Oblicon Quiz 6
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| ARTICLE 1165, part 1. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by article 1170, may _______ the debtor to ________ ________ _______. | show 🗑
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| ARTICLE 1165, part 2. If the thing is indeterminate or ______, he may ask that the obligation be ______ with at the _______ of the ________. | show 🗑
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| show | ARTICLE 1165, part 3.
If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery.
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| ARTICLE 1189, par. (2) If the thing is ______ through the _____ of the debtor, he shall be obliged to pay ______; xxx | show 🗑
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| show | ARTICLE 1189, par. (2) part 2 xxx; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered;
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| show | ARTICLE 1245. Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in money, shall be governed by the law of sales.
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| ARTICLE 1252, part 1. He who has various debts of the same kind in favor of one and the same creditor, may declare at the _____ of ______ the ______, to which of them the same must be ______. | show 🗑
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| ARTICLE 1252, part 2. xxx. Unless the ______ so ______, or when the ________ of _______ is made by the party for whose benefit the _______ has been constituted, application shall not be made as to ______ which are _____ ______ ______. | show 🗑
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| ARTICLE 1252, part 3. xxx. If the ______ accepts from the ______ a ______ in which an application of the payment is made, the _____ cannot ______ of the same, unless there is a ______ for ______ the ______. | show 🗑
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| show | ARTICLE 1253. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered.
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| show | ARTICLE 1254, part 1. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, xxx.
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| show | ARTICLE 1254, part 2. xxx, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied.
If the debts due are of the same nature and burden, the payment shall be applied to all of them proportionately.
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| show | ARTICLE 1255, part 1. The debtor may cede or assign his property to his creditors in payment of his debts.
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| show | ARTICLE 1255, part 2. xxx. This cession, unless there is stipulation to the contrary, shall only release the debtor from responsibility for the net proceeds of the thing assigned.
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| show | ARTICLE 1255, part 3. xxx
The agreements which, on the effect of the cession, are made between the debtor and his creditors shall be governed by special laws.
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| ARTICLE 1256, part 1 . If the creditor to whom ______ of _____ has been made _____ without _____ ______ to accept it, the debtor shall be ______ from ______ by the consignation of the thing or sum due. | show 🗑
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| show | ARTICLE 1256, part 2. xxx.
Consignation alone shall produce the same effect in the following cases:
(1) When the creditor is absent or unknown, or does not appear at the place of payment;
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| ARTICLE 1256, part 3. xxx. (2) When he is _______ to receive the payment at the time it is due; (3) When, without just cause, he ______ to give a ______; | show 🗑
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| show | ARTICLE 1256, part 4. xxx.
(4) When two or more persons claim the same right to collect;
(5) When the title of the obligation has been lost.
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| ARTICLE 1257, part 1. In order that the consignation of the thing due may ______ the _______, it must _____ be _____ to the persons _____ in the ______ of the _______. | show 🗑
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| show | ARTICLE 1257, part 2. xxx.
The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment.
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| show | ARTICLE 1258, part 1. Consignation shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases.
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| show | ARTICLE 1258, part 2. xxx.
The consignation having been made, the interested parties shall also be notified thereof.
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| show | ARTICLE 1259. The expenses of consignation, when properly made, shall be charged against the creditor.
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| ARTICLE 1260, part 1. Once the consignation has been duly made, the debtor may ask the _____ to order the ______ of the ______. | show 🗑
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| show | ARTICLE 1260, part 2. xxx.
Before the creditor has accepted the consignation, or before a judicial declaration that the consignation has been properly made, xxx.
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| ARTICLE 1260, part 2. xxx. xxx, the debtor may ______ the _____ or the ______ _____, allowing the obligation to _____ _____ _____. | show 🗑
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| ARTICLE 1261. If, the consignation having been made, the creditor should authorize the debtor to _______ the _____, he shall _____ ______ ______ which he may have over the thing. The ___-______, _______ and ______ shall be released. | show 🗑
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| show | ARTICLE 1262, part 1. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay.
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| ARTICLE 1262, part 2. xxx. When by _____ or _____, the obligor is liable even for fortuitous events, the loss of the thing does not ______ the obligation, xxx. | show 🗑
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| ARTICLE 1262, part 3. xxx. xxx, and he shall be responsible for _____. The same rule applies when the ______ of _____ ______ requires the ______ ______ ______. | show 🗑
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| ARTICLE 1263. In an obligation to deliver a _____ ______, the _____ or ______ of anything of the same kind does not _____ the obligation. | show 🗑
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| show | ARTICLE 1264. The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation.
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| show | ARTICLE 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of article 1165.
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| show | ARTICLE 1266. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor.
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| show | ARTICLE 1267. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part.
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| ARTICLE 1268, part 1. When the debt of a thing certain and determinate proceeds from a _____ ______, the debtor shall not be exempted from the ______ of ______ _______, xxx. | show 🗑
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| ARTICLE 1268, part 2. xxx, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without _______ to accept it. | show 🗑
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| show | ARTICLE 1269. The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss.
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| ARTICLE 1270, part 1. Condonation or ______ is _____ ______, and requires the _____ by the obligor. It may be made ______ or ______. | show 🗑
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| show | ARTICLE 1270, part 2. xxx.
One and the other kind shall be subject to the rules which govern inofficious donations. Express condonation shall, furthermore, comply with the forms of donation.
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| ARTICLE 1271, part 1. The _____ of a _____ _____ evidencing a credit, _____ ______ by the creditor to the debtor, implies the _____ of the action which the former had against the latter. | show 🗑
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| show | ARTICLE 1271, part 2. xxx.
If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt.
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| ARTICLE 1272. Whenever the private document in which the debt appears is _____ in the _____ of the _____, it shall be _____ that the creditor delivered it ______, ______ the ______ is proved. | show 🗑
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| ARTICLE 1273. The renunciation of the principal debt shall _____ the ______ _______; but the waiver of the latter shall leave the former in force. | show 🗑
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| show | ARTICLE 1274. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its delivery to the creditor, is found in the possession of the debtor, or of a third person who owns the thing.
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| show | ARTICLE 1275. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person.
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| ARTICLE 1276. Merger which takes place in the person of the principal debtor or creditor benefits the ______. Confusion which takes place in the person of any of the latter does not extinguish the obligation. | show 🗑
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| show | 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.
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