Lecture 1 Part 3

56問 • 1年前

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通報

問題一覧

there is only one prestation.

Simple

there are two or more prestation.

Compound

several prestation and all of them are due.

Conjunctive

two or more prestation is due

Distributive

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

Facultative

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

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

Collective

when there is only one obligor or one obligee.

Individual

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

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

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

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

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

Indivisible

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

Divisible

Three Kinds of Divisible Obligation

Quality, Quantity, Ideal or Intellectual

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

Ideal or Intellectual

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

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

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

Kinds of Indivisible Obligation

Legal, Conventional, National

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

Legal

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

Conventional

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

Natural

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

Accessory

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

Principal

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

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

Penal Clause

Kinds of Penal Clauses

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

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

Joint or Cumulative

penalty can be enforced.

Subsidiary or Alternative

penalty is imposed merely as punishment of breach.

Punitive

penalty takes the place of damage

Compensatory

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

Payment

Special Form of Payment

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

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

Dation

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

Dation

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

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

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

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

Tender

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

Condonation or Remission

Kinds of Remission

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

can only be inferred from conduct

Implied

made either verbally or in writing.

Express

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

Mortis Causa

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

Inter Vivos

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

Compensation

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

Compensation

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

Confusion or Merger

Kinds of Compensation

Total, Partial, Legal, Voluntary, Judicial, Facultative

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

Total

when the two obligations are different amounts and a balance remains

Partial

when it takes place by agreement of the parties.

Voluntary

can be set up only by one of the parties

Facultative

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

Judicial

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

Novation

Lecture 1 Part 1

Lecture 1 Part 1

Lecture 1 Part 2

Lecture 1 Part 2

Lecture 7 (Stream Velocities)

ユーザ名非公開 · 47問 · 1年前

Lecture 7 (Stream Velocities)

GEOE (Lecture 1-3)

GEOE (Lecture 1-3)

Laws Related to Geodetic Engineering

ユーザ名非公開 · 31問 · 1年前

Laws Related to Geodetic Engineering

31問 • 1年前

ユーザ名非公開

Geodetic Engineering Laws

ユーザ名非公開 · 10問 · 1年前

Geodetic Engineering Laws

Midterms

Midterms

Lesson 6

Lesson 6

Lesson 7A

Lesson 7A

Lesson 7B

Lesson 7B

Lesson 7C

Lesson 7C

Lecture 2

Lecture 2

Lecture 1

Lecture 1

Lecture 2

Lecture 2

Lesson 1

ユーザ名非公開 · 28問 · 11ヶ月前

Lesson 1

28問 • 11ヶ月前

ユーザ名非公開

History

ユーザ名非公開 · 10問 · 11ヶ月前

History

Lesson 2

Lesson 2

Lesson 3

ユーザ名非公開 · 38問 · 11ヶ月前

Lesson 3

38問 • 11ヶ月前

ユーザ名非公開

問題一覧

there is only one prestation.

Simple

there are two or more prestation.

Compound

several prestation and all of them are due.

Conjunctive

two or more prestation is due

Distributive

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

Facultative

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

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

Collective

when there is only one obligor or one obligee.

Individual

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

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

Solidary

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

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

Indivisible

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

Divisible

Three Kinds of Divisible Obligation

Quality, Quantity, Ideal or Intellectual

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

Ideal or Intellectual

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

Qualitative

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

Kinds of Indivisible Obligation

Legal, Conventional, National

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

Legal

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

Conventional

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

Natural

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

Accessory

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

Principal

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

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

Penal Clause

Kinds of Penal Clauses

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

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

Joint or Cumulative

penalty can be enforced.

Subsidiary or Alternative

penalty is imposed merely as punishment of breach.

Punitive

penalty takes the place of damage

Compensatory

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

Payment

Special Form of Payment

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

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

Dation

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

Dation

Cession

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

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

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

Tender

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

Condonation or Remission

Kinds of Remission

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

can only be inferred from conduct

Implied

made either verbally or in writing.

Express

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

Mortis Causa

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

Inter Vivos

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

Compensation

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

Compensation

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

Confusion or Merger

Kinds of Compensation

Total, Partial, Legal, Voluntary, Judicial, Facultative

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

Total

when the two obligations are different amounts and a balance remains

Partial

when it takes place by agreement of the parties.

Voluntary

can be set up only by one of the parties

Facultative

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

Judicial

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

Novation