1. OBLIGATION with a PERIOD
● payable soonest
● obligation payable “little by little”
● Payable within “2 years from today”
NOT an obligation with a period
● will pay you P10,000 “IF I LIKE”
2. If the obligation is payable in foreign currency the creditor can compel the debtor to pay in
foreign currency as per agreement.
3. False Statement: I will pay P10,000 “soonest” is for the benefit of the debtor.
●
for the benefit of both the creditor & debtor
FACTS:
●
The nullity of the principal carries with it that of the penal clause.
●
Proof of actual damages suffered by the creditor is not necessary in order that the
penalty may be demanded.
●
Condonation is essentially gratuitous.
4. “I’ll give you my car one year after your death”
● The obligation is VOID, not legally possible.
5. “A sold his cow to B for 2,500. NO DATE WAS STIPULATED for the delivery of the of the
cow”
“....While still in the possession of A, the cow gave birth to a calf”
●
B is entitled to the calf which was born after the perfection of the contract.
6. False statement : the concurrence of more than one creditor than one debtor in one and the
same obligation implies solidarity.
●
Collective obilgation. It may be joint or solidary.
False statement: in alternative obligations where the right of choice is exercised by the creditor,
consent of the debtor as to the creditor’s choice of which prestation to perform is necessary.
7. FACULTATIVE COMPENSATION
●
kind of compensation which may only be raised by the creditor and not by the debtor
to give gratuitous support.
8. FACTS:
●
Legal Compensation takes place by operation of law even if the parties may not be
aware of it.
False Statement: the indivisibility of an obligation necessarily implies solidarity.
9. FACTS:
●
Responsibility arising from fraud is demandable in all obligations. A waiver of an action
for FUTURE FRAUD is VOID.
●
when the fulfillment of the condition depends upon the sole will of the debtor, the
conditional obligation shall be VOID. If it depends upon chance or upon the will of a
third person, the obligation shall take effect in the conformity with the provision of laws.
10. FACTS
●
D obliged himself to give C a SPECIFIC CAR tomorrow. If D FAILED to deliver tomorrow
AFTER DEMAND is made, C may compel D to do his obligation and may ask for
damages.
●
D obliged himself to deliver a CAR (GENERIC) to C tomorrow. If D FAILED to deliver
tomorrow after demand is made, C’s right is ask a third person to deliver a car to
him at the expense of D plus damages.
11. A person obliged to give something must preserve the object using a standard of care or
diligence. This standard of care or diligence may be:
● diligence provided by law
● diligence provided by agreement of the parties
● Diligence of a good father of a family
12. CONJOINT OBLIGATION
● an obligation wherein various things are due but the complete performance of all of
them is necessary to extinguish the obligation.
13. D1, D2 & D3 are SOLIDARY Debtors of C for 30,000. The obligation was in WRITING. After
the lapsed of 10-year prescriptive period, which of the following incorrect?
FACTS:
●
if D1 paid C knowing that the obligation has already prescribed, D1 cannot ask
reimbursement fro D2 & D3
●
If D1 paid C not knowing that the obligation has already prescribed, D1 cannot ask
reimbursement fro D2 & D3
●
If D1 paid C knowing that obligation has already prescribed, his right is to proceed
against C because there was undue payment.
14. S owns a SPECIFIC ring & sells it to B for 10,000. B paid S the price, and S promised
to.deliver the ring FIVE DAYS AFTER. After the sale, S gets a loan from X and pledged the ring
in a private instrument.
●
Between B & X, B has got a better title because the pledged did not appear in a public
instrument.
15. S sold to B a SPECIFIC CAR for 10,000 and promised to deliver in Dec. 25, 2010. The next
day, after the sale is made, he sold the same car to X and delivered it to X on the same day. If
no delivery is made by S to B on Dec. 26, 2010. Which of the following is correct?
●
S is in default, even if there was no demand. Hence, he will answer for damages
16. NOVATION
● change of person or object
17.