1 – DEFINE OBLIGATION.

1 – ANSWER:
A JURIDICAL NECESSITY TO GIVE, TO DO OR
NOT TO DO.
2 – FIVE SOURCES OF OBLIGATION
 2 – ANSWER:
LAW, CONTRACTS, QUASI-CONTRACTS,
DELICTS, QUASI DELICTS
3 – TWO KINDS OF QUASI-CONTRACTS
 3 – ANSWER:
NEGOTIORUM GESTIO, SOLUTIO INDEBITI
4 – EXPLAIN THE CONCEPT OF DETERMINATE
AND GENERIC THINGS
 4 – ANSWER:
A THING IS DETERMINATE IF IT CAN BE
PARTICULARLY DESIGNATED OR PHYSICALLY
SEGREGATED FROM ALL OTHERS OF THE
SAME CLASS WHY GENERIC THINGS CANNOT.
5 – OBLIGATIONS OF ONE OBLIGED TO GIVE A
DETERMINATE THING
 5 – ANSWER:
EXERCISE THE RIGHT LEVEL OF DILIGENCE
AND DELIVER THE THING, FRUITS,
ACCESSIONS AND ACCESSORIES. [DTFA]
 6 – REMEDIES OF THE CREDITOR IF THE
DEBTOR FAILS TO PERFORM HIS OBLIGATION
TO DELIVER A DETERMINATE THING
 6 – ANSWER:
1) COMPEL THE DEBTOR TO MAKE THE
DELIVERY AND 2) DEMAND DAMAGES FROM
THE DEBTOR
 7 – REMEDIES OF THE CREDITOR IF THE
DEBTOR FAILS TO PERFORM HIS OBLIGATION
TO DELIVER A GENERIC THING
 7 – ANSWER:
1) ASK THAT THE OBLIGATION BE COMPLIED
WITH AT THE EXPENSE OF THE DEBTOR AND
2) DEMAND DAMAGES FROM THE DEBTOR
 8 – REMEDIES OF THE CREDITOR IF THE
DEBTOR FAILS TO PERFORM HIS OBLIGATION
IN OBLIGATIONS TO DO
 8 – ANSWER:
1) HAVE THE OBLIGATION EXECUTED AT THE
EXPENSE OF THE DEBTOR AND 2) DEMAND
DAMAGES FROM THE DEBTOR
 9 – REMEDIES OF THE CREDITOR IF THE
DEBTOR PERFORMS THE OBLIGATION BUT
DOES IT POORLY OR CONTRAVENES TO THE
TENOR THEREOF IN OBLIGATIONS TO DO
 9 – ANSWER:
1) HAVE THE PERFORMANCE BE UNDONE AT
THE DEBTOR’S EXPENSE AND 2) DEMAND
DAMAGES FROM THE DEBTOR
 10 – REMEDIES OF THE CREDITOR IF THE
DEBTOR DOES WHAT HAS BEEN FORBIDDEN
HIM
 10 – ANSWER:
1) DEMAND THAT WHAT HAS BEEN DONE BE
UNDONE AND 2) DEMAND DAMAGES FROM
THE DEBTOR
11 – FOUR GROUNDS FOR LIABILITY TO PAY
DAMAGES
 11 – ANSWER:
FRAUD, NEGLIGENCE, DELAY,
CONTRAVENTION OF THE TENOR OF THE
OBLIGATION [FNDC]
12 – SIX KINDS OF DAMAGES
 12 – ANSWER:
ACTUAL, MORAL, NOMINAL, TEMPERATE,
LIQUIDATED, EXEMPLARY [MANTEL]
13 – TWO KINDS OF FRAUD IN OBTAINING
CONSENT
 13 – ANSWER:
CAUSAL FRAUD (DOLO CAUSANTE) AND
INCIDENTAL FRAUD (DOLO INCIDENTE)
14 – TWO KINDS OF OBLIGATION ACCORDING
TO TIME OF COMMISION
 14 – ANSWER:
FUTURE AND PAST FRAUD
15 – THREE KINDS OF NEGLIGENCE
 15 – ANSWER:
CONTRACTUAL (CULPA CONTRACTUAL), CIVIL
(CULPA AQUILIANA), CRIMINAL (CULPA
CRIMINAL)
16 – THREE KINDS OF DELAY
 16 – ANSWER:
MORA SOLVENDI, MORA ACCIPIENDI,
COMPENSATIO MORAE
17 – TWO KINDS OF MORA SOLVENDI
 17 – ANSWER:
EX RE AND EX PERSONA
18 – FOUR REQUISITES OF DELAY
 18 – ANSWER:
1) OBLIGATION IS DEMANDABLE AND
LIQUIDATED, 2) DEBTOR DOES NOT PERFORM
THE OBLIGATION, 3) CREDITOR DEMANDS THE
PERFORMANCE EITHER JUDICIALLY OR EXTRA-
JUDICIALLY, 4) DEBTOR FAILS TO COMPLY WITH
SUCH DEMAND
19 – FIVE CASES WHEN DELAY WILL EXIST
EVEN WITHOUT DEMAND
 19 – ANSWER:
WHEN THE LAW SO PROVIDES, WHEN THE
OBLIGATION EXPRESSLY SO DECLARES, WHEN
TIME IS OF THE ESSENCE, WHEN DEMAND
WOULD BE USELESS, IN RECIPROCAL
OBLIGATIONS WHERE ONE OF THE PARTIES
FULFILLS HIS OBLIGATION
20 – EFFECTS OF DEFAULT ON THE PART OF
THE DEBTOR
 20 – ANSWER:
SHALL BE LIABLE FOR DAMAGES & SHALL BE
LIABLE FOR ANY FORTUITOUS EVENT UNTIL
DELIVERY (DETERMINATE THINGS)
21 – EFFECTS OF DELAY ON THE PART OF THE
CREDITOR
 21 – ANSWER:
BEAR THE RISK OF LOSS AND THE EXPENSES
FOR THE PRESERVATION OF THE THING & THE
DEBTOR MAY RESORT TO THE CONSIGNATION
OF THE THING DUE
22 – TWO KINDS OF FORTUITOUS EVENTS
 22 – ANSWER:
ACTS OF GOD (CASO FORTUITO) & ACTS OF
MAN (FORCE MAJEURE)
 23 – FOUR CASES WHERE THE OBLIGOR
BECOMES LIABLE FOR FORTUITOUS EVENTS
 23 – ANSWER:
WHEN THE LAW EXPRESSLY SO PROVIDES,
WHEN IT HAS BEEN AGREED UPON BY THE
PARTIES, WHEN THE NATURE OF THE
OBLIGATION REQUIRES THE ASSUMPTION OF
RISK, WHEN THE DEBTOR IS IN LEGAL DELAY
24 – PRESUMPTIONS ON RECEIPT OF
PRINCIPAL OR LATER INSTALLMENTS
 24 – ANSWER:
WHEN THE CREDITOR MAKES NO
RESERVATION AS TO THE INTEREST OR PRIOR
INSTALLMENTS, IT IS PRESUMED THAT THEY
HAVE BEEN PAID
 25 – THREE REMEDIES OF CREDITOR TO
ENFORCE PAYMENT OF HIS CLAIMS AGAINST
DEBTOR
 25 – ANSWER:
ACCION DIRECTA, ACCION SUBROGATORIA,
ACCION PAULIANA
26 – THREE INSTANCES WHERE RIGHTS ARE
NOT TRANSMISSIBLE
 26 – ANSWER:
IF THE LAW PROHIBITS TRANSMISSION, IF THE
PARTIES AGREED AGAINST TRANSMISSION, IF
THE RIGHT BY NATURE IS NOT TRANSMISSIBLE
27 – EIGHT PRIMARY CLASSIFICATIONS OF
OBLIGATIONS UNDER THE CIVIL CODE
 27 – ANSWER:
PURE, CONDITIONAL, WITH A PERIOD,
ALTERNATIVE, FACULTATIVE, JOINT, SOLIDARY,
DIVISIBLE
28 – TWO TYPES OF CONDITION ACCORDING
TO EFFECT ON DEMANDABILITY OF
OBLIGATION
 28 – ANSWER:
SUSPENSIVE AND RESOLUTORY
29 – THREE TYPES OF CONDITION ACCORDING
TO WHOSE WILL THE CONDITION DEPENDS
UPON
 29 – ANSWER:
POTESTATIVE, CASUAL, MIXED
30 – POSSIBLE VS. IMPOSSIBLE CONDITION
 30 – ANSWER:
POSSIBLE – ONE THAT IS CAPABLE OF
FULFILLMENT IN ITS NATURE AND BY LAW,
IMPOSSIBLE – ONE THAT IS NOT
31 – POSITIVE VS. NEGATIVE CONDITION
 31 – ANSWER:
POSITIVE – SOMETHING HAS TO HAPPEN
NEGATIVE – SOMETHING SHOULD NOT
HAPPEN (BOTH WITHIN A PERIOD OF TIME)
32 – DIVISIBLE VS. INDIVISIBLE OBLIGATION
 32 – ANSWER:
DIVISIBLE – CAPABLE OF PARTIAL
PERFORMANCE
INDIVISIBLE – INCAPABLE OF PARTIAL
PERFORMANCE
33 – EFFECT OF FULFILLMENT OF SUSPENSIVE
CONDITION AND THE TWO EXCEPTIONS TO IT
 33 – ANSWER:
IT RETROACTS TO THE DAY OF THE
CONSTITUTION OF THE OBLIGATION EXCEPT
IN RECIPROCAL AND UNILATERAL
OBLIGATIONS
 34 – RIGHTS OF THE PARTIES (DEBTOR AND
CREDITOR) BEFORE THE FULFILLMENT OF THE
CONDITION
 34 – ANSWER:
CREDITOR – BRING APPROPRIATE ACTIONS
FOR THE PRESERVATION OF HIS RIGHT
DEBTOR – RECOVER WHAT HE HAS PAID BY
MISTAKE
35 – EFFECT WHEN THE DEBTOR VOLUNTARILY
PREVENTS THE FULFILLMENT OF THE
CONDITION
 35 – ANSWER:
THE OBLIGATION BECOMES IMMEDIATELY
DEMANDABLE
36 – RULES IN CASE OF LOSS OF DETERMINATE
THING WITH AND WITHOUT DEBTOR’S FAULT
 36 – ANSWER:
WITH DEBTOR’S FAULT – DEBTOR IS OBLIGED
TO PAY DAMAGES
WITHOUT DEBTOR’S FAULT – THE OBLIGATION
IS EXTINGUISHED
37 – RULES IN CASE OF DETERIORATION OF
THE DETERMINATE THING WITH AND
WITHOUT DEBTOR’S FAULT
 37 – ANSWER:
WITH DEBTOR’S FAULT – CREDITOR MAY
CHOOSE BETWEEN RECISSION + DAMAGES OR
FULFILLMENT + DAMAGES
WITHOUTH DEBTOR’S FAULT – THE
IMPAIRMENT SHALL BE BORNE BY THE
CREDITOR
 38 – RULES IN CASE OF IMPROVEMENT OF
DETERMINATE THING BY NATURE OR BY TIME
AND AT THE EXPENSE OF THE DEBTOR
 38 – ANSWER:
BY NATURE OR BY TIME – THE IMPROVEMENT
SHALL BE FOR THE BENEFIT OF THE CREDITOR
AT THE EXPENSE OF THE DEBTOR – THE
DEBTOR CAN ONLY BE GRANTED
USUFRUCTUARY RIGHTS
39 – RULES IN CASE OF FULFILLMENT OF
RESOLUTORY CONDITION
 39 – ANSWER:
THE OBLIGATION IS EXTINGUISHED, THE
PARTIES SHALL RETURN TO EACH OTHER
WHAT THEY HAVE RECEIVED, AND THE SAME
RULES APPLY IN CASE OF LOSS,
DETERIORATION OR IMPROVEMENT OF THE
TIHING (ART. 1189)
40 – CONCEPT OF RECIPROCAL OBLIGATIONS
 40 – ANSWER:
IN A RECIPROCAL OBLIGATION, EACH PARTY IS
A DEBTOR AND A CREDITOR OF THE OTHER
41 – REMEDIES OF THE INJURED PARTY IN
RECIPROCAL OBLIGATION
 41 – ANSWER:
RECISSION WITH DAMAGES OR FULFILLMENT
OF THE OBLIGATION WITH DAMAGES (BUT
NOT BOTH)
42 – PERIOD VS. DAY CERTAIN
 42 – ANSWER:
PERIOD – SPACE OF TIME
DAY CERTAIN – A POINT IN TIME WHICH MUST
NECESSARILY HAPPEN ALTHOUGH IT MAY NOT
BE KNOWN WHEN
43 – FIVE KINDS OF PERIOD
 43 – ANSWER:
EX DIE (SUSPENSIVE), IN DIEM (RESOLUTORY),
LEGAL, VOLUNTARY, JUDICIAL
44 – INSTANCES WHEN THE COURT MAY FIX
THE PERIOD
 44 – ANSWER:
WHEN IT CAN BE INFERRED THAT A PERIOD
WAS INTENDED, WHEN THE DURATION OF
THE PERIOD DEPENDS UPON THE WILL OF THE
DEBTOR
45 – PRESUMPTIONS AS TO WHO HAS THE
BENEFIT OF THE PERIOD
 45 – ANSWER:
IT IS PRESUMED TO HAVE BEEN ESTABLISHED
FOR THE BENEFIT OF BOTH THE CREDITOR
AND THE DEBTOR
46 – FIVE INSTANCES WHEN THE CREDITOR
MAY DEMAND IMMEDIATE PAYMENT IN
OBLIGATIONS WITH A PERIOD
 46 – ANSWER:
WHEN THE DEBTOR BECOMES INSOLVENT,
FAILS TO FURNISH THE GUARANTEES OR
SECURITIES THAT HE HAS PROMISED, IMPAIRS
THE SAID GUARANTEES OR SECURITIES BY HIS
OWN ACT OR BY FORTUITOUS EVENT UNLESS
HE GIVES A NEW AND SIMILAR ONE, VIOLATES
ANY UNDERTAKING, ATTEMPTS TO ABSCOND
[IFIVA]
47 – TWO KINDS OF OBLIGATIONS
ACCORDING TO THE NUMBER OF
PRESTATIONS
 47 – ANSWER:
SIMPLE AND COMPOUND OBLIGATIONS
48 – TWO KINDS OF COMPOUND
OBLIGATIONS
 48 – ANSWER:
CONJUNCTIVE AND
DISJUNCTIVE/DISTRIBUTIVE
 49 – WHO HAS THE RIGHT TO CHOOSE
PRESTATION IN ALTERNATIVE OBLIGATIONS
 49 – ANSWER:
THE DEBTOR, UNLESS EXPRESSLY GIVEN TO
THE CREDITOR
50 – TWO LIMITATIONS ON DEBTOR’S RIGHT
TO CHOOSE
 50 – ANSWER:
THE DEBTOR MUST COMPLETELY PERFORM
THE PRESTATION CHOSEN (NOT PART OF ONE
AND PART OF ANOTHER UNDERTAKING), HE
CANNOT CHOOSEE THOSE PRESTATIONS
WHICH ARE IMPOSSIBLE OR UNLAWFUL OR
COULD NOT HAVE BEEN THE OBJECT OF THE
OBLIGATION
 51 – THREE INSTANCES WHEN THE
OBLIGATION CEASES TO BE ALTERNATIVE AND
BECOMES A SIMPLE OBLIGATION
 51 – ANSWER:
WHEN THE DEBTOR HAS COMMUNICATED HIS
CHOICE TO THE CREDITOR, WHEN ONLY ONE
PRESTATION REMAIN PRACTICABLE, WHEN
THE CREDITOR HAS COMMUNICATED HIS
CHOICE TO THE DEBTOR IF THE RIGHT TO
CHOOSE HAS BEEN EXPRESSLY GIVEN TO HIM
52 – FIVE RULES IN CASE OF LOSS OF THINGS
OR IMPOSSIBILITY OF SERVICES WHICH ARE
ALTERNATIVELY THE OBJECT OF THE
OBLIGATION BEFORE THE CHOICE OF THE
DEBTOR IS COMMUNICATED (RIGHT IS WITH
DEBTOR)
52 – ANSWER:
MAHABA
53 – FOUR RULES IN CASE OF LOSS OF THINGS
OR IMPOSSIBILITY OF SERVICES WHICH ARE
ALTERNATIVELY THE OBJECT OF THE
OBLIGATION BEFORE THE CHOICE OF THE
CREDITOR IS COMMUNICATED (RIGHT IS WITH
CREDITOR)
53 – ANSWER:
MAHABA
54 – RULES IN CASE OF LOSS OF PRINCIPAL
THING AND SUBSTITUTE BEFORE
SUBSTITUTION
 54 – ANSWER:
BEFORE SUBSTITUTION:
PRINCIPAL – FORTUITOUS EVENT
(EXTINGUISHED), DEBTOR’S FAULT (LIABILITY
TO PAY DAMAGES)
SUBSTITUTE – NO EFFECT, FORTUITOUS EVENT
OR DEBTOR’S FAULT
 55 – RULES IN CASE OF LOSS OF PRINCIPAL
THING AND SUBSTITUTE AFTER SUBSTITUTION
 55 – ANSWER:
PRINCIPAL – NO EFFECT, FORTUITOUS EVENT
OR DEBTOR’S FAULT
SUBSTITUTE – FORTUITOUS EVENT
(EXTINGUISHED), DEBTOR’S FAULT (LIABILITY
TO PAY DAMAGES)
56 – THREE KINDS OF SOLIDARY OBLIGATIONS
 56 – ANSWER:
PASSIVE SOLIDARITY, ACTIVE SOLIDARITY,
MIXED SOLIDARITY
57 – FIVE TERMS FOR SOLIDARY OBLIGATIONS
 57 – ANSWER:
JOINTLY AND SEVERALLY, INDIVIDUALLY AND
COLLECTIVELY, IN SOLIDUM, MANCOMUNADA
SOLIDARIA, JUNTOS O SEPARADAMENTE
58 – FOUR TERMS FOR JOINT OBLIGATION
 58 – ANSWER:
PROPORTIONATELY, PRO RATA,
MANCOMUNADA, MANCOMUNADA SIMPLE
 59 – THREE EXEMPTIONS TO THE JOINT
OBLIGATION PRESUMPTION MAKING THE
OBLIGATION SOLIDARY
 59 – ANSWER:
WHEN THE OBLIGATION EXPRESSLY SO STATES,
WHEN THE LAW REQUIRES SOLIDARITY, WHEN
THE NATURE OF THE OBLIGATION REQUIRES
SOLIDARITY
60 – EXPLAIN THE CONCEPT OF EXISTENCE OF
SOLIDARITY DESPITE DIFFERENT PERIODS AND
CONDITIONS
 60 – ANSWER:
GIVE AN EXAMPLE
61 – EFFECT OF UNAUTHORIZED ASSIGNMENT
OF CREDITOR’S RIGHT
 61 – ANSWER:
THE NON-ASSIGNING CREDITORS MAY
RECOVER THEIR RESPECTIVE SHARES FROM
THE ASSIGNING CREDITOR IN CASE THE
ASSIGNEE WHO HAS COLLECTED THE DEBT
FAILS TO GIVE THEM THEIR SHARES
62 – THREE DEFENSES AVAILABLE TO
SOLIDARY DEBTORS
 62 – ANSWER:
THOSE DERIVED FROM THE NATURE OF THE
OBLIGATION, THOSE PERSONAL TO THE
DEBTOR BEING SUED, THOSE PERSONAL TO
OTHER DEBTORS
63 – FIVE CHARACTERISTICS OF JOINT
INDIVISIBLE OBLIGATION
 63 – ANSWER:
ALL CREDITORS MUST MAKE THE DEMAND, THE
DEMAND MUST BE MADE AGAINST ALL DEBTORS,
THE RENUNCIATION MADE BY A JOINT CREDITOR
EXTINGUISHES ONLY HIS OWN SHARE, ONLY THE
DEBTOR WHO DOES NOT COMPLY WITH HIS
UNDERTAKING SHALL BE LIABLE FOR DAMAGES,
INSOLVENCY OF A DEBTOR SHALL NOT MAKE THE
OTHERS LIABLE FOR DAMAGES
64 – THREE OBLIGATIONS DEEMED DIVISIBLE
 64 – ANSWER:
WHEN THE OBLIGATION HAS FOR ITS OBJECT
THE EXECUTION OF A CERTAIN NUMBER OF
DAYS OF WORK, THE ACCOMPLISHMENT OF
WORK BY METRICAL UNITS, ANALOGOUS
THINGS SUSCEPTIBLE OF PARTIAL
PERFORMANCE
65 – THREE OBLIGATIONS DEEMED
INDIVISIBLE
 65 – ANSWER:
OBLIGATIONS TO GIVE DEFINITE THINGS,
THOSE NOT SUSCEPTIBLE OF PARTIAL
PERFORMANCE, THOSE THAT ARE TREATED
INDIVISIBLE BY PROVISION OF LAW, THOSE
INTENDED BY THE PARTIES TO BE INDIVISIBLE
66 – TWO FUNCTIONS OF PENAL CLAUSE
 66 – ANSWER:
TO PROVIDE LIQUIDATED DAMAGES, TO
STRENGTHEN THE COERCIVE FORCE OF THE
OBLIGATION
67 – FOUR KINDS OF PENAL CLAUSE
 67 – ANSWER:
LEGAL, CONVENTIONAL; SUBSIDIARY, JOINT
 68 – EXCEPTIONS WHEN ASIDE FROM
PENALTY, INTEREST AND DAMAGES MAY ALSO
BE DEMANDED
 68 – ANSWER:
WHEN THERE IS STIPULATION TO THAT
EFFECT, THE DEBTOR REFUSES TO PAY THE
PENALTY, THE DEBTOR IS GUILTY OF FRAUD IN
THE PERFORMANCE OF THE OBLIGATION
69 – CASES WHEN THE COURT MAY REDUCE
THE PENALTY
 69 – ANSWER:
WHEN THE OBLIGATION HAS BEEN PARTLY
COMPLIED WITH, THE OBLIGATION HAS BEEN
IRREGULARLY COMPLIED WITH, THE PERNALTY
HAS BEEN INIQUITOUS OR UNCONSCIONABLE
EVEN IF THERE HAS BEEN NO PERFORMANCE
70 – EFFECT OF NULLITY OF PRINCIPAL
OBLIGATION, PENAL CLAUSE
 70 – ANSWER:
THE NULLITY OF THE PRINCIPAL OBLIGATION
CARRIES WITH IT THE NULLITY OF THE PENAL
CLAUSE, THE NULLITY OF THE PENAL CLAUSE
DOES NOT CARRY WITH IT THE NULLITY OF
THE PRINCIPAL OBLIGATION
71 – ELEVEN CAUSES OF EXTINGUISHMENT OF
OBLIGATIONS
 71 – ANSWER:
PAYMENT OR PERFORMANCE, LOSS OF THE
THING DUE, CONDONATION/REMISSION,
CONFUSION, COMPENSATION, NOVATION,
ANNULMENT, RESCISSION, FULFILLMENT OF
RESOLUTORY CONDITION, PRESCRIPTION,
OTHER CAUSES
72 – FIVE RULES ON HOW PAYMENT MUST BE
MADE (AS TO DELIVERY OF THE THING OR
RENDITION OF THE SERVICE)
 72 – ANSWER:
THE DEBTOR OF A THING CANNOT COMPEL THE
CREDITOR TO ACCEPT A DIFFERENT ONE, AN ACT
CANNOT BE SUBSTITUTED BY ANOTHER ACT
AGAINST THE OBLIGEE’S WILL, IN OBLIGATIONS TO
GIVE A GENERIC THING – THE CREDITOR MAY NOT
ASK FOR A SUPERIOR QUALITY NOT THE DEBTOR TO
DELIVER AN INFERIOR ONE, MONETARY
OBLIGATIONS MUST BE PAID IN LEGAL TENDER
73 – TWO RULES ON HOW PAYMENT MUST BE
MADE (AS TO THE COMPLETENESS OF
PAYMENT OR PERFORMANCE)
 73 – ANSWER:
AN OBLIGATION SUBSTANTIALLY PERFORMED IN
GOOD FAITH MAY BE RECOVERED BY THE OBLIGEE
LESS THE DAMAGES HE SUFFERED, WHEN THE
OBLIGEE ACCEPTS THE PERFORMANCE KNOWING
ITS INCOMPLETENESS OR IRREGULARITY WITHOUT
EXPRESSING ANY PROTEST MAKES THE OBLIGATION
DEEMED FULLY COMPLIED WITH
74 – INSTANCES WHEN PARTIAL PAYMENTS
MAY BE MADE
 74 – ANSWER:
WHEN THERE IS AN AGREEMENT TO THAT
EFFECT, WHEN THE DEBT IS IN PART
LIQUIDATED AND IN PART UNLIQUIDATED
75 – CHARACTERISTICS POSSESSED BY THE
DEBTOR WHO MUST MAKE THE PAYMENT
 75 – ANSWER:
FREE DISPOSAL OF THE THING DUE, CAPACITY
TO ALIENATE THE THING
76 – TWO INSTANCES WHERE THE CREDITOR
IS BOUND TO ACCEPT PAYMENT BY A THIRD
PERSON
 76 – ANSWER:
WHERE THERE IS STIPULATION TO THAT
EFFECT, WHEN THE THIRD PERSON HAS AN
INTEREST IN THE FULFILLMENT OF THE
OBLIGATIONS SUCH AS A GUARANTOR OR CO-
DEBTOR
77 – RIGHTS OF A THIRD PERSON WHO MAKES
THE PAYMENT 1) WITH KNOWLEDGE AND
CONSENT OF THE DEBTOR 2) WITHOUT THE
KNOWLEDGE OR AGAINST THE WILL OF THE
DEBTOR
 77 – ANSWER:
1 – HE CAN RECOVER WHAT HE HAS PAID, HE
IS ENTITLED FOR SUBROGATION
2 – HE CAN RECOVER ONLY INSOFAR AS THE
PAYMENT HAS BEEN BENEFICIAL TO THE
DEBTOR
78 – TO WHOM SHALL PAYMENT BE MADE
 78 – ANSWER:
TO THE CREDITOR, CREDITOR’S SUCCESSORS
IN INTEREST (HEIRS OR ASSIGNS), ANY
PERSON AUTHORIZED TO RECEIVE PAYMENT
79 – TWO EXCEPTIONS WHERE PAYMENT TO
AN INCAPACITATED CREDITOR IS VALID
 79 – ANSWER:
IF THE CREDITOR HAS KEPT THE THING
DELIVERED, INSOFAR AS THE PAYMENT HAS
BEEN BENEFICIAL TO HIM
 80 – EXCEPTIONS WHERE PAYMENT TO
UNAUTHORIZED PERSON BECOMES VALID
 80 – ANSWER:
IF THE PAYMENT HAS REDOUNDED TO THE
BENEFIT OF THE CREDITOR (ASSIGNMENT,
RATIFICATION, DECEPTION), IF THE PAYMENT
IS MADE IN GOOD FAITH
81 – GARNISHMENT
 81 – ANSWER:
A COURT ORDER REQUIRING THE DEBTOR TO
RETAIN THE DEBT
82 – WHERE THE PAYMENT MUST BE MADE
 82 – ANSWER:
ACCORDING TO STIPULATION, PLACE WHERE
THE THING (DETERMINATE) IS LOCATED AT
THE CONSTITUTION, DOMICILE OF THE
DEBTOR (GENERIC)
83 – FOUR SPECIAL FORMS OF PAYMENT
 83 – ANSWER:
DATION IN PAYMENT, APPLICATION OF
PAYMENT, PAYMENT BY CESSION, TENDER OF
PAYMENT AND CONSIGNATION
84 – THREE RULES OF HOW APPLICATION IS
MADE IN THE ORDER OF PRIORITY
 84 – ANSWER:
DEBTOR APPLIES THE PAYMENT, CREDITOR
APPLIES THE PAYMENT SUBJECT TO DEBTOR’S
APPROVAL, WHEN NO ONE APPLIES THE
PAYMENT – THE PAYMENT IS APPLIED TO THE
DEBT MOST ONEROUS TO THE DEBTOR OR
PROPORTIANATELY WHEN DEBTS ARE OF
SAME NATURE AND BURDEN
85 – TWO KINDS OF PAYMENT BY CESSION
 85 – ANSWER:
VOLUNTARY/CONVENTIONAL, LEGAL
86 – FIVE STEPS TO BE PERFORMED FOR A
VALID TENDER OF PAYMENT AND
CONSIGNATION
 86 – ANSWER:
VALID TENDER OF PAYMENT, REFUSAL BY THE
CREDITOR WITH JUST CAUSE, NOTIFICATION
TO PERSONS INTERESTED ABOUT THE
INTENTION TO MAKE CONSIGNATION,
CONSIGNATION, NOTIFICATION THAT
CONSIGNATION HAS BEEN MADE
 87 – TWO EFFECTS OF DEBTOR’S
WITHDRAWAL OF THE SUM OR THING
CONSIGNED BEFORE THE ACCEPTANCE BY THE
CREDITOR OF THE CONSIGNATION OR THE
DECLARATION BY THE JUDGE THAT THE
CONSIGNATION HAS BEEN PROPERLY MADE
 87 – ANSWER:
THE OBLIGATION SHALL REMAIN IN FORCE,
THE CO-DEBTORS, GUARANTORS, AND
SURETIES ARE NOT RELEASED
 88 – TWO EFFECTS OF DEBTOR’S
WITHDRAWAL OF THE SUM OR THING
CONSIGNED AFTER THE ACCEPTANCE BY THE
CREDITOR OF THE CONSIGNATION OR THE
DECLARATION BY THE JUDGE THAT THE
CONSIGNATION HAS BEEN PROPERLY MADE
 88 – ANSWER:
THE OBLIGATION SHALL BE REVIVED, THE
CREDITOR SHALL LOSE EVERY PREFERENCE
OVER THE THING, GUARANTORS AND
SURETIES ARE RELEASED UNLESS THAY
CONSENTED, SOLIDARY DEBTORS BECOME
JOINT DEBTORS
 89 – FOUR CASES WHEN CONSIGNATION,
WITHOUT A PREVIOUS TENDER OF PAYMENT
WILL PRODUCE THE SAME EFFECT
 89 – ANSWER:
WHEN THE CREDITOR IS ABSENT OR
UNKNOWN OR DOES NOT APPEAR IN THE
PLACE OF PAYMENT, THE CREDITOR IS
INCAPACITATED TO RECEIVE THE PAYMENT,
TWO OR MORE PERSONS CLAIM THE SAME
RIGHT TO COLLECT, THE TITLE OF THE
OBLIGATION HAS BEEN LOST
90 – TYPES OF PRESTATION THAT CAN BE
SUBJECT TO LOSS
 90 – ANSWER: PRESTATIONS TO GIVE A
DETERMINATE THING, TO GIVE A GENERIC
THING, TO DO SOMETHING
 91 – SIX INSTANCES WHEN THE LOSS OF A
DETERMINATE THING DOES NOT EXTINGUISH
THE OBLIGATION
 91 – ANSWER:
THE LOSS IS DUE TO DEBTOR’S FAULT, THE DEBTOR
HAS INCURRED IN DELAY, WHEN PROVIDED BY LAW
(SAME THING TO TWO PERSONS, DIFFERENT
INTERESTS), STIPULATED BY THE PARTIES, NATURE
OF THE OBLIGATION REQUIRES THE ASSUMPTION
OF RISK, WHEN THE DEBT PROCEEDS FROM A
CRIMINAL OFFENSE (UNLESS CREDITOR REFUSES
TO RECEIVE)
92 – GENUS NUNQUAM PERIT AND
DELIMITED GENERIC THING
 92 – ANSWER:
LOSS OF GENERIC THING DOES NOT
EXTINGUISH THE OBLIGATION, LOSS OF
DELIMITED GENERIC THING EXTINGUISHES
THE OBLIGATION
93 – CREDITOR’S RIGHT IF LOSS IS CAUSED BY
A THIRD PERSON
 93 – ANSWER:
DEBTOR’S OBLIGATION IS EXTINGUISHED, THE
CREDITOR MAY PROCEED AGAINST THE THIRD
PERSON, THE RIGHT IS AUTOMATICALLY
ASSIGNED BY LAW
94 – TWO KINDS OF CONDONATION AS TO
AMOUNT OR EXTENT
 94 – ANSWER:
TOTAL (PRINCIPAL AND ACCESSORY
OBLIGATIONS), PARTIAL (ACCESSORY
OBLIGATIONS ONLY)
95 – TWO KINDS OF CONDONATION AS TO
FORM
 95 – ANSWER:
EXPRESS (ORALLY OR IN WRITING), IMPLIED
96 – THREE RULES ON EXPRESS
CONDONATION
 96 – ANSWER:
IMMOVABLE PROPERTY – IN WRITING,
MOVABLE PROPERTY > 5000 – IN WRITING,
MOVABLE PROPERTY <= 5000 – ORALLY WITH
DELIVERY OF DOCUMENT REPRESENTING THE
RIGHT
 97 – EFFECT OF REMISSION OF PRINCIPAL
OBLIGATION ON THE ACCESSORY OBLIGATION
AND VICE VERSA
 97 – ANSWER:
THE REMISSION OF THE PRINCIPAL
OBLIGATION EXTINGUISHES THE ACCESSORY
OBLIGATION, THE REMISSION OF THE
ACCESSORY OBLIGATION DOES NOT CARRY
WITH IT THAT OF THE PRINCIPAL DEBT
98 – EFFECT OF MERGER WHICH TAKES PLACE
IN 1) THE PRINCIPAL DEBTOR, 2) THE PERSON
OF THE GUARANTOR
 98 – ANSWER:
1 – THE PRINCIPAL OBLIGATION AND THE
GUARANTEE ARE BOTH EXTINGUISHED
2 – ONLY THE GUARANTY IS EXTINGUISHED
 99 – EFFECT OF MERGER IN 1) JOINT
OBLIGATION, 2) SOLIDARY OBLIGATION
 99 – ANSWER:
1 – ONLY THE SHARE OF THE PERSON IN
WHOM THE CHARACTERS OF DEBTOR AND
CREDITOR CONCURRED WILL BE
EXTINGUISHED
2- THE WHOLE OBLIGATION IS EXTINGUISHED
100 – TWO KINDS OF COMPENSATION AS TO
AMOUNT OR EXTENT
 100 – ANSWER:
TOTAL AND PARTIAL COMPENSATION
101 – FOUR KINDS OF COMPENSATION
ACCORDING TO CAUSE OR ORIGIN
 101 – ANSWER:
LEGAL, VOLUNTARY/CONVENTIONAL,
JUDICIAL, FACULTATIVE COMPENSATION
102 – FIVE REQUISITES OF LEGAL
COMPENSATION
 102 – ANSWER:
THAT THE TWO PARTIES MUST BE PRINCIPAL
DEBTORS AND CREDITORS OF EACH OTHER,
THAT BOTH DEBTS CONSIST IN A SUM OF
MONEY OR SIMILAR CONSUMABLE THINGS,
THAT THE TWO DEBTS MUST BE DUE, THAT
BOTH DEBTS BE LIQUIDATED AND
DEMANDABLE, THAT OVER NEITHER THEM IS
SUBJECT TO AN ORDER OF RETENTION
 103 – FOUR INSTANCES WHERE LEGAL
COMPANSATION CANNOT EXIST, WHICH ARE
ALSO EXAMPLES OF FACULTATIVE
COMPENSATION
 103 – ANSWER:
CONTRACT OF DEPOSIT, CONTRACT OF
COMMODATUM, CLAIM FROM SUPPORT BY
GRATUITOUS TITLE, CIVIL LIABILITY ARISING
FROM A PENAL OFFENSE
104 – COMPENSATION WHEN THE DEBTS ARE
PAYABLE AT DIFFERENT PLACES
 104 – ANSWER:
THERE SHALL BE INDEMNITY FOR EXPENSES
OF EXCHANGE OR TRANSPORTATION TO THE
PLACE OF PAYMENT
105 – RULE ON APPLICATION OF PAYMENT TO
APPLY WHEN THERE ARE SEVERAL DEBTS
SUSCEPTIBLE OF COMPENSATION
 105 – ANSWER:
DEBTOR APPLIES THE PAYMENT, CREDITOR
APPLIES THE PAYMENT SUBJECT TO DEBTOR’S
APPROVAL, WHEN NO ONE APPLIES THE
PAYMENT – THE PAYMENT IS APPLIED TO THE
DEBT MOST ONEROUS TO THE DEBTOR OR
PROPORTIANATELY WHEN DEBTS ARE OF
SAME NATURE AND BURDEN
106 – THREE EFFECTS OF ASSIGNMENT ON
COMPENSATION OF DEBTS
 106 – ANSWER:
ASSIGNMENT WITH DEBTOR’S CONSENT – NO
COMPENSATION, ASSIGNMENT WITH
NOTIFICATION TO DEBTOR BUT NO CONSENT –
COMPENSATION IS ALLOWED TO DEBTS MATURING
BEFORE ASSIGNMENT BUT NOT SUBSEQUENT
ONES, ASSIGNMENT WITHOUT THE KNOWLEDGE
OF THE DEBTOR – COMPENSATION TO ALL
MATURING DEBTS BEFORE THE TIME HE OBTAINS
KNOWLEDGE OF THE ASSIGNMENT
 107 – COMPENSATION IN SOLIDARY
OBLIGATIONS 1) SOLIDARY DEBTORS, 2)
SOLIDARY DEBTORS
 107 – ANSWER:
1 & 2 – COMPENSATION IS POSSIBLE
1) SOLIDARY DEBTOR MAY BE REIMBURSED
BY OTHER DEBTORS
2) SOLIDARY CREDITOR IS OBLIGED TO GIVE
OTHER CREDITORS THEIR RESPECTIVE
SHARES
108 – FOUR REQUISITES OF NOVATION
 108 – ANSWER:
A PREVIOUS VALID OBLIGATION, AGREEMENT
TO MODIFY OR EXTINGUISH THE OBLIGATION
(EXCEPTIONS HERE), EXTINGUISHMENT OF
THE OLD OBLIGATION, VALIDITY OF THE NEW
OBLIGATION
 109 – THREE KINDS OF NOVATION
ACCORDING TO OBJECT OR PURPOSE
 109 – ANSWER:
REAL/OBJECTIVE, PERSONAL/SUBJECTIVE,
MIXED NOVATION
110 – TWO KINDS OF NOVATION WHERE THE
PERSON OF THE DEBTOR IS SUBSTITUTED
 110 – ANSWER:
(WITH THE CONSENT OF THE CREDITOR)
DELEGACION – WITH DEBTOR’S CONSENT
EXPROMISSION – WITHOUT DEBTOR’S
KNOWLEDGE OR AGAINST HIS WILL
111 – TWO EFFECTS OF EXPROMISSION
 111 – ANSWER:
NEW DEBTOR WHO HAS PAID CAN ONLY
COLLECT WHAT HAS BEEN BENEFICIAL TO THE
ORIGINAL DEBTOR & THERE WILL BE NO
SUBROGATION. IF NEW DEBTOR BECOMES
INSOLVENT THE ORIGINAL DEBTOR IS
RELEASED FROM LIABILITY.
112 – TWO EFFECTS OF DELEGACION
 112 – ANSWER:
THE NEW DEBTOR CAN COLLECT WHAT HE
HAS PAID AND IS ENTITLED TO SUBROGATION.
IF THE NEW DEBTOR BECOMES INSOLVENT,
THE ORIGINAL DEBTOR WILL BE HELD LIABLE
EXCEPT WHEN THE INSOLVENCY IS ALREADY
EXISTING AND KNOWN TO PUBLIC OR THE
ORIGINAL DEBTOR ALREADY KNOWS THAT
THE NEW DEBTOR IS INSOLVENT.
113 – TWO KINDS OF SUBROGATION
 113 – ANSWER:
CONVENTIONAL SUBROGATION (AS PER
AGREEMENT BY THREE PARTIES) & LEGAL
SUBROGATION (BY OPERATION OF LAW)
114 – THREE CASES WHERE LEGAL
SUBROGATION CAN BE PRESUMED
 114 – ANSWER:
WHEN A CREDITOR PAYS ANOTHER CREDITOR
WHO IS PREFERRED, A THIRD PERSON NOT
INTERESTED IN THE OBLIGATION PAYS WITH
DEBTOR’S CONSENT (DELEGACION), A THIRD
PERSON INTERESTED IN THE OBLIGATION PAYS
EVEN WITHOUT DEBTOR’S CONSENT
115 – TWO KINDS OF NOVATION ACCORDING
TO FORM
 115 – ANSWER:
EXPRESS AND IMPLIED NOVATION
116 – TWO KINDS OF NOVATION ACCORDING
TO EXTENT
 116 – ANSWER:
TOTAL/EXTINCTIVE AND
PARTIAL/MODIFICATORY NOVATION
 117 – RULES ON THE EFFECT OF
EXTINGUISHMENT OF PRINCIPAL OBLIGATION
THROUGH NOVATION WITH REGARD TO
ACCESSORY OBLIGATIONS
 117 – ANSWER:
ACCESSORY OBLIGATION SHALL BE
EXTINGUISHED EXCEPT WHEN:
IT IS FOR THE BENEFIT OF A THIRD PERSON
WHO DID NOT GIVE CONSENT, THERE WAS A
STIPULATION RETAINING THE ACCESSORY
OBLIGATION, WHEN A THIRD PERSON IS
SUBROGATED IN THE RIGHTS OF THE
CREDITOR
118 – EFFECT OF NOVATION IF NEW
OBLIGATION IS VOID
 118 – ANSWER:
NOVATION IS VOID AND ORIGINAL
OBLIGATION STILL SUBSISTS
119 – EFFECT TO NOVATION IF ORIGINAL
OBLIGATION IS VOID
 119 – ANSWER:
NOVATION IS VOID BECAUSE THERE IS NO
OBLIGATION TO BE EXTINGUISHED
120 – EFFECT TO NOVATION IF THE ORIGINAL
OBLIGATION IS VOIDABLE
 120 – ANSWER:
NOVATION IS VALID AND IT CURES WHATEVER
DDEFECTS ARE PRESENT IN THE ORIGINAL
OBLIGATION
121 – EFFECT TO NOVATION IF THE ORIGINAL
OBLIGATION IS SUBJECT TO A SUSPENSIVE OR
RESOLUTORY CONDITION
 121 – ANSWER:
THE NEW OBLIGATION SHALL BE SUBJECT TO
THE SAME CONDITION UNLESS OTHERWISE
STIPULATED BY THE PARTIES
 122 – PREFERENCE BETWEEN NEW AND
ORIGINAL CREDITOR IN CASE NEW CREDITOR
IS JUST PARTIALLY SUBROGATED
 122 – ANSWER:
THE ORIGINAL CREDITOR SHALL BE
PREFERRED.
123 – EFFECT OF REAL/OBJECTIVE NOVATION
IN SOLIDARY OBLIGATIONS
 123 – ANSWER:
IN CASE OF SOLIDARY CREDITORS, THE OTHER
CREDITORS WHO DID NOT GIVE CONSENT
MAY COLLECT FROM THE CREDITOR
INITIATING THE NOVATION. IN CASE OF
SOLIDARY DEBTORS THEY SHOULD COMPLY
WITH THE NEW PRESTATION.
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