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Potestative Condition In Contracts
Summary
A potestative condition in contracts depends on the will of one party, affecting the contracts validity. In the scenario where A sells a lot and house to B, contingent on As decision to move to the countryside, it exemplifies a potestative condition. This type of condition can impact the enforceability of the contract, as it relies solely on one partys discretion. Additionally, in solidary obligations, if a creditor renounces their share without others consent, only their portion is affected. Obligations with a resolutory period take effect immediately but end upon a specified event. In cases of minors or incapacitated parties, obligations may be adjusted based on their capacity to consent. Understanding these legal principles is essential for navigating contract law effectively.Full Conversation
A, B and C are solidary debtors of X, Y and Z, solidary creditors, in the amount of P2,*. X renounces the whole obligation without the consent of Y and Z. The debtors accepted the renunciation. What is the legal effect of the renunciation?
Question 44Answer
a.
The whole obligation is extinguished.
b.
The whole obligation is extinguished, however X shall be liable to the corresponding shares of the other co creditors as they have agreed upon.
c.
Only the obligation to X is extinguished.
d.
The whole obligation is extinguished, Y and Z have no right due to the renunciation as the they are solidary creditors.
In this situation, the correct answer is:
c. Only the obligation to X is extinguished.
The renunciation by X, without the consent of Y and Z, affects only X's share of the obligation. The remaining obligation to Y and Z still stands.
c. Only the obligation to X is extinguished.
The renunciation by X, without the consent of Y and Z, affects only X's share of the obligation. The remaining obligation to Y and Z still stands.
Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain.
Question 45Answer
a.
False
b.
True
The correct answer to Question * is:
b. True
Obligations with a resolutory period indeed take effect immediately but terminate upon the arrival of the specified day. This legal principle ensures that the obligation is effective from the start but is conditional on the future event specified.
b. True
Obligations with a resolutory period indeed take effect immediately but terminate upon the arrival of the specified day. This legal principle ensures that the obligation is effective from the start but is conditional on the future event specified.
A, B and C are solidary debtors of D for P3,* but A was incapacitated to give his consent as he was a minor. If D sues A, how much will B be liable for?
Question 46Answer
a.
P3,*
b.
P2,*
c.
P *
d.
P1,*
Case Rating: *
Answer to your question:
b. P2,*
In this scenario, since A is a minor, his consent is not valid. Therefore, the obligation is divided between B and C. B would be liable for P2,*, which is his share plus half of A's share.
Answer to your question:
b. P2,*
In this scenario, since A is a minor, his consent is not valid. Therefore, the obligation is divided between B and C. B would be liable for P2,*, which is his share plus half of A's share.
A, B and C are solidary debtors of X in the amount of P30,*. C was insane at the time the obligation was constituted. What is the legal effect?
Question 47Answer
a.
X may collect from either A or B P20,*. Such defense is personal to C and would therefore affect only the part of the debt to which C may be responsible.
b.
X may collect from either A or C P30,*. A or B may reimburse to C the excess obligation paid.
c.
X may collect from either A or B P30,*. Defense of insanity and would not affect the obligation but maybe availed by C. A or B cannot reimburse the P10,* to C
d.
X may collect from either A, B or C P30,*. C may reimburse P5,* each to A and B due to the defense of insanity.
Case Rating: *
In this situation, the correct answer is:
a. X may collect from either A or B P20,*. Such defense is personal to C and would therefore affect only the part of the debt to which C may be responsible.
In this situation, the correct answer is:
a. X may collect from either A or B P20,*. Such defense is personal to C and would therefore affect only the part of the debt to which C may be responsible.
Proof of actual damages suffered by the creditor is not necessary in order that the penalty previously agreed upon may be demanded.
Question 48Answer
a.
True
b.
False
Case Rating: *
The correct answer for Question * is:
a. True
In the Philippines, under the Civil Code, a penalty clause can be enforced without the need for the creditor to prove actual damages. The agreed penalty is considered a form of liquidated damages.
The correct answer for Question * is:
a. True
In the Philippines, under the Civil Code, a penalty clause can be enforced without the need for the creditor to prove actual damages. The agreed penalty is considered a form of liquidated damages.
A owns a house rented by B. A sold the house to C where C agreed to pay the balance of the purchase price as soon as B leaves the premises. It was further agreed that C will take care of seeing to it that B vacates the house. Which is correct?
Question 49Answer
a.
The contract is void because it is potestative on the part of C.
b.
The contract is valid if B is willing to vacate the premises.
c.
The contract is valid because the condition is mixed.
d.
The contract is void because the consent of B was not obtained.
Case Rating: *
The correct answer for Question * is:
c. The contract is valid because the condition is mixed.
This is because the obligation depends partly on the will of C (to ensure B vacates) and partly on the will of B (to actually vacate). Therefore, it is a mixed condition.
Is there anything else you need help with?
The correct answer for Question * is:
c. The contract is valid because the condition is mixed.
This is because the obligation depends partly on the will of C (to ensure B vacates) and partly on the will of B (to actually vacate). Therefore, it is a mixed condition.
Is there anything else you need help with?
The right of the creditor that is enforceable against a definite debtor is
Question 50Answer
a.
Moral right
b.
Personal right
c.
Natural right
d.
Real right
Case Rating: *
The right of the creditor that is enforceable against a definite debtor is a personal right. This type of right allows the creditor to demand the performance of an obligation from the debtor.
Is there any other legal information you need assistance with?
The right of the creditor that is enforceable against a definite debtor is a personal right. This type of right allows the creditor to demand the performance of an obligation from the debtor.
Is there any other legal information you need assistance with?
Obligations with a resolutory condition take effect at once, but terminate upon happening of the condition.
Question 51Answer
a.
True
b.
False
Case Rating: *
The correct answer to Question * is:
a. True
Obligations subject to a resolutory condition indeed take effect immediately and terminate upon the occurrence of the specified condition. This legal principle ensures that the obligation is effective from the start but conditional on a future event.
Is there anything else you need help with?
The correct answer to Question * is:
a. True
Obligations subject to a resolutory condition indeed take effect immediately and terminate upon the occurrence of the specified condition. This legal principle ensures that the obligation is effective from the start but conditional on a future event.
Is there anything else you need help with?
A and B are indebted to X and Y for P10,*. A and B share in the debt in the ratio of * and * while X and Y share in the credit in the ratio of * and *. How much may X collect from A if the debtors are joint debtors, while the creditors are joint creditors?
Question 52Answer
a.
P1,*. There are as many debts or credits as debtors or creditors.
b.
P5,*. There are as many debts or credits as debtors or creditors.
c.
P2,*. The obligation is joint on both the debtor and creditor, therefore there are as many debts (credits) as debtors (creditors).
d.
P4,*. The obligation is joint on the debtor.
Case Rating: *
In this scenario, if A and B are joint debtors and X and Y are joint creditors, the amount that X may collect from A can be calculated as follows:
- A's share of the debt: P10,* * (*/*) = P2,*
- X's share of the credit: P10,* * (*/*) = P4,*
However, since the debtors and creditors are joint, the amount X can collect from A would be based on A's share in the joint debt. Therefore, X may collect P1,* from A.
Would you like more information on this topic?
In this scenario, if A and B are joint debtors and X and Y are joint creditors, the amount that X may collect from A can be calculated as follows:
- A's share of the debt: P10,* * (*/*) = P2,*
- X's share of the credit: P10,* * (*/*) = P4,*
However, since the debtors and creditors are joint, the amount X can collect from A would be based on A's share in the joint debt. Therefore, X may collect P1,* from A.
Would you like more information on this topic?
If the condition is potestative on the part of the debtor, the obligation is void.
Question 53Answer
a.
False
b.
True
Case Rating: *
In the context of the legal principles discussed, if the condition is potestative on the part of the debtor, the obligation may indeed be void because it depends solely on the debtor's will. This is generally considered true.
Would you like more information on a related topic or any other legal question?
In the context of the legal principles discussed, if the condition is potestative on the part of the debtor, the obligation may indeed be void because it depends solely on the debtor's will. This is generally considered true.
Would you like more information on a related topic or any other legal question?
With regard to the right as to the fruits of the thing, which is not correct?
Question 54Answer
a.
If the obligation is subject to a suspensive condition, the obligation to deliver arises from the moment the condition happens.
b.
If there is no condition or term for its fulfillment, the obligation to deliver arises from the perfection of the contract or creation of the obligation.
c.
If the obligation is subject to a suspensive condition, the obligation to deliver arises upon the expiration of the term or period.
d.
If the obligation arises from the contract of sale, the vendor has a right to the fruits of the thing from the time the obligation to deliver arises.
Case Rating: *
The incorrect statement is:
c. If the obligation is subject to a suspensive condition, the obligation to deliver arises upon the expiration of the term or period.
Would you like more information on this or any other legal topic?
The incorrect statement is:
c. If the obligation is subject to a suspensive condition, the obligation to deliver arises upon the expiration of the term or period.
Would you like more information on this or any other legal topic?
In Accion Pauliana Rescission, which involves the right of the creditor to attack or impugn by means of rescissory action any act of the debtor which is in fraud and to the prejudice of his rights as creditor provided
Question 55Answer
a.
The debtors assets are insufficient
b.
There is a failure of the debtor to collect his own debt from 3rd persons either through malice or negligence
c.
The debtor has performed an act subsequent to the contract, giving advantage to other persons
d.
The debt is due and demandable
Case Rating: *
In Accion Pauliana Rescission, the creditor can attack the act of the debtor which is in fraud and to the prejudice of his rights as creditor provided that:
- The debtor's assets are insufficient.
Would you like more information on this topic or any other legal matter?
In Accion Pauliana Rescission, the creditor can attack the act of the debtor which is in fraud and to the prejudice of his rights as creditor provided that:
- The debtor's assets are insufficient.
Would you like more information on this topic or any other legal matter?
A is obliged to give B, at As option either object No. *, Object No. *, or Object No. *. If objects nos. * 1and * were destroyed by As fault and later object No. * is destroyed by fortuitous event, A would still be liable.
Question 56Answer
a.
False
b.
True
Case Rating: *
The correct answer for this question is b. True.
In this scenario, A would still be liable because he was at fault for the destruction of objects nos. * and *. Even though object no. * was destroyed by a fortuitous event, A's prior fault makes him liable for the obligation.
Do you have any other legal questions or need further clarification on this topic?
The correct answer for this question is b. True.
In this scenario, A would still be liable because he was at fault for the destruction of objects nos. * and *. Even though object no. * was destroyed by a fortuitous event, A's prior fault makes him liable for the obligation.
Do you have any other legal questions or need further clarification on this topic?
This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake.
Question 57Answer
a.
Solutio Indebiti
b.
Vinculum juris
c.
Negotiorum Gestio
d.
Prestation
Case Rating: *
The correct answer to the question about something received without the right to demand it, and unduly delivered through a mistake, is:
a. Solutio Indebiti
Solutio Indebiti refers to a situation where a person receives something that was not due to them and the delivery was made by mistake.
Is there another legal topic or issue you need assistance with?
The correct answer to the question about something received without the right to demand it, and unduly delivered through a mistake, is:
a. Solutio Indebiti
Solutio Indebiti refers to a situation where a person receives something that was not due to them and the delivery was made by mistake.
Is there another legal topic or issue you need assistance with?
On June *, * A is obliged to give B his specific car. There was no delivery until June * when the garage of the car collapsed due to heavy rain and strong winds of Typhoon Ondoy, and the car was totally destroyed. Is A still liable?
Question 58Answer
a.
Yes, the obligation to deliver the car is changed to pay the equivalent value because B is in legal delay.
b.
No, even if A was in default, he could plead impossibility of performance.
c.
Yes, because the contract is perfected.
d.
No, because there was no demand by B to deliver the car.
Case Rating: *
A's liability in this situation primarily hinges on whether he was in default at the time of the car's destruction. If A was already in default, the risk of loss would typically remain with him. Here are some general points to consider:
- If A was in default, he remains liable even if the car was destroyed by a fortuitous event.
- If no demand was made by B, A may not be considered in default.
Do you need further clarification on any specific point or additional information?
A's liability in this situation primarily hinges on whether he was in default at the time of the car's destruction. If A was already in default, the risk of loss would typically remain with him. Here are some general points to consider:
- If A was in default, he remains liable even if the car was destroyed by a fortuitous event.
- If no demand was made by B, A may not be considered in default.
Do you need further clarification on any specific point or additional information?
Which of the following is a civil obligation?
Question 59Answer
a.
A is a debtor of B for P20,* due on September *, *.
b.
X obliges himself to pay Y P10,* on October *, *.
c.
The obligation of a catholic to hear mass every Sunday.
d.
The obligation of a husband and wife to observe fidelity.
Case Rating: *
The correct answer to your question is:
a. A is a debtor of B for P20,* due on September *, *.
This is a civil obligation as it involves a legal duty enforceable by law between two parties in a debtor-creditor relationship.
Is there anything else you need assistance with?
The correct answer to your question is:
a. A is a debtor of B for P20,* due on September *, *.
This is a civil obligation as it involves a legal duty enforceable by law between two parties in a debtor-creditor relationship.
Is there anything else you need assistance with?
D owes C P50,*. Subsequently, D proposed to C that T will assume Ds debt. C accepted the proposal of D. On due date, T could not pay because of his insolvency which was in fact existing but was not known to D or of public knowledge at the time that he delegated his debt. Can C hold D liable?
Question 60Answer
a.
C can hold D liable because Ds obligation was not extinguished when he was substituted by T due to knowledge of insolvency.
b.
C cannot hold D liable because Ds obligation was extinguished when he was substituted by T.
c.
C can hold D liable because Ds obligation was extinguished when he was substituted by T.
d.
C can hold D liable because the substitution was invalid due to the knowledge of insolvency.
Case Rating: *
To address your question:
C can hold D liable because the obligation was not extinguished when D delegated the debt to T. The delegation did not release D from liability, especially since T's insolvency was unknown and not public knowledge at the time.
The correct answer is:
a. C can hold D liable because D's obligation was not extinguished when he was substituted by T due to knowledge of insolvency.
If you have any other legal questions or need further clarification, feel free to ask!
To address your question:
C can hold D liable because the obligation was not extinguished when D delegated the debt to T. The delegation did not release D from liability, especially since T's insolvency was unknown and not public knowledge at the time.
The correct answer is:
a. C can hold D liable because D's obligation was not extinguished when he was substituted by T due to knowledge of insolvency.
If you have any other legal questions or need further clarification, feel free to ask!
A father promised to give his daughter a car if the daughter will not marry her boyfriend earlier than December *,*. If by December *, *, has not yet married her boyfriend, or if prior thereto, her boyfriend has died, the obligation is extinguished.
Question 61Answer
a.
False
b.
True
Case Rating: *
The correct answer is:
b. True
This situation involves an obligation with a suspensive condition. If the condition (the daughter not marrying her boyfriend before December *, *, or the boyfriend dying before the date) is fulfilled, the father's obligation to give the car is extinguished.
The correct answer is:
b. True
This situation involves an obligation with a suspensive condition. If the condition (the daughter not marrying her boyfriend before December *, *, or the boyfriend dying before the date) is fulfilled, the father's obligation to give the car is extinguished.
A is obliged to deliver his only car to B on November *, *. If A does not deliver, and on November *, *, a typhoon destroys the car.
Question 62Answer
a.
A and B will divide the loss equally.
b.
As obligation is converted into a monetary obligation.
c.
A is not liable because the obligation is extinguished.
d.
A is liable because he is in delay.
Case Rating: *
In this situation, the correct answer is:
d. A is liable because he is in delay.
A's failure to deliver the car on the agreed date places him in default. Consequently, he bears the risk of loss even if the car is destroyed by a fortuitous event, like the typhoon.
Would you like more information or assistance with another legal question?
In this situation, the correct answer is:
d. A is liable because he is in delay.
A's failure to deliver the car on the agreed date places him in default. Consequently, he bears the risk of loss even if the car is destroyed by a fortuitous event, like the typhoon.
Would you like more information or assistance with another legal question?
I will pay you * million for the car I bought from you. What kind of obligation is this?
Question 63Answer
a.
Conditional obligation
b.
Joint obligation
c.
Pure obligation
d.
Solidary obligation
Case Rating: *
The correct answer to your question is:
c. Pure obligation
A pure obligation is one that is not subject to any condition and is immediately demandable. In this scenario, the obligation to pay for the car is clear and unconditional.
If you have any more questions or need further clarification, feel free to ask!
The correct answer to your question is:
c. Pure obligation
A pure obligation is one that is not subject to any condition and is immediately demandable. In this scenario, the obligation to pay for the car is clear and unconditional.
If you have any more questions or need further clarification, feel free to ask!
A is obliged to give B her college ring. If she fails to do so, she must give P10,*. This is
Question 64Answer
a.
Alternative obligation
b.
Facultative obligation
c.
Obligation with a penal clause
d.
Conjoint obligation
Case Rating: *
This scenario describes an obligation with a penal clause. Here are some points to help understand this better:
- Obligation with a Penal Clause: This type of obligation involves a penalty (in this case, P10,*) if the principal obligation (giving the college ring) is not fulfilled.
Would you like to discuss another legal topic or have any other questions?
This scenario describes an obligation with a penal clause. Here are some points to help understand this better:
- Obligation with a Penal Clause: This type of obligation involves a penalty (in this case, P10,*) if the principal obligation (giving the college ring) is not fulfilled.
Would you like to discuss another legal topic or have any other questions?
This is an obligation with a resolutory obligation.
Question 65Answer
a.
I will give you my car now, but should you fail in any of your subjects, your ownership will cease and it will be mine again.
b.
I wiill give you P10,* if you pass the * CPA board examination.
c.
I will give you P10,* if A dies of TB.
d.
I will give you P10,* on December *, *.
Case Rating: *
It appears that you need help understanding the nature of different obligations. Here is a brief explanation:
- Resolutory Obligation: The obligation takes effect immediately but will be terminated once a certain condition occurs.
- Example: "I will give you my car now, but should you fail in any of your subjects, your ownership will cease and it will be mine again."
Is there a specific aspect of these obligations you need more information on, or do you have another legal matter in mind?
It appears that you need help understanding the nature of different obligations. Here is a brief explanation:
- Resolutory Obligation: The obligation takes effect immediately but will be terminated once a certain condition occurs.
- Example: "I will give you my car now, but should you fail in any of your subjects, your ownership will cease and it will be mine again."
Is there a specific aspect of these obligations you need more information on, or do you have another legal matter in mind?
The following are the requisites of an obligation, except
Question 66Answer
a.
Demand
b.
Efficient cause
c.
Prestation
d.
Passive and active subject
Case Rating: *
The correct answer to the question about the requisites of an obligation is:
a. Demand
The requisites of an obligation typically include:
- Efficient cause
- Prestation
- Passive and active subject
The correct answer to the question about the requisites of an obligation is:
a. Demand
The requisites of an obligation typically include:
- Efficient cause
- Prestation
- Passive and active subject
Where a debtor transfers all his properties not subject to execution in favor of his creditors so that the latter may sell them and thus apply the proceeds to their credits.
Question 67Answer
a.
Consignation
b.
Cession
c.
Application of payment
d.
Dation in payment
Case Rating: *
The correct answer to the question is:
b. Cession
Cession is the act where a debtor transfers all his properties not subject to execution to his creditors, allowing them to sell the properties and apply the proceeds to their credits.
Would you like assistance with another legal topic or have any further questions?
The correct answer to the question is:
b. Cession
Cession is the act where a debtor transfers all his properties not subject to execution to his creditors, allowing them to sell the properties and apply the proceeds to their credits.
Would you like assistance with another legal topic or have any further questions?
A and B are joint debtors of C and D, joint creditors, to the amount of P1,*, C can demand
Question 68Answer
a.
P500 from A or P500 from B
b.
P500 from A and P500 from B
c.
P250 from A and P250 from B
d.
P250 from A or P250 from B
Case Rating: *
C, as a joint creditor, can demand P500 from either A or B.
Would you like more information on joint and solidary obligations, or do you have any other legal questions?
C, as a joint creditor, can demand P500 from either A or B.
Would you like more information on joint and solidary obligations, or do you have any other legal questions?
The condition that some event happens at a determinate time shall extinguish the obligation as soon as the time expires or it has become indubitable that the event will not take place.
Question 69Answer
a.
True
b.
False
Case Rating: *
The correct answer for Question * is:
a. True
When a condition is set for an event to happen at a specific time, the obligation is extinguished either when the time expires or when it becomes certain that the event will not happen.
Do you need assistance with any other legal questions or topics?
The correct answer for Question * is:
a. True
When a condition is set for an event to happen at a specific time, the obligation is extinguished either when the time expires or when it becomes certain that the event will not happen.
Do you need assistance with any other legal questions or topics?
A judicial process by virtue of which a person is generally ordered to refrain from doing something
Question 70Answer
a.
Injunction
b.
Interpleader
c.
Garnishment
d.
Attachment
Case Rating: *
The correct answer is:
a. Injunction
An injunction is a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another. It can also compel a person to carry out a certain act, such as making restitution to an injured party.
Do you need help with any other legal topics?
The correct answer is:
a. Injunction
An injunction is a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another. It can also compel a person to carry out a certain act, such as making restitution to an injured party.
Do you need help with any other legal topics?
The delivery and transmission of ownership of the thing by the debtor to the creditor as an accepted equivalent performance of an obligation is called
Question 71Answer
a.
Payment by cession
b.
Remission
c.
Dation in payment
d.
Consignation
Case Rating: *
This situation involves the legal concept of fulfilling an obligation by transferring ownership of a thing to the creditor. The correct answer is:
c. Dation in payment
Would you like more information or have other legal questions?
This situation involves the legal concept of fulfilling an obligation by transferring ownership of a thing to the creditor. The correct answer is:
c. Dation in payment
Would you like more information or have other legal questions?
This is not necessary in order that compensation may prosper.
Question 72Answer
a.
That the two debts are both due.
b.
That the two debts be liquidated and demandable.
c.
That there be retention or controversy commenced by third persons and communicated in due time to the debtor.
d.
Both debts consists in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated.
Case Rating: *
It seems you're asking about the necessary conditions for compensation to prosper. Here are the requirements:
- The two debts must be liquidated and demandable.
- Both debts consist of a sum of money, or if the things due are consumable, they must be of the same kind and quality.
If you have any other questions or need further clarification, feel free to ask!
It seems you're asking about the necessary conditions for compensation to prosper. Here are the requirements:
- The two debts must be liquidated and demandable.
- Both debts consist of a sum of money, or if the things due are consumable, they must be of the same kind and quality.
If you have any other questions or need further clarification, feel free to ask!
A is obliged to give B, at As option either object No. *, Object No. *, or Object No. *. If objects nos. * 1and * were destroyed by a fortuitous event and later object No. * is destroyed by As fault, A would still be liable.
Question 73Answer
a.
True
b.
False
Case Rating: *
The correct answer to Question * is:
a. True
A would still be liable because objects No. * and No. * were destroyed by a fortuitous event, and object No. * was destroyed by A's fault. Thus, A is responsible for the failure to comply with the obligation.
Is there anything else you need help with?
The correct answer to Question * is:
a. True
A would still be liable because objects No. * and No. * were destroyed by a fortuitous event, and object No. * was destroyed by A's fault. Thus, A is responsible for the failure to comply with the obligation.
Is there anything else you need help with?
A is obliged to give B * kilos of sugar, which of the following is not correct?
Question 74Answer
a.
B can just buy * kilos of sugar and charge the expense to A.
b.
A can insist on just paying B damages or the monetary value of the sugar.
c.
B can demand that A obtain the sugar and deliver it to him.
d.
B may require another person to deliver the sugar and charge the expenses to A.
Case Rating: *
The answer to the question is:
b. A can insist on just paying B damages or the monetary value of the sugar.
In obligations to deliver specific things, the creditor can demand the delivery of the thing itself and not merely damages or its monetary equivalent.
Is there anything else you need assistance with?
The answer to the question is:
b. A can insist on just paying B damages or the monetary value of the sugar.
In obligations to deliver specific things, the creditor can demand the delivery of the thing itself and not merely damages or its monetary equivalent.
Is there anything else you need assistance with?
D1, D2 and D3 are solidary debtors or C for Php30,*. The obligation is in writing. After the lapse of the ten year prescriptive period, which of the following statements is incorrect.
Question 75Answer
a.
If D1 paid C knowing that the obligation has prescribed, D1 cannot ask for reimbursement from D2 and D3.
b.
If D1 paid C, D1 cannot ask for reimbursement from D2 and D3.
c.
None of the choices.
d.
If D1 paid C, not knowing that the obligation has prescribed, D1 cannot ask for reimbursement from D2 and D3.
Case Rating: *
The incorrect statement is:
b. If D1 paid C, D1 cannot ask for reimbursement from D2 and D3.
In general, even if the obligation has prescribed, if a solidary debtor pays the obligation, they typically have the right to seek reimbursement from the co-debtors.
Would you like more information on this topic or any other legal matter?
The incorrect statement is:
b. If D1 paid C, D1 cannot ask for reimbursement from D2 and D3.
In general, even if the obligation has prescribed, if a solidary debtor pays the obligation, they typically have the right to seek reimbursement from the co-debtors.
Would you like more information on this topic or any other legal matter?
Compensation cannot take place, except
Question 76Answer
a.
When one debt arises from the obligations of a bailee in commodatum.
b.
When one debt arises from a bank deposit.
c.
When one debt arises because of a claim for support due to gratuitous title.
d.
When one debt arises from the obligations of a depositary.
Case Rating: *
Compensation cannot take place except:
- a. When one debt arises from the obligations of a bailee in commodatum.
- b. When one debt arises from a bank deposit.
- c. When one debt arises because of a claim for support due to gratuitous title.
- d. When one debt arises from the obligations of a depositary.
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Compensation cannot take place except:
- a. When one debt arises from the obligations of a bailee in commodatum.
- b. When one debt arises from a bank deposit.
- c. When one debt arises because of a claim for support due to gratuitous title.
- d. When one debt arises from the obligations of a depositary.
Is there anything else you need help with?
Compensation cannot take place, except
Question 76Answer
a.
When one debt arises from the obligations of a bailee in commodatum.
b.
When one debt arises from a bank deposit.
c.
When one debt arises because of a claim for support due to gratuitous title.
d.
When one debt arises from the obligations of a depositary.
Case Rating: *
In this scenario, the correct answer is:
- d. When one debt arises from the obligations of a depositary.
Is there anything else you need assistance with?
In this scenario, the correct answer is:
- d. When one debt arises from the obligations of a depositary.
Is there anything else you need assistance with?
A, B and C are solidary debtors of D for P1,*. D remitted the entire obligation when A offered to pay. A can demand reimbursement from B in the amount of
Question 77Answer
a.
P1,*
b.
P333
c.
P0
d.
P1,*
Case Rating: *
A can demand reimbursement from B in the amount of P333.
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A can demand reimbursement from B in the amount of P333.
Would you like more information on this topic or have other legal questions?
A, B and C are solidary debtors of D for P1,*. D remitted the entire obligation when A offered to pay. A can demand reimbursement from B in the amount of
Question 77Answer
a.
P1,*
b.
P333
c.
P0
d.
P1,*
Case Rating: *
In this scenario, since A, B, and C are solidary debtors, and A paid the entire obligation of P1,*, A can demand reimbursement from B for his share of the debt. Each debtor (A, B, and C) would typically be responsible for an equal share of the debt. Therefore, A can demand reimbursement from B in the amount of P333.
Would you like to know more about solidary obligations or any other legal topic?
In this scenario, since A, B, and C are solidary debtors, and A paid the entire obligation of P1,*, A can demand reimbursement from B for his share of the debt. Each debtor (A, B, and C) would typically be responsible for an equal share of the debt. Therefore, A can demand reimbursement from B in the amount of P333.
Would you like to know more about solidary obligations or any other legal topic?
A oblige himself to pay B P100,* in 30 days plus a penalty of P10,* if A fails to pay the obligation in due time. A failed to pay the obligation in 30 days, B can demand from A
Question 78Answer
a.
The principal of P100,* plus legal interest, plus damages.
b.
The principal of P100,* plus P10,* penalty plus legal interest.
c.
The principal of P100,* plus P10,* penalty.
d.
The principal of P100,* plus P10,* penalty, plus legal interest, plus damages.
Case Rating: *
B can demand from A:
- The principal of P100,* plus P10,* penalty.
So, the correct answer is:
c. The principal of P100,* plus P10,* penalty.
B can demand from A:
- The principal of P100,* plus P10,* penalty.
So, the correct answer is:
c. The principal of P100,* plus P10,* penalty.
D owes C P10,*. T offers to pay Ds obligation and tells D that D need not reimburse him. However, D does not give his consent to Ts offer not to be reimbursed. C, nonetheless, accepts the payment from T. What is the effect of the payment?
Question 79Answer
a.
The payment is valid insofar as T is concerned. The case is deemed to be a donation.
b.
The payment is invalid insofar as C is concerned. Ds consent is necessary.
c.
The payment is valid insofar as T is concerned. Ds consent is necessary.
d.
The payment is valid insofar as C is concerned. The case is deemed to be a donation, however to be constituted as such Ds consent is necessary.
Case Rating: *
In this situation:
- The payment is valid insofar as C is concerned since the debt is settled.
- However, D's consent is necessary for the case to be deemed a donation and for D to be relieved from reimbursement obligations.
The correct answer is:
d. The payment is valid insofar as C is concerned. The case is deemed to be a donation, however, to be constituted as such, D's consent is necessary.
Do you have any other questions or need further clarification on this topic?
In this situation:
- The payment is valid insofar as C is concerned since the debt is settled.
- However, D's consent is necessary for the case to be deemed a donation and for D to be relieved from reimbursement obligations.
The correct answer is:
d. The payment is valid insofar as C is concerned. The case is deemed to be a donation, however, to be constituted as such, D's consent is necessary.
Do you have any other questions or need further clarification on this topic?
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