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Oblicon Quiz 7
| Question | Answer |
|---|---|
| ARTICLE 1278. Compensation shall take place when _____ ______, in their_____ ______, are ______ and ______ of ______ _______. | ARTICLE 1278. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. |
| ARTICLE 1279, part 1. In order that compensation may be proper, it is necessary: (1) That each one of the obligors be ______ _______, and that he be at the same time a principal creditor of the other; | ARTICLE 1279, part 1. In order that compensation may be proper, it is necessary: (1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; |
| ARTICLE 1279, part 2. XXX; (2) That both debts consist in a _____ _____ ____, or if the things due are ______, they be of the _____ ______, and also of the same quality if the latter has been stated; (3) That the two debts be _____; | ARTICLE 1279, part 2. XXX; (2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (3) That the two debts be due; |
| ARTICLE 1279, part 3. XXX; (4) That they be _______ and _______; (5) That over neither of them there be any ______ or ________, commenced by third persons and communicated in due time to the , debtor. | ARTICLE 1279, part 3. XXX; (4) That they be liquidated and demandable; (5) That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the , debtor. |
| ARTICLE 1280. Notwithstanding the provisions of the preceding article, the ______ may set up compensation as regards what the ______ may owe the _______ _______. | ARTICLE 1280. Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as regards what the creditor may owe the principal debtor. |
| ARTICLE 1282. The parties may ______ upon the compensation of debts which are ______ _______ _______. | ARTICLE 1282. The parties may agree upon the compensation of debts which are not yet due. |
| ARTICLE 1283. If one of the parties to a suit over an ______ has a ______ for ______ against the other, the former may set it off by ______ his right to said ______ and the _______ thereof. | ARTICLE 1283. If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. |
| ARTICLE 1284. When one or both debts are ______ or _____, they may be compensated against each other before they are ______ ______ or _______. | ARTICLE 1284. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided. |
| ARTICLE 1285, part 1. The debtor who has ______ to the assignment of rights made by a creditor in favor of a third person, ______ ______ ______ against the ______ the ______ which would pertain to him against the ______, xxx. | ARTICLE 1285, part 1. The debtor who has consented to the assignment of rights made by a creditor in favor of a third person, cannot set up against the assignee the compensation which would pertain to him against the assignor, xxx. |
| ARTICLE 1285, part 2. xxx, unless the assignor was notified by the debtor at the time he gave his consent, that he reserved his right to the compensation. | ARTICLE 1285, part 2. xxx, unless the assignor was notified by the debtor at the time he gave his consent, that he reserved his right to the compensation. |
| ARTICLE 1285, part 3. If the creditor communicated the ______ to him but the ______ did not consent thereto, the latter may set up the compensation of debts ______ to the ______, but not of ______ ones. xxx. | ARTICLE 1285, part 3. If the creditor communicated the cession to him but the debtor did not consent thereto, the latter may set up the compensation of debts previous to the cession, but not of subsequent ones. xxx. |
| ARTICLE 1285, part 4. xxx. If the assignment is made _____ the ______ of the debtor, he may set up the compensation of all credits _____ to the same and also _____ ones ______ he had ______ of the ______. | ARTICLE 1285, part 4. xxx. If the assignment is made without the knowledge of the debtor, he may set up the compensation of all credits prior to the same and also later ones until he had knowledge of the assignment. |
| ARTICLE 1286. Compensation takes place by _____ of ____, even though the debts may be _____ at _____ _____, but there shall be an indemnity for expenses of _____ or ______ to the _____ of payment. | ARTICLE 1286. Compensation takes place by operation of law, even though the debts may be payable at different places, but there shall be an indemnity for expenses of exchange or transportation to the place of payment. |
| ARTICLE 1287, part 1. Compensation shall not be proper when one of the debts arises from a _____ or from the obligations of a _____ or of a _____ in ______. | ARTICLE 1287, part 1. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. |
| ARTICLE 1287, part 2. XXX. Neither can compensation be set up against a creditor who has a claim for _____ due by gratuitous title, without prejudice to the provisions of paragraph 2 of article 301. | ARTICLE 1287, part 2. XXX. Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title, without prejudice to the provisions of paragraph 2 of article 301. |
| ARTICLE 1288. Neither shall there be compensation if one of the debts consists in _____ _____ arising from a _____ ______. | ARTICLE 1288. Neither shall there be compensation if one of the debts consists in civil liability arising from a penal offense. |
| ARTICLE 1289. If a person should have against him _____ _____ which are susceptible of compensation, the rules on the _____ ____ ______ shall apply to the _____ of the compensation. | ARTICLE 1289. If a person should have against him several debts which are susceptible of compensation, the rules on the application of payments shall apply to the order of the compensation. |
| ARTICLE 1290. When all the requisites mentioned in article 1279 are present, compensation takes effect _____ ______ of _____, and ______ both debts to the ______ ______, even though the creditors and debtors are _____ ______ of the compensation. | ARTICLE 1290. When all the requisites mentioned in article 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the concurrent amount, even though the creditors and debtors are not aware of the compensation. |
| ARTICLE 1291. Obligations may be modified by: (1) Changing their _____ or _____ ______; (2) Substituting the person of the ______; (3) ______ a third person in the rights of the ______. | ARTICLE 1291. Obligations may be modified by: (1) Changing their object or principal conditions; (2) Substituting the person of the debtor; (3) Subrogating a third person in the rights of the creditor. |
| ARTICLE 1292. In order that an obligation may be extinguished by another which substitutes the same, it is imperative that it be so _____ in _____ _____, or that the old and the new obligations be _____ _____ _____ ______ with _____ _____. | ARTICLE 1292. In order that an obligation may be extinguished by another which substitutes the same, it is imperative that it be so declared in unequivocal terms, or that the old and the new obligations be on every point incompatible with each other. |
| ARTICLE 1293, part 1. Novation which consists in substituting a new debtor in the place of the original one, may be made even _____ _____ or _____ the _____ of the _____, xxx. | ARTICLE 1293, part 1. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, xxx. |
| ARTICLE 1293, part 2. xxx, but not without the ____ of the _____. Payment by the _____ ______ gives him the rights mentioned in articles 1236 and 1237. | ARTICLE 1293, part 2. xxx, but not without the consent of the creditor. Payment by the new debtor gives him the rights mentioned in articles 1236 and 1237. |
| ARTICLE 1294. If the substitution is _____ the _____ or ______ the _____ of the _____, the new debtor's _____ or _____-_____ of the obligation shall not give rise to any liability on the part of the ______ ______. | ARTICLE 1294. If the substitution is without the knowledge or against the will of the debtor, the new debtor's insolvency or non-fulfillment of the obligation shall not give rise to any liability on the part of the original debtor. |
| ARTICLE 1295, part 1. The insolvency of the new debtor, who has been _____ by the _____ _____ and _____ by the creditor, shall not revive the _____ of the latter against the original obligor, xxx. | ARTICLE 1295, part 1. The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall not revive the action of the latter against the original obligor, xxx. |
| ARTICLE 1295, part 2. xxx, except when said insolvency was already _____ and of ______ ______, or _____ to the debtor, when he ______ his _____. | ARTICLE 1295, part 2. xxx, except when said insolvency was already existing and of public knowledge, or known to the debtor, when he delegated his debt. |
| ARTICLE 1296. When the principal obligation is extinguished in consequence of a novation, _____ ______ may subsist only _____ as they may _____ ______ ______ who did not give their ______. | ARTICLE 1296. When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsist only insofar as they may benefit third persons who did not give their consent. |
| ARTICLE 1297. If the new obligation is _____, the original one shall _____, unless the parties _____ that the former relation should be _____ in _____ _____. | ARTICLE 1297. If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event. |
| ARTICLE 1298. The novation is void if the _____ ______ was void, except when annulment may be _____ only by the _____, or when _____ validates _____ which are voidable. | ARTICLE 1298. The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor, or when ratification validates acts which are voidable. |
| ARTICLE 1299. If the original obligation was subject to a _____ or _____ _____ the new obligation shall be _____ the _____ _____, unless it is otherwise _____. | ARTICLE 1299. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. |
| ARTICLE 1300, part 1. Subrogation of a third person in the rights of the creditor is either _____ or _____. | ARTICLE 1300, part 1. Subrogation of a third person in the rights of the creditor is either legal or conventional. |
| ARTICLE 1300, part 2. xxx. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be _____ _____ in order that it may take effect. | ARTICLE 1300, part 2. xxx. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect. |
| ARTICLE 1301. Conventional subrogation of a third person requires the _____ of the _____ _____ and of the _____ _____. | ARTICLE 1301. Conventional subrogation of a third person requires the consent of the original parties and of the third person. |
| ARTICLE 1302, part 1. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is _____, even without the debtor's knowledge; | ARTICLE 1302, part 1. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor's knowledge; |
| ARTICLE 1302, part 2 .xxx; (2) When a third person, _____ _____ in the _____, pays with the express or tacit approval of the debtor; | ARTICLE 1302, part 2 .xxx; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; |
| ARTICLE 1302, part 3 . xxx; (3) When, even without the knowledge of the debtor, a _____ _____ in the _____ of the _____ pays, without prejudice to the effects of confusion as to the latter's share. | ARTICLE 1302, part 3 . xxx; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share. |
| ARTICLE 1303, part 1. Subrogation transfers to the person subrogated the credit with all the rights thereto appertaining, either against the debtor or against third persons, xxx. | ARTICLE 1303, part 1. Subrogation transfers to the person subrogated the credit with all the rights thereto appertaining, either against the debtor or against third persons, xxx. |
| ARTICLE 1303, part 2. xxx, be they _____ or _____ of _____, subject to _____ in a conventional subrogation. | ARTICLE 1303, part 2. xxx, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. |
| ARTICLE 1304. A creditor, to whom _____ _____ has been made, may exercise his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in virtue of the partial payment of the same credit. | ARTICLE 1304. A creditor, to whom partial payment has been made, may exercise his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in virtue of the partial payment of the same credit. |
Created by:
carmi.veloza
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