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Oblicon Quiz 4
| Question | Answer |
|---|---|
| ARTICLE 1199. A person alternatively _________ by _______ ________ shall completely perform ______ of them. The creditor cannot be compelled to receive ______ of ____ and _____ of the ______ ________. | ARTICLE 1199. A person alternatively bound by different prestations shall completely perform one of them. The creditor cannot be compelled to receive part of one and part of the other undertaking. |
| ARTICLE 1200, part 1. The right of ______ belongs to the _______, unless it has been expressly granted to the _______. | ARTICLE 1200, part 1. The right of choice belongs to the debtor, unless it has been expressly granted to the creditor. |
| ARTICLE 1200, part 2. The debtor shall have no right to choose those _______ which are ________, ________ or which could not have been the ______ of the ________. | ARTICLE 1200, part 2. The debtor shall have no right to choose those prestations which are impossible, unlawful or which could not have been the object of the obligation. |
| ARTICLE 1201. The choice shall produce no effect except from the ________ it has been ________. | ARTICLE 1201. The choice shall produce no effect except from the time it has been communicated. |
| ARTICLE 1203. If through the ______ ______ the debtor cannot make a _______ according to the _______ of the obligation, the latter may ______ the contract with ______. | ARTICLE 1203. If through the creditor's acts the debtor cannot make a choice according to the terms of the obligation, the latter may rescind the contract with damages. |
| ARTICLE 1202. The debtor shall lose the right of _______ when among the _______ whereby he is ______ _______, only one is ________. | ARTICLE 1202. The debtor shall lose the right of choice when among the prestations whereby he is alternatively bound, only one is practicable. |
| ARTICLE 1204, part 1. The creditor shall have a right to ______ for _____ when, through the fault of the debtor, | ARTICLE 1204, part 1. The creditor shall have a right to indemnity for damages when, through the fault of the debtor, |
| ARTICLE 1204, part 2. ..., all the things which are _______ the object of the obligation have been ______, or the ______ of the obligation has become ________. | ARTICLE 1204, part 2. ..., all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible. |
| ARTICLE 1204, part 3. The _______ shall be fixed taking as a basis the _______ of the last thing which ______, or that of the service which last became _____. Damages other than the _____ of the last thing or service may also be awarded. | ARTICLE 1204, part 3. The indemnity shall be fixed taking as a basis the value of the last thing which disappeared, or that of the service which last became impossible. Damages other than the value of the last thing or service may also be awarded. |
| ARTICLE 1205, part 1. When the ______ has been expressly given to the creditor, the obligation shall cease to be _______ from the day when the _______ has been communicated to the debtor. | ARTICLE 1205, part 1. When the choice has been expressly given to the creditor, the obligation shall cease to be alternative from the day when the selection has been communicated to the debtor. |
| ARTICLE 1205, part 2. Until then the responsibility of the debtor shall be governed by the following rules: | ARTICLE 1205, part 2. Until then the responsibility of the debtor shall be governed by the following rules: |
| ARTICLE 1205, part 3. (1) If one of the things is lost through a _______ _______, he shall perform the obligation by delivering that which the creditor should _______ from among the ________, or that which remains if only one subsists; | ARTICLE 1205, part 3. (1) If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists; |
| ARTICLE 1205, part 4. (2) If the loss ______ _____ of the things occurs through the____ of the ____, the creditor may claim any of those subsisting, or the _____ of that which, through the ______ of the former, has disappeared, with a right to _______; | ARTICLE 1205, part 4. (2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages; |
| ARTICLE 1205, part 5. (3) If _____the things are lost through the _____ of the ______, the choice by the creditor shall fall upon the _____ of any one of them, also with ______ for _______. | ARTICLE 1205, part 5. (3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages. |
| ARTICLE 1205, part 6. The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. | ARTICLE 1205, part 6. The same rules shall be applied to obligations to do or not to do in case one, some or all of the prestations should become impossible. |
| ARTICLE 1206, part 1. When only one ______ has been agreed upon, but the obligor may render another in ______, the obligation is called _______. | ARTICLE 1206, part 1. When only one prestation has been agreed upon, but the obligor may render another in substitution, the obligation is called facultative. |
| ARTICLE 1206, part 2. The ______ or _______ of the thing intended as a substitute, through the negligence of the obligor, does not render him _____. | ARTICLE 1206, part 2. The loss or deterioration of the thing intended as a substitute, through the negligence of the obligor, does not render him liable. |
| ARTICLE 1206, part 3. But ____the substitution has been _____, the obligor is liable for the loss of the substitute on account of his ______, _______ or _______. | ARTICLE 1206, part 3. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud. |
| ARTICLE 1207, part 1. The _______ of two or more creditors or of two or more debtors in one and the _______ _______ does not imply that each one of the former has a right to demand, | ARTICLE 1207, part 1. The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand, |
| ARTICLE 1207, part 2. ..., or that each one of the latter is bound to render, ______ _______ with the ________. | ARTICLE 1207, part 2. ..., or that each one of the latter is bound to render, entire compliance with the prestation. |
| ARTICLE 1207, part 3. There is a solidary liability only when the obligation ______ so _______, or when the ______ or the ______ of the ______ requires ______. | ARTICLE 1207, part 3. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. |
| ARTICLE 1208, part 1. If from the _____, or the ______ or the _____ of the obligations to which the preceding article refers the contrary does not appear, | ARTICLE 1208, part 1. If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, |
| ARTICLE 1208, part 2. ..., the credit or debt shall be ______ to be _______ into as many _______ as there are creditors or debtors, | ARTICLE 1208, part 2. ..., the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors, |
| ARTICLE 1208, part 3. ..., the credits or debts being considered _______ from one another, subject to the Rules of Court governing the multiplicity of suits. | ARTICLE 1208, part 3. ..., the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits. |
| ARTICLE 1209, part 1. If the division is _______, the right of the creditors may be _______ only by their collective acts, and the debt can be enforced only by _______ ________ _______ the debtors. | ARTICLE 1209, part 1. If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. |
| ARTICLE 1209, part 2. If one of the latter should be _______, the _______ shall not be liable for his share. | ARTICLE 1209, part 2. If one of the latter should be insolvent, the others shall not be liable for his share. |
| ARTICLE 1210. The _______ of an obligation does not necessarily give rise to solidarity. Nor does solidarity of _____ imply ______. | ARTICLE 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does solidarity of itself imply indivisibility. |
| ARTICLE 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same ______ and by the same ______ and ______. | ARTICLE 1211. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. |
| ARTICLE 1212. Each one of the solidary creditors may do whatever may be _____ to the _____, but not anything which may be ______ to the _______. | ARTICLE 1212. Each one of the solidary creditors may do whatever may be useful to the others, but not anything which may be prejudicial to the latter. |
| ARTICLE 1213. A solidary creditor cannot assign his ____ without the _____ of the _____. | ARTICLE 1213. A solidary creditor cannot assign his rights without the consent of the others. |
| ARTICLE 1214. The debtor may ______ any one of the ______ creditors; but if any _____, judicial or extrajudicial, has been made by one of them, payment should be made to him. | ARTICLE 1214. The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him. |
| ARTICLE 1215, part 1. Novation, _______, _______ or ______ of the debt, made by any of the solidary creditors or with _____ of the solidary debtors, shall extinguish the ______, without prejudice to the provisions of Article 1219. | ARTICLE 1215, part 1. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. |
| ARTICLE 1215, part 2. The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the _____ in the obligation corresponding to them. | ARTICLE 1215, part 2. The creditor who may have executed any of these acts, as well as he who collects the debt, shall be liable to the others for the share in the obligation corresponding to them. |
| ARTICLE 1216, part 1. The creditor may proceed against any one of the solidary debtors or some or all of them _______. | ARTICLE 1216, part 1. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. |
| ARTICLE 1216, part 2. The demand made against one of them shall not be an obstacle to those which may ______ be directed against the _______, so long as the debt has not been ______ _______. | ARTICLE 1216, part 2. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others, so long as the debt has not been fully collected. |
| ARTICLE 1217, part 1. Payment made by _____ of the solidary debtors ______ the _______. If two or more solidary debtors offer to pay, the creditor may ______ which offer to _______. | ARTICLE 1217, part 1. Payment made by one of the solidary debtors extinguishes the obligation. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept. |
| ARTICLE 1217, part 2. He who made the payment may claim from his ____-_____ only the ______ which corresponds to _____, with the ______ for the payment already made. | ARTICLE 1217, part 2. He who made the payment may claim from his co-debtors only the share which corresponds to each, with the interest for the payment already made. |
| ARTICLE 1217, part 3. If the payment is made ______ the debt is due, no _______ for the intervening period may be demanded. | ARTICLE 1217, part 3. If the payment is made before the debt is due, no interest for the intervening period may be demanded. |
| ARTICLE 1217, part 4. When one of the solidary debtors cannot, because of his ______, reimburse his share to the debtor ______ the obligation, such share shall be ______ by all his _____-______, in _________ to the debt of each. | ARTICLE 1217, part 4. When one of the solidary debtors cannot, because of his insolvency, reimburse his share to the debtor paying the obligation, such share shall be borne by all his co-debtors, in proportion to the debt of each. |
| ARTICLE 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made ______ the obligation has _______ or become _______. | ARTICLE 1218. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal. |
| ARTICLE 1219, part 1. The remission made by the creditor of the share which affects one of the solidary debtors does not release the ______ from his _______ towards the _____-_______, | ARTICLE 1219, part 1. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, |
| ARTICLE 1219, part 2. ..., in case the _____ had been totally _____ by ______ of them before the remission was effected. | ARTICLE 1219, part 2. ..., in case the debt had been totally paid by anyone of them before the remission was effected. |
| ARTICLE 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to ________ from his co-debtors. | ARTICLE 1220. The remission of the whole obligation, obtained by one of the solidary debtors, does not entitle him to reimbursement from his co-debtors. |
| ARTICLE 1221, part 1. If the thing has been _____ or if the prestation has become ______ without the fault of the solidary debtors, the obligation shall be _______. | ARTICLE 1221, part 1. If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. |
| ARTICLE 1221, part 2. If there was fault on the part of any one of them, _____ shall be _______ to the creditor, for the ______ and the ______ of ______ and _______, without prejudice to their action against the guilty or negligent _______. | ARTICLE 1221, part 2. If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. |
| ARTICLE 1221, part 3. If through a fortuitous event, the thing is lost or the performance has become _____ after one of the solidary debtors has incurred in ______ | ARTICLE 1221, part 3. If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay |
| ARTICLE 1221, part 4. ...through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. | ARTICLE 1221, part 4. ...through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. |
| ARTICLE 1222, part 1. A solidary debtor may, in actions filed by the _______, avail himself of all _______ which are _____ from the _____ of the ______ and of those which are ______ to _____, or pertain to his own ______. | ARTICLE 1222, part 1. A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. |
| ARTICLE 1222, part 2. With respect to those which ______ belong to the ______, he may avail himself thereof only as ______ that ______ of the ______ for which the latter are ________. | ARTICLE 1222, part 2. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part of the debt for which the latter are responsible. |
| ARTICLE 1224, part 1. A joint indivisible obligation gives rise to ______ for ______ from the time anyone of the debtors does not _____ with his undertaking. | ARTICLE 1224, part 1. A joint indivisible obligation gives rise to indemnity for damages from the time anyone of the debtors does not comply with his undertaking. |
| ARTICLE 1224, part 2. The debtors who may have been ______ to fulfill their ______ shall not contribute to the indemnity beyond the ________ ________ of the _______ of the thing or of the _______ of the service in which the obligation consists. | ARTICLE 1224, part 2. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists. |
| ARTICLE 1277. _______ does not extinguish a joint obligation except as regards the ______ corresponding to the creditor or debtor in whom the two characters concur. | ARTICLE 1277. Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor or debtor in whom the two characters concur. |
| ARTICLE 1915. If two or more persons have appointed an _____ for a common transaction or undertaking, they shall be _____ liable to the agent for all the _____ of the agency. | ARTICLE 1915. If two or more persons have appointed an agent for a common transaction or undertaking, they shall be solidarily liable to the agent for all the consequences of the agency. |
| ARTICLE 1945. When there are two or more bailees to whom a thing is loaned in the same _______, they are liable _______. | ARTICLE 1945. When there are two or more bailees to whom a thing is loaned in the same contract, they are liable solidarily. |
| ARTICLE 2146, part 1. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. | ARTICLE 2146, part 1. If the officious manager delegates to another person all or some of his duties, he shall be liable for the acts of the delegate, without prejudice to the direct obligation of the latter toward the owner of the business. |
| ARTICLE 2146, part 2. The responsibility of two or more officious managers shall be ______, unless the management was assumed to save the thing or business from _______ ________. | ARTICLE 2146, part 2. The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger. |
| ARTICLE 2157. The responsibility of two or more payees, when there has been payment of what is _____ _____, is _______. | ARTICLE 2157. The responsibility of two or more payees, when there has been payment of what is not due, is solidary. |
| ARTICLE 2194. The responsibility of two or more persons who are liable for ______-_____ is ________. | ARTICLE 2194. The responsibility of two or more persons who are liable for quasi-delict is solidary. |
Created by:
carmi.veloza
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