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Lecture 1 Part 3
56問 • 1年前
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    問題一覧

  • 1

    there is only one prestation.

    Simple

  • 2

    there are two or more prestation.

    Compound

  • 3

    several prestation and all of them are due.

    Conjunctive

  • 4

    two or more prestation is due

    Distributive

  • 5

    where only one prestation has been agreed upon but the obligor may render another in substitution.

    Facultative

  • 6

    wherein various prestation are due but the performance of one of them is sufficient as determined by the choice which, as a general rule, belongs to the debtor.

    Alternative

  • 7

    when there is are two or more debtors and/or two or more creditors.

    Collective

  • 8

    when there is only one obligor or one obligee.

    Individual

  • 9

    where each one of the debtors is bound to render, and/or each one of the creditors has a right to demand from any of the debtors entire compliance with the prestation

    Solidary

  • 10

    A, B, and C borrowed ₱9,000 from D. The presumption is that A, B, and C are jointly liable. So, D can demand ₱3,000 each from A, B, and C or a total of ₱9,000.

    Joint

  • 11

    A borrowed from B, C and D ₱9,000. Unless the contrary appears, the obligation is prime facie a joint one. In this case, there is one debt and three credits. So, each creditor can only demand ₱3,000 from A.

    Solidary

  • 12

    where the whole obligation is to be paid of fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors.

    Joint

  • 13

    S obliged himself to deliver to B a specific car on November 15

    Indivisible

  • 14

    D agreed to pay C ₱10,000 in four equal monthly installments

    Divisible

  • 15

    Three Kinds of Divisible Obligation

    Quality, Quantity, Ideal or Intellectual

  • 16

    It is one which exists only in minds of the parties.

    Ideal or Intellectual

  • 17

    A and B are heirs of C. If the inheritance consists only of rice field, its partition by metes and bonds into two equal parts

    Quantitative

  • 18

    A and B are heirs of C. They agreed to divide their inheritance as follows: A – a house and lot and home appliances and B – a rice field, a car and ₱10,000 cash. Bulacan Agricultural State College

    Qualitative

  • 19

    A and B are heirs of C. As co-owners their one-half shares in the car are not separable in a material way but only mentally.

    Ideal or Intellectual

  • 20

    Kinds of Indivisible Obligation

    Legal, Conventional, National

  • 21

    where a specific provision of law declares as indivisible, obligations which, by their nature, are divisible

    Legal

  • 22

    where the will of the parties makes as indivisible, obligations which, by their nature, are divisible.

    Conventional

  • 23

    It is where the nature of the object or prestation does not admit of division

    Natural

  • 24

    one which is attached to a principal obligation and, therefore, cannot stand alone.

    Accessory

  • 25

    one which can stand by itself and does not depend for its validity and existence upon another obligations.

    Principal

  • 26

    one which contains an accessory undertaking to pay previously stipulated indemnity in case of breach of the principal prestation intended primarily to induce its fulfillment.

    Obligation with Penal Clause

  • 27

    accessory undertaking attached to an obligation to assume greater liability in case of breach.

    Penal Clause

  • 28

    Kinds of Penal Clauses

    Legal, Conventional, Punitive, Subsidiary or Alternative, Compensatory, Joint or Cumulative

  • 29

    both the principal obligation and the penal clause can be enforced.

    Joint or Cumulative

  • 30

    penalty can be enforced.

    Subsidiary or Alternative

  • 31

    penalty is imposed merely as punishment of breach.

    Punitive

  • 32

    penalty takes the place of damage

    Compensatory

  • 33

    not only the delivery of money but also the performance, in any other manner, of an obligation

    Payment

  • 34

    Special Form of Payment

    Application of Payment, Dation in Payment, Payment by Cession, Tender or Payment, Consignation

  • 35

    D owes C ₱30,000. To fulfill the obligation, D with the consent of C, delivers a piano.

    Dation

  • 36

    conveyance of ownership of a thing as an accepted equivalent of performance.

    Dation

  • 37

    assignment or abandonment of all the properties of the debtor for the benefit of his creditors in order that the latter may sell the same and apply the proceeds thereof to the satisfaction of their credits.

    Cession

  • 38

    designation of the debt to which should be applied the payment made by a debtor who has various debts of the same kind in favor of one and the same creditor.

    Application

  • 39

    act of depositing the thing or amount due with the proper court when the creditor does not desire or cannot receive it, after complying with the formalities required by law.

    Consignation

  • 40

    is the act, on the part of the debtor, of offering to the creditor the thing or amount due

    Tender

  • 41

    gratuitous abandonment by the creditor of his right against the debtor.

    Condonation or Remission

  • 42

    Kinds of Remission

    Express, Implied, Complete, Partial, Inter Vivos, Mortis Causa

  • 43

    can only be inferred from conduct

    Implied

  • 44

    made either verbally or in writing.

    Express

  • 45

    when it will become effective upon the death of the donor.

    Mortis Causa

  • 46

    when it will take effect during the lifetime of the donor.

    Inter Vivos

  • 47

    A owes B the amount of ₱1,000 and B owes A ₱700. Both debts are due and payable today

    Compensation

  • 48

    extinguishment to the concurrent amount of debts of two persons who, in their own right, are debtors and creditors of each other

    Compensation

  • 49

    meeting in one person of the qualities of creditor and debtor with respect to the same obligations.

    Confusion or Merger

  • 50

    Kinds of Compensation

    Total, Partial, Legal, Voluntary, Judicial, Facultative

  • 51

    when both obligations are of the same amount and are entirely extinguished.

    Total

  • 52

    when the two obligations are different amounts and a balance remains

    Partial

  • 53

    when it takes place by agreement of the parties.

    Voluntary

  • 54

    can be set up only by one of the parties

    Facultative

  • 55

    when it takes place by order from the court in a litigation.

    Judicial

  • 56

    total or partial extinction of an obligation through the creation of a new one which substitutes it.

    Novation

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    問題一覧

  • 1

    there is only one prestation.

    Simple

  • 2

    there are two or more prestation.

    Compound

  • 3

    several prestation and all of them are due.

    Conjunctive

  • 4

    two or more prestation is due

    Distributive

  • 5

    where only one prestation has been agreed upon but the obligor may render another in substitution.

    Facultative

  • 6

    wherein various prestation are due but the performance of one of them is sufficient as determined by the choice which, as a general rule, belongs to the debtor.

    Alternative

  • 7

    when there is are two or more debtors and/or two or more creditors.

    Collective

  • 8

    when there is only one obligor or one obligee.

    Individual

  • 9

    where each one of the debtors is bound to render, and/or each one of the creditors has a right to demand from any of the debtors entire compliance with the prestation

    Solidary

  • 10

    A, B, and C borrowed ₱9,000 from D. The presumption is that A, B, and C are jointly liable. So, D can demand ₱3,000 each from A, B, and C or a total of ₱9,000.

    Joint

  • 11

    A borrowed from B, C and D ₱9,000. Unless the contrary appears, the obligation is prime facie a joint one. In this case, there is one debt and three credits. So, each creditor can only demand ₱3,000 from A.

    Solidary

  • 12

    where the whole obligation is to be paid of fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors.

    Joint

  • 13

    S obliged himself to deliver to B a specific car on November 15

    Indivisible

  • 14

    D agreed to pay C ₱10,000 in four equal monthly installments

    Divisible

  • 15

    Three Kinds of Divisible Obligation

    Quality, Quantity, Ideal or Intellectual

  • 16

    It is one which exists only in minds of the parties.

    Ideal or Intellectual

  • 17

    A and B are heirs of C. If the inheritance consists only of rice field, its partition by metes and bonds into two equal parts

    Quantitative

  • 18

    A and B are heirs of C. They agreed to divide their inheritance as follows: A – a house and lot and home appliances and B – a rice field, a car and ₱10,000 cash. Bulacan Agricultural State College

    Qualitative

  • 19

    A and B are heirs of C. As co-owners their one-half shares in the car are not separable in a material way but only mentally.

    Ideal or Intellectual

  • 20

    Kinds of Indivisible Obligation

    Legal, Conventional, National

  • 21

    where a specific provision of law declares as indivisible, obligations which, by their nature, are divisible

    Legal

  • 22

    where the will of the parties makes as indivisible, obligations which, by their nature, are divisible.

    Conventional

  • 23

    It is where the nature of the object or prestation does not admit of division

    Natural

  • 24

    one which is attached to a principal obligation and, therefore, cannot stand alone.

    Accessory

  • 25

    one which can stand by itself and does not depend for its validity and existence upon another obligations.

    Principal

  • 26

    one which contains an accessory undertaking to pay previously stipulated indemnity in case of breach of the principal prestation intended primarily to induce its fulfillment.

    Obligation with Penal Clause

  • 27

    accessory undertaking attached to an obligation to assume greater liability in case of breach.

    Penal Clause

  • 28

    Kinds of Penal Clauses

    Legal, Conventional, Punitive, Subsidiary or Alternative, Compensatory, Joint or Cumulative

  • 29

    both the principal obligation and the penal clause can be enforced.

    Joint or Cumulative

  • 30

    penalty can be enforced.

    Subsidiary or Alternative

  • 31

    penalty is imposed merely as punishment of breach.

    Punitive

  • 32

    penalty takes the place of damage

    Compensatory

  • 33

    not only the delivery of money but also the performance, in any other manner, of an obligation

    Payment

  • 34

    Special Form of Payment

    Application of Payment, Dation in Payment, Payment by Cession, Tender or Payment, Consignation

  • 35

    D owes C ₱30,000. To fulfill the obligation, D with the consent of C, delivers a piano.

    Dation

  • 36

    conveyance of ownership of a thing as an accepted equivalent of performance.

    Dation

  • 37

    assignment or abandonment of all the properties of the debtor for the benefit of his creditors in order that the latter may sell the same and apply the proceeds thereof to the satisfaction of their credits.

    Cession

  • 38

    designation of the debt to which should be applied the payment made by a debtor who has various debts of the same kind in favor of one and the same creditor.

    Application

  • 39

    act of depositing the thing or amount due with the proper court when the creditor does not desire or cannot receive it, after complying with the formalities required by law.

    Consignation

  • 40

    is the act, on the part of the debtor, of offering to the creditor the thing or amount due

    Tender

  • 41

    gratuitous abandonment by the creditor of his right against the debtor.

    Condonation or Remission

  • 42

    Kinds of Remission

    Express, Implied, Complete, Partial, Inter Vivos, Mortis Causa

  • 43

    can only be inferred from conduct

    Implied

  • 44

    made either verbally or in writing.

    Express

  • 45

    when it will become effective upon the death of the donor.

    Mortis Causa

  • 46

    when it will take effect during the lifetime of the donor.

    Inter Vivos

  • 47

    A owes B the amount of ₱1,000 and B owes A ₱700. Both debts are due and payable today

    Compensation

  • 48

    extinguishment to the concurrent amount of debts of two persons who, in their own right, are debtors and creditors of each other

    Compensation

  • 49

    meeting in one person of the qualities of creditor and debtor with respect to the same obligations.

    Confusion or Merger

  • 50

    Kinds of Compensation

    Total, Partial, Legal, Voluntary, Judicial, Facultative

  • 51

    when both obligations are of the same amount and are entirely extinguished.

    Total

  • 52

    when the two obligations are different amounts and a balance remains

    Partial

  • 53

    when it takes place by agreement of the parties.

    Voluntary

  • 54

    can be set up only by one of the parties

    Facultative

  • 55

    when it takes place by order from the court in a litigation.

    Judicial

  • 56

    total or partial extinction of an obligation through the creation of a new one which substitutes it.

    Novation