ObliCon T/F

Prestation is an essential requisite of obligations.

TRUE

When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the testamentary heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable.

FALSE

Query: This is about what?

A: Natural Obligation

In obligations with a term, the obligation becomes due and demandable upon the arrival of the period.

FALSE

Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-delict to the end that no one shall be unjustly enriched or benefited at the expense of another.

FALSE

The insolvency of one debtor will increase the liability of his co-debtors

FALSE

Whenever a period is designated in an obligation, it is presumed to have been fixed for the benefit of the debtor.

FALSE

When the fulfillment of the suspensive condition depends upon the sole will of the debtor, the condition shall be void.

FALSE

In conjunctive obligations, the right of choice belongs to the debtor.

FALSE

Rescission is a subsidiary remedy.

FALSE

Query: when would the remedy of rescission be the principal remedy?

A: Breach

If the substitution is without the knowledge or against the will of the debtor, the new debtor’s insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the original debtor.

TRUE

Query: This pertains to what concept?

A: Novation ex promision

A thing is an essential requisite of an obligation.

FALSE

A thing may be determinate even if it is not physically segregated from all others of the same class.

TRUE

In obligation with a term, the obligation becomes due and demandable upon the arrival of the period.

FALSE

Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded.

TRUE

In an obligation with a penal clause, the penalty shall substitute the indemnity for damages and the payment of interest.

FALSE

Insolvency of one debtor will increase the liability of his co-debtors?

FALSE

Whenever a period is designated in an obligation it is presumed to have been fixed for the benefit of the debtor.

FALSE

When the fulfilment of the condition depends upon the sole will of the creditor the condition of the obligation shall be void.

FALSE

In conjunctive obligations, the right of choice belongs to the debtor unless it has been expressly granted to the creditor.

FALSE

Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions.

TRUE

Consent of the parties is an essential requisite of one of the sources of obligations.

TRUE

A thing may be determinate even if it is not physically segregated from all others from the same class.

TRUE

In an obligation with a term, the obligation does not arise upon the arrival of the period.

FALSE

When a person is constrained to pay the taxes of another, a quasi-contractual relationship arises.

TRUE

In an obligation with a penal clause, the penalty shall substitute the indemnity for damages and the payment and interest.

FALSE

The minority of one of the debtors is a partial defense.

FALSE

An obligation need not to be a pure obligation to be demandable at once.

TRUE

Whenever a period is designated in an obligation, it is for the benefit of both the creditor and debtor.

FALSE

When the fulfillment of the suspensive condition depends upon the sole will of the debtor, the obligation shall be void.

TRUE

The consent of the creditor is not required for an obligation to be extinguished by consignation.

TRUE

If the obligation is payable “upon demand”, then the prescriptive period starts to run from demand.

FALSE

Obligation with a resolutory period shall be demandable immediately.

TRUE

Whenever in an obligation a period is designated, it is disputably presumed to have been established for the benefit of both the creditor and debtor.

FALSE

If the obligation does not fix a period, the courts shall fix the duration thereof.

FALSE

The debtor shall lose every right to make use of the period when after the obligation has been contracted, he becomes insolvent.

FALSE

In alternative obligations, the debtor can no longer perform another prestation after having communicated to the creditor the prestation performed.

TRUE

In facultative obligations, the prestation may be due at the same time

FALSE

The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable.

TRUE

When the fulfillment of the condition depends upon the sole will of the debtor, the condition shall be void.

FALSE

Impossible conditions shall be considered as not having been agreed upon.

FALSE

When the fulfillment of the condition depends upon the sole will of the debtor, the condition shall be void.

FALSE

Impossible conditions shall be considered as not having agreed upon.

FALSE

The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place.

TRUE

Obligation with a resolutory period shall be demandable only upon the arrival of the period.

FALSE

Whenever in an obligation a period is designated, it is disputably presumed to have been established for the benefit of both the creditor and the debtor.

FALSE

If the obligation does not fix a period, the courts shall fix the duration thereof.

FALSE

The debtor shall lose every right to make use of the period when after the obligation has been contracted, he becomes insolvent.

FALSE

A person alternatively bound by different prestations shall completely perform one of them.

TRUE

The choice shall produce no effect except from the time it has been communicated.

TRUE

The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable.

TRUE

An obligation whose performance is subject to a condition not to do an impossible thing shall be demandable at once.

TRUE

The creditor may, before the fulfillment of the condition, validly demand for the fulfillment of the obligation.

TRUE

Obligations for whose fulfillment a day fixed a day certain has been fixed, shall take effect at once, but terminate upon arrival of the day certain.

FALSE

Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of the debtor

FALSE

The courts shall fix the duration of the period when it depends upon the sole will of the debtor.

TRUE

The debtor shall lose every right to make use of the period when the debtor violates any undertaking in consideration of which the creditor agreed to the period.

TRUE

The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.

TRUE

If through the creditor’s acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages.

TRUE

The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable.

TRUE

When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period.

TRUE

The delivery to and acceptance by the creditor of a cashier's check produces the effect of payment of the debtor's obligation.

FALSE

Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered.

TRUE

When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause of the loss

FALSE

Whenever the private document in which the debt appears Is found in the possession of the debtor, it shall be disputably presumed that the creditor delivered it voluntarily.

TRUE

. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary, only if the obligation is one arising from contract

TRUE

Legal Compensation shall not be proper when one of the debts arises from a depositum

TRUE

A valid tender of payment extinguishes an obligation.

FALSE

If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been recovered.

TRUE

. Compensation may take place in reciprocal obligations.

FALSE

The guarantor may set up compensation as regards what the creditor may owe the principal debtor

TRUE

Legal Subrogation may take place without the consent of the original parties and of the 3rd person.

FALSE

Payment shall be made to one of the parties to the constitution of the obligation to extinguish the obligation

FALSE

Payment made in good faith to any person in possession of the evidence of credit shall release the debtor.

FALSE

Legal compensation shall not be proper when one of the debts arises from a depositum.

TRUE

In partial compensation, some obligations may be totally extinguished.

TRUE

If the debt produces interest, payment of the principal shall not be deemed to have been made until the interest has been covered

TRUE

Compensation may take place in reciprocal obligations

FALSE

Reciprocal obligations are extinguished only up to the concurrent amount if the characters of creditor and debtor are merged in the same person

FALSE

The delivery to and acceptance by the credit of a cashier’s check produces the effect of payment of the debtor’s obligation

FALSE

. In consignation, the twin notice requirement is mandatory.

TRUE

The delivery to and acceptance by the creditor of a cashier's check produces the effect of payment of the debtor's obligation.

FALSE

Legal subrogation requires the consent of the original parties and of the third person

FALSE

In novation, if the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event.

TRUE

Payment shall be made to one of the parties to the constitution of the obligation to extinguish the obligation

FALSE

Dation in payment is governed by the law of sales

FALSE

Legal compensation shall not be proper when one of the debts arises from depositum.

TRUE

In partial compensation, no obligation is totally extinguished

FALSE

If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered.

TRUE

Compensation may take place in reciprocal obligations.

FALSE

The guarantor may set up compensation as regards what the creditor may owe the principal debtor.

TRUE