Professional Documents
Culture Documents
1) When the obligation consists in not doing and the debtor does what has been
forbidden him, it shall also be undone at his expense. This legal provision refers to a
positive personal obligation.
Answer: False
When the obligation consists in not doing and the debtor does what has been forbidden
him, it shall also be undone at his expense. This legal provision refers to a positive
personal obligation.
2) To put an obligor in ordinary delay, there must be a demand upon him for the
performance of the obligation either judicially or extrajudicially. This is the general rule.
Answer: False
To put an obligor in legal delay, there must be a demand upon him for the performance
of the obligation either judicially or extrajudicially. This is the general rule.
3) If the debtor expressly admitted that he has been in default, there is no need for
further demand to place him in default. His acknowledgment of being in default is
sufficient.
Answer: True
If the debtor expressly admitted the reason for default then they need to perform it as
soon as possible
4) When demand is not excused, ordinary delay begins to arise from the time the
obligee made a demand for the performance of the obligation. Demand may either be
extrajudicial or judicial. Without demand, the effects of the said delay shall not arise.
Answer: False
When demand is not excused, ordinary delay begins to arise from the time the obligee
made a demand for the performance of the obligation. Demand may either be
extrajudicial or judicial. Without demand, the effects of the said delay shall still arise.
6) Mora accipiendi is the ordinary delay on the part of the creditor or obligee.
Answer: True
Mora accipiendi is default on the part of creditor.
9) When the obligation arose from a delict, the culprit is liable for the price of the thing
even if the loss of the thing subject of the crime was due to a fortuitous event, unless
the creditor is guilty of mora solvendi.
Answer: False
When the obligation arose from a delict, the culprit is liable for the price of the thing
even if the loss of the thing subject of the crime was due to a fortuitous event, unless
the creditor is guilty of mora accipiendi.
10) Default on the part of both the creditor and the debtor applies not only in unilateral
obligations but also in bilateral obligations.
Answer: True
Both parties have exchanged promises to each other.