waiver rights are waived. Contractual agreements regarding an arbitration clause are valid.
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Waiver of Right: The right to rescind can be waived, expressly or impliedly.
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Contract to Sell: In a contract to sell, the payment is a condition precedent to transferring ownership.
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Sales of Real Property/Installments: Specific legal provisions often govern sales of real property with installment payments.
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Judicial Compromise: A judicial compromise has special rules regarding rescission.
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Arbitration Clause: A valid arbitration clause can limit rescission.
Breach of Obligation by Two Parties
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First-Infractor Known: If one party violates the contract, and the other party also violates the contract (after the first party's breach), the first party's liability is often proportionally reduced in this case.
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First Infractor Unknown: If both parties are in breach, but it's uncertain who breached first, each party is responsible for their own damages, and the contract is deemed extinguished.
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Description
This quiz covers various types of obligations including pure, conditional, and alternative obligations. It will help you understand how these obligations differ based on conditions, periods, and the nature of performance required. Test your knowledge on the definitions and implications of each type.
