Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Oblicon Quiz 3
| Question | Answer |
|---|---|
| ARTICLE 1179, par. 1. Every obligation whose performance does not ________ upon a ________ or _________ ________, or upon a _____ _______ unknown to the ________, is _______ at once. | ARTICLE 1179, par. 1. Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once. |
| ARTICLE 1181. In conditional obligations, the ________of rights, as well as the ________ or ________ of those already _______, shall depend upon the __________ of the event which constitutes the condition. | ARTICLE 1181. In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition. |
| ARTICLE 1194. In case of loss, _________ or improvement of the thing before the arrival of the day certain, the rules in article 1189 shall be observed. | ARTICLE 1194. In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in article 1189 shall be observed. |
| ARTICLE 1180. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be _________ to be one with a __________, subject to the provisions of article 1197. | ARTICLE 1180. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of article 1197. |
| ARTICLE 1182, part 1. When the fulfillment of the condition depends upon the ________ _________ of the debtor, the ________ ________ shall be ________. | ARTICLE 1182, part 1. When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. |
| ARTICLE 1182, part 2. If it depends upon ________ or upon the _______ of a _______ _________, the obligation shall take effect in conformity with the provisions of this Code. | ARTICLE 1182, part 2. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code. |
| ARTICLE 1183, part 1. Impossible conditions, those contrary to _______ ________ or _______ __________ and those prohibited by law shall ________ the obligation which depends upon them. | ARTICLE 1183, part 1. Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. |
| ARTICLE 1183, part 2. If the obligation is ______, that part thereof which is ________ ________ by the impossible or unlawful condition shall be valid. | ARTICLE 1183, part 2. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid. |
| ARTICLE 1183, part 3. The condition not to do an ________ ________ shall be considered as _______ ________ ______ _______ upon. | ARTICLE 1183, part 3. The condition not to do an impossible thing shall be considered as not having been agreed upon. |
| ARTICLE 1184. The condition that some event happen at a _______ time shall ________ the obligation as soon as the time expires or if it has become _________ that the event will not take place. | ARTICLE 1184. The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place. |
| ARTICLE 1185, par. 1. The condition that some event will not happen at a ________ time shall render the obligation _______ from the moment the time indicated has elapsed, or if it has become _________ that the event cannot occur. | ARTICLE 1185, par. 1. The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed, or if it has become evident that the event cannot occur. |
| ARTICLE 1185. If no _______ has been fixed, the condition shall be deemed fulfilled at such time as may have probably been _________, bearing in mind the nature of the obligation. | ARTICLE 1185. If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind the nature of the obligation. |
| ARTICLE 1186. The condition shall be deemed fulfilled when the obligor ______ _______ its ________. | ARTICLE 1186. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. |
| ARTICLE 1187, part 1. The effects of a conditional obligation to ______, once the condition has been fulfilled, shall_______ to the_____ of the _______ of the obligation. | ARTICLE 1187, part 1. The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. |
| ARTICLE 1187, part 2. Nevertheless, when the obligation imposes ________ ________ upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been _______ ________. | ARTICLE 1187, part 2. Nevertheless, when the obligation imposes reciprocal prestations upon the parties, the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. |
| ARTICLE 1187, part 3. If the obligation is _______, the debtor shall _______ the fruits and interests received, | ARTICLE 1187, part 3. If the obligation is unilateral, the debtor shall appropriate the fruits and interests received, |
| ARTICLE 1187, part 4. unless from the _________ and _______ of the obligation it should be ________ that the intention of the person constituting the same was different. | ARTICLE 1187, part 4. unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different. |
| ARTICLE 1187, part 5. In obligations to do and not to do, the _____ shall determine, in each case, the _____ effect of the condition that has been complied with. | ARTICLE 1187, part 5. In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with. |
| ARTICLE 1188. The creditor may, _____ the fulfillment of the condition, bring the _______ _______ for the _____ of his right. The debtor may _______ what during the same time he has paid by ________ in case of a _______condition. | ARTICLE 1188. The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. |
| ARTICLE 1189, part 1. When the conditions have been imposed with the intention of _______ the efficacy of an obligation to give, | ARTICLE 1189, part 1. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, |
| ARTICLE 1189, part 2. ,... the following rules shall be observed in case of the improvement, ______ or _________of the thing during the pendency of the condition: | ARTICLE 1189, part 2. ,... the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition: |
| ARTICLE 1189, part 3. (1) If the thing is lost without the ______ of the debtor, the obligation shall be _________; | ARTICLE 1189, part 3. (1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished; |
| ARTICLE 1189, part 4. (2) If the thing is lost through the fault of the _______, he shall be obliged to pay _______; it is understood that the thing is lost when it _______, | ARTICLE 1189, part 4. (2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, |
| ARTICLE 1189, part 5. (2)..., or goes out of ________, or ________ in such a way that its existence is unknown or it cannot be _______; | ARTICLE 1189, part 5. (2)..., or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered; |
| ARTICLE 1189, part 6. (3) When the thing deteriorates without the fault of the _______, the ______ is to be borne by the creditor; | ARTICLE 1189, part 6. (3) When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor; |
| ARTICLE 1189, part 7. (4) If it deteriorates through the fault of the ______, the creditor may choose between the _______ of the obligation and its ______, with _______ for ______ in either case; | ARTICLE 1189, part 7. (4) If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case; |
| ARTICLE 1189, part 8. (5) If the thing is improved by its _____, or by _____, the improvement shall inure to the benefit of the _______; | ARTICLE 1189, part 8. (5) If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor; |
| ARTICLE 1189, part 9. (6) If it is improved at the ______ of the ______, he shall have no other right than that granted to the _______. | ARTICLE 1189, part 9. (6) If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary. |
| ARTICLE 1190, part 1. When the conditions have for their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions, shall _______ to each other what they have received. | ARTICLE 1190, part 1. When the conditions have for their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions, shall return to each other what they have received. |
| ARTICLE 1190, part 2. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return. | ARTICLE 1190, part 2. In case of the loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return. |
| ARTICLE 1190, part 3. As for obligations to do and not to do, the provisions of the second paragraph of Article 1187 shall be observed as regards the effect of the extinguishment of the obligation. | ARTICLE 1190, part 3. As for obligations to do and not to do, the provisions of the second paragraph of Article 1187 shall be observed as regards the effect of the extinguishment of the obligation. |
| ARTICLE 1191, part 1. The power to rescind obligations is ______ in _______ ones, in case one of the obligors should not _____ with what is _______ upon him. | ARTICLE 1191, part 1. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. |
| ARTICLE 1191, part 2. The injured party may choose between the ______ and the _______ of the obligation, with the payment of ______ in either case. | ARTICLE 1191, part 2. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. |
| ARTICLE 1191, part 3. He may also seek ______, even after he has chosen ________, if the latter should become ______. | ARTICLE 1191, part 3. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. |
| ARTICLE 1191, part 4. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a _____. | ARTICLE 1191, part 4. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. |
| ARTICLE 1191, part 5. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with articles 1385 and 1388 and the Mortgage Law. | ARTICLE 1191, part 5. This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with articles 1385 and 1388 and the Mortgage Law. |
| ARTICLE 1192, part 1. In case both parties have committed a ______ of the obligation, the liability of the _____ infractor shall be _______ ________ by the courts. | ARTICLE 1192, part 1. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. |
| ARTICLE 1192, part 2. If it cannot be determined which of the parties first ________ the contract, the same shall be deemed _______, and each shall bear his own _______. | ARTICLE 1192, part 2. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. |
| ARTICLE 1193, part 1. Obligations for whose fulfillment a day certain has been _____, shall be demandable only when that _____ comes. Obligations with a ________ period take effect ______ ______, but terminate upon arrival of the ______ _______. | ARTICLE 1193, part 1. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. Obligations with a resolutory period take effect at once, but terminate upon arrival of the day certain. |
| ARTICLE 1193, part 2. A day certain is understood to be that which must ______ ____, although it may not be _____ when. | ARTICLE 1193, part 2. A day certain is understood to be that which must necessarily come, although it may not be known when. |
| ARTICLE 1193, part 3. If the uncertainty consists in whether the day will _____ or _____, the obligation is _______, and it shall be regulated by the rules of the preceding Section. | ARTICLE 1193, part 3. If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section. |
| ARTICLE 1195. Anything paid or delivered ______ the arrival of the period, the obligor being ________ of the period or believing that the obligation has become _____ and ______, may be ______, with the fruits and interests. | ARTICLE 1195. Anything paid or delivered before the arrival of the period, the obligor being unaware of the period or believing that the obligation has become due and demandable, may be recovered, with the fruits and interests. |
| ARTICLE 1196, part 1. Whenever in an obligation a period is designated, it is presumed to have been established for the ______ of both the creditor and the debtor, | ARTICLE 1196, part 1. Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, |
| ARTICLE 1196, part 2. ...unless from the ______ of the same or other circumstances it should appear that the period has been established in favor of ____ or of the ______. | ARTICLE 1196, part 2. ...unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other. |
| ARTICLE 1197, par. 3. In every case, the courts shall determine such period as may under the circumstances have been ______ _____ by the parties. Once fixed by the courts, the period cannot be _______ by them. | ARTICLE 1197, par. 3. In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them. |
| ARTICLE 1198, part 1. The debtor shall lose every right to make use of the period: (1) When after the obligation has been contracted, he becomes _____, unless he gives a ______ or ______ for the debt; | ARTICLE 1198, part 1. The debtor shall lose every right to make use of the period: (1) When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt; |
| ARTICLE 1198, part 2. (2) When he does not furnish to the creditor the ______ or ______ which he has promised; | ARTICLE 1198, part 2. (2) When he does not furnish to the creditor the guaranties or securities which he has promised; |
| ARTICLE 1198, part 3. (3) When by his own acts he has impaired said ______ or _____ after their establishment, and when through a ______ _______ they disappear, unless he immediately gives new ones equally satisfactory; | ARTICLE 1198, part 3. (3) When by his own acts he has impaired said guaranties or securities after their establishment, and when through a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory; |
| ARTICLE 1198, part 4. (4) When the debtor violates any _______, in consideration of which the creditor agreed to the period; (5) When the debtor attempts to ______. | ARTICLE 1198, part 4. (4) When the debtor violates any undertaking, in consideration of which the creditor agreed to the period; (5) When the debtor attempts to abscond. |
| ARTICLE 1484, part 1. In a contract of sale of personal property the price of which is payable in ______, the vendor may exercise ____ of the following remedies: (1) Exact _____ of the obligation, should the vendee fail to pay; | ARTICLE 1484, part 1. In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following remedies: (1) Exact fulfillment of the obligation, should the vendee fail to pay; |
| ARTICLE 1484, part 2. In (2) _____the ____, should the vendee's failure to pay cover two or more installments; | ARTICLE 1484, part 2. In (2) Cancel the sale, should the vendee's failure to pay cover two or more installments; |
| ARTICLE 1484, part 3. (3) ______ the ______ _______ on the thing sold, if one has been constituted, should the vendee's failure to pay cover two or more installments. | ARTICLE 1484, part 3. (3) Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's failure to pay cover two or more installments. |
| ARTICLE 1484, part 4. (3) In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. Any agreement to the contrary shall be void. | ARTICLE 1484, part 4. (3) In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. Any agreement to the contrary shall be void. |
| ARTICLE 1485. The preceding article shall be applied to contracts purporting to be _____ of personal property with option to ____, when the lessor has deprived the lessee of the possession or enjoyment of the thing. | ARTICLE 1485. The preceding article shall be applied to contracts purporting to be leases of personal property with option to buy, when the lessor has deprived the lessee of the possession or enjoyment of the thing. |
| ARTICLE 1486. In the cases referred to in the two preceding articles, a ______ that the installments or rents _____ shall not be _____ to the vendee or lessee shall be _____ insofar as the same may not be ______ under the circumstances. | ARTICLE 1486. In the cases referred to in the two preceding articles, a stipulation that the installments or rents paid shall not be returned to the vendee or lessee shall be valid insofar as the same may not be unconscionable under the circumstances. |
| ARTICLE 1786, part 1. Every partner is a debtor of the ______ for whatever he may have promised to contribute thereto. | ARTICLE 1786, part 1. Every partner is a debtor of the partnership for whatever he may have promised to contribute thereto. |
| ARTICLE 1786, part 2. He shall also be bound for ______ in case of eviction with regard to specific and determinate things which he may have contributed to the partnership, | ARTICLE 1786, part 2. He shall also be bound for warranty in case of eviction with regard to specific and determinate things which he may have contributed to the partnership, |
| ARTICLE 1786, part 3. ..., in the same cases and in the same manner as the vendor is bound with respect to the vendee. He shall also be liable for the _____ thereof from the time they should have been delivered, without the need of any demand. | ARTICLE 1786, part 3. ..., in the same cases and in the same manner as the vendor is bound with respect to the vendee. He shall also be liable for the fruits thereof from the time they should have been delivered, without the need of any demand. |
| ARTICLE 1788, part 1. A partner who has undertaken to contribute a sum of money and fails to do so becomes a debtor for the ______ and _____ from the time he should have complied with his obligation. | ARTICLE 1788, part 1. A partner who has undertaken to contribute a sum of money and fails to do so becomes a debtor for the interest and damages from the time he should have complied with his obligation. |
| ARTICLE 1788, part 2. The same rule applies to any amount he may have taken from the partnership coffers, and his liability shall begin from the time he converted the amount to his own use. | ARTICLE 1788, part 2. The same rule applies to any amount he may have taken from the partnership coffers, and his liability shall begin from the time he converted the amount to his own use. |
Created by:
carmi.veloza
Popular Law sets