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2.
D
D (give; to do[Specific performance is
not an allowable remedy in case of
breach of an obligor in obligations to
give & to do])
3.
4. C
5. D (1189)
(Effect of Loss, Deterioration, or Improvement
(Art. 1189)
1. If the thing is lost without the fault of the
debtor, the obligation shall be
extinguished;
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, or goes out ofcommerce,
or disappears in such a way
that its existence is unknown or it cannot
be recovered;
3. When the thing deteriorates without the
fault of the debtor, the impairment is to be
borne by the creditor;
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;
5. If the thing is improved by its nature, or by
time, the improvement shall inure to the
benefit of the creditor;
6. If it is improved at the expense of the
6. A (joint obligation)
Sec. 4. - Joint and Solidary Obligations
Joint obligation - obligation where there is a
concurrence of several creditors, or of several
debtors, or of several creditors and debtors, by
virtue of which each of the creditors has a right
to demand, and each of the debtors is bound to
render, compliance with his proportionatepart
ofthe prestation which constitutes the
obligation obligacion mancomunada
Solidary obligation obligation where there is a
concurrence of several creditors, or of several
debtors, or of several creditors and debtors, by
virtue of which each of the creditors has a right
to demand, and each of the debtors is bound to
render, entire compliance with the prestation
which constitutes the obligation obligacion
solidaria
Collective Obligations
(Art. 1207)
General rule: If there is a concurrence of several
creditors, or of several debtors, or of several
creditors and debtors,thepresumption is that
the obligation is JOINT and notsolidary.
Exceptions:
1. when the obligation expressly states that
there is solidarity;
7. D (Solidary)
9. D (Art. 1229)
(Art. 1229)
The penalty may be reduced:
if the principal obligation has been partly com plied w ith
some but not all the prestation are com plied with by the
debtor
refers to the quantity or quality of the
Performance
if the principal obligation has been irregularly complied
with
allthe prestations were com plied w ith but not in
accordance w ith the tenor of the agreem ent refers to the
form
if the penaltyis iniquitous or
uncon scionable.
***The creditor cannot recover m ore than the
penalty stipulated even if he proves that the
damage suffered by him exceed in amount such
penalty.(the amount is already agreed upon )
(Art. 1239)
***It is essential that the person who pays the
obligation should have the necessary legal capacity to
effect such paym ent.
(Art. 1174)
3.
4.
(Art. 1255)
Cession or assignment - special form of payment
whereby the debtor abandons all of his property for
the benefit of the creditor in order that from the
proceeds thereof the latter may obtain payment of
their credits.
Requisit es:
plurality of debts
partial or relative insolvency of the debtor
acceptance of the cession by the creditor
insolvency Law- applicable if the creditor did not
accept the cession
Kinds of Cession:
contractual- Art. 1255, NCC
judicial- Insolvency Law
5.
intention.
(d) Extinguishes the obligation to the extent the value
of the thing deli vered (as equivalent of the
performance ofthe obligation)
ESSAY
1.
2.