Exam 10: Legal Obligations and Their Application

The court can fix the period when the obligation is subject to the sole will of the debtor.

An obligation in a contract which arises upon the death of one of the parties is classified as conditional obligation.

A & B both Filipinos are married. While having vacation in Hawaii, A executed a will in accordance with USA law, where there is only one (1) witness. Is the will valid?

In facultative obligations, only one thing is due but the debtor has reserved the right to substitute it with another. Consequently, the loss of the substitute extinguishes the obligation.

The lose of a determinate thing extinguishes the obligation to deliver by the obligor who is guilty of fault or delay.

The court may fix the period of payment when the duration depends upon the will of the debtor like in: "When my means permit me to do so", or "as soon as possible", or "as soon as I have money"

The President of a foreign country came to visit the Philippines in cognito. While enjoying the beautiful beach in Pagudpud, Ilocos Norte, he as caught in flagrante delicto raping a young girl. If you were a police officer, what would you do?

There is debtors fault in real obligation when a creditor demands the delivery of a thing not yet due.

An obligation where the period of payment is subject to the will of the debtor or obligor is void.

In 1986, A, a married woman file a petition for adoption of C which was granted. In 2011, A filed a petition to rescind or nullify the decree invoking Article 185 of the Family Code requiring that the husband and wife must jointly adopt and the retroactive provision of the Family Code under Article 256. How do you think the court will decide?

A subject matter if an obligation may be physically divisible but maybe deemed indivisible by law or by the intention of the parties.

An obligation subject to a resolutory condition is immediately demandable but is extinguished upon the happening of the condition.

A waiver made in advance not to file an action for damages based on future fraud in the performance of an existing obligation is void.

In an obligation to do or to render service, the oblique may impose personal force or coercion to compel the obligor to comply with his obligation.

When "A" promises to deliver to "B" one of his present antique ears, he is confined to deliver only any of the antique cars that presently belong to him.

The theft of a thing is considered force majeure which results in the extinguishment of an obligation to deliver the stolen thing.

A person who in the performance of his obligation is guilty of fraud, negligence or delay is liable for damages.

When two or more persons are liable under a contract or under a judgment to presumption is that their obligations is solidary and each debtor is liable for the entire obligations.

A debtor shall lose every right to make use of the period when he attempts to abscond.

The rule that once a criminal action is filed the civil action is suspended is absolute.