Chapter 3

Question 1

Conjunctive Obligation

Answer 1

It is an obligation where all of the alternative should be done or give.

Question 2

Alternative Obligation

Answer 2

There are many prestations but only one can be performed or given.

Question 3

Simple Obligation

Answer 3

1 prestation

Question 4

Facultative Obligation

Answer 4

1 prestation but with substitute

Question 5

Effect of Loss (Debtor’s choice)
1.) What is the effect if, through the debtor’s loss, an alternative was lost?
2.) If through the debtor’s loss, all alternative was lost?
3.) What if only one remain because of debtor’s fault?

Answer 5

1.) The other alternatives can be chosen since it is the debtor’s choice.
2.) The last alternative lost value plus damages.
3.) The obligation becomes simple.

Question 6

Naturally, who has the right of choice in alternative obligation?

Answer 6

Debtor, if stipulated then creditor.

Question 7

Who has the right of substitution in facultative obligation?

Answer 7

Only the debtor.

Question 8

Effects of Loss (Debtor’s choice)
Through fortuitous event
1.) What is the effect if all was lost?
2.) What is the effect if only one remains?

Answer 8

1.) The obligation is extinguished since no person is liable for a fortuitous event unless stated by law,
2.) The obligation becomes simple

Question 9

Compound Obligation

Answer 9

Two or more prestations

Question 10

What is the remedy of the debtor if he can’t make a choice because of the creditor?

Answer 10

He can rescind or cancel the obligation (if an alternative was loss through creditor’s fault he will pay the value of it with damages)

Question 10

What is the remedy of the debtor if he can’t make a choice because of the creditor?

Answer 10

He can rescind or cancel the obligation (if an alternative was loss through creditor’s fault he will pay the value of it with damages)

Question 11

Joint Obligation

Answer 11

When the debtor’s shares are proportionate to the whole obligation (hati-hati) “each to their own”

Question 12

Individual Obligation

Answer 12

Only 1 obligor or obligee

Question 13

Collective Obligation

Answer 13

2 debtors and/or creditors.

Question 14

Solidary Obligation

Answer 14

Where one of the debtor is bound to render to the whole obligation (passive solidary) and/or each creditors has the right to demand to the debtor of the whole obligation. (active solidary)
“One for all, all for one”

Question 15

Passive solidary

Answer 15

On the part of debtor

Question 16

Active solidary

Answer 16

On the part of creditor

Question 17

Conventional solidarity

Answer 17

When it is agreed upon by the parties

Question 18

Legal Solidarity

Answer 18

When it is imposed by law.

Question 19

Real solidarity

Answer 19

When it is imposed by nature of law

Question 20

Is a collective obligation presumed to be joint?

Answer 20

Yes

Question 20

What are others words for joint obligation?

Answer 20

Mancomunada; mancomundamente; pro rata; porportionately; we promise to pay

Question 21

Prima facie

Answer 21

It is a rebuttable presumption

Question 22

What is the right of the debtor in solidary obligation who paid the whole obligation?

Answer 22

He can reimburse the amount he paid from his co-debtor their proportionate share with interest if paid on the due date if not only the value of what he paid.

Question 23

Pure obligation

Answer 23

It is an obligation that is demandable at once.