Documents

WEEK-4

Description
Description:
Categories
Published
of 7
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Share
Transcript
  SECTION 3 : Alternave Obligaons (Arcles 1199-1206) 1. Defne the ollowing: 1. Alternave obligaon - debtor is alternavely bound with various prestaons that are due but the perormance o one o them is sucient to exnguish the obligaon. 2. Facultave obligaon - debtor is bound to perorm one prestaon is due to deliver one thing with a reserved right to choose another prestaon or thing as substute or the principal.2. What are the kinds o obligaon according to object? Defne each. ·1 Simple Obligaon - there is only one object ·2 Compound Obligaon - two or more prestaons3. To whom the right o choice belongs? Explain the limitaons o this right. ·3 The right o choice belongs to the debtor, unless it has been expressly granted to the creditor.4. What are the eects o choice made that has been communicated? ·4 The obligaon will be limited only to the chosen or selected prestaon with all the natural consequences arising rom it; ·5 The choice is irrevocable, otherwise, the other pary might be exposed to damages whichmay arise rom costly preparaon in waing or the perormance o the announced prestaon.5. What are the eects when only one prestaon is praccable? ·6 The debtor loses his right o choice when only one alternave prestaon is praccable o perormance.  6. When the debtor may rescind contract? Give examples. ·7 I through the creditor's acts the debtor cannot make a choice according to the terms o the obligaon, the laer may rescind the contract with damages.7. What are the eects o loss or becoming impossible o objects o obligaon? What shall bethe basis o indemnity? ·8 The creditor shall have a right to indemnity or damages when, through the ault o the debtor, all the things which are alternavely the object o the obligaon have been lost, or the compliance o the obligaon has become impossible. The indemnity shall be fxedtaking as a basis the value o the last thing which disappeared, or that o the service which last became impossible. 8. What are the rules in case o loss o thing beore creditor has made choice? Give examples. ·9 When a thing is lost through a ortuitous event - Creditor may choose among the remaining prestaons. ·10 When the thing is lost through debtor's ault - Credor may choose among the remaining prestaons witha right to claim damages. ·11 When all the things are lost through debtor's ault - Creditor can demand the payment o the price o any o the prestaons with right to damages ·12 When all the things are lost through ortuitous event - Obligaon is exnguished.9. Give examples o acultave obligaon. ·13 Gigi, upon ailure to pay her debt to Carlo in 30 days, will mortgage her land to secure her debt which shall be payable in 90 days 10. In a acultave obligaon, what are the eects o loss o principal thing? ·14 one prestaon is due although debtor is allowed to substute it. ·15 the right to make the substuon is given only to the debtor ·16 the loss o thing due exnguish the obligaon  ·17 the loss o thing due through his ault makes him liable ·18 the loss o the substute beore the substuon though the ault o debtor does not render him liable.11. Disnguish alternave and acultave obligaons. ·19 As to objects due - In acultave obligaons only one object is due, whereas in alternave obligaons several objects are due; ·20 As to compliance - Facultave obligaons may be complied by the deluvery o another object or perormance o another prestaon in substuon o that which is due, whereas alternave obligaons may be complied with by the delivery o one o the objects or by the perormance o one o the prestaons which is alternavely due. ·21 As to the right o choice - in acultave, the right o choice pertains only to the debtor, whereas in alternave, the right o choice may pertain even to the creditor or to a third person. ·22 As to eect o orutous loss - in acultave the loss or impossibility the object or prestaon which is due without the any ault o the debtor is sucient to exnguish the obligaon whereas in alternave the loss or impossibility all the objects or prestaons which are due without the ault o the debtor is necessary to exnguish the obligaon. ·23 As to eect culpable loss - in acultave, the culpable loss o the object which the debtormay deliver in substuon beore the substuon is eected does not give rise to any liability on the part o the debtor; in alternave, the culpable loss o any o the objects which are the alternavely due beore the choice is made may give rise to a liability on the part o the debtor. SECTION 4 : Joint and Solidary Obligaons (Arcles 1207-1222) 12. What are the kinds o obligaon according to the number o pares? ·24 Individual obligaon ·25 Collecve obligaon ·26 Joint obligaon ·27 Solidary obligaon  13. Defne the ollowing: 3. Joint obligaon - one where the whole obligaon is to be paid or ulflled proporonately by the dierent debtors or is to be demanded proporonately by the dierent creditors. 4. Solidary obligaon - where one o the debtors is bound to render or one o the creditorshas a right to demand rom any o debtors, enre compliance with the prestaon.14. Give examples o words that are being used to indicate (a) joint liability and (b) solidaryliability. 5. Proporonately, Pro rata, Jointly 6. Jointly and severally, Individually and collecvely15. What is the presumpon when the share o each debtor is not specifed? Give theconsequences o this presumpon. ·28 There are as many debts as there are debtors ·29 There are as many credits as there are creditors ·30 The debts/credits are considered disnct and separate rom one another ·31 Each debtor is liable only or a proporonate part o the debt ·32 Each creditor is entled only to a proporonate part o the credit16. When is obligaon solidary? ·33 a legal relaonship where one or more o several debtors are each liable to pay the enre amount, or one or more o several creditors each able to collect the whole.17. What are the kinds o solidarity? Give examples. ·34 Passive/solidarity on the part o the debtor

PRONOSTICO 1

Oct 8, 2019
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks
SAVE OUR EARTH

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!

x