alternative obligation from reciprocal obligation

She gave them to the plaintiff. The creditor can already compel the debtor to perform the obligation once the condition is perfected. True If the obligation does not fix a period, the court shall fix the period. True ACTIVE SUBJECT (Obligee/Creditor): the person who has the right or power to demand the prestation. Currency shall be payable within ONE (1) YEAR from date of execution of this instrument, payment of which shall be secured by an irrevocable standby letter of credit to be issued by any reputable local banking institution acceptable to the Vendor. Select one: use of money, goods or chattels or credits than the law allows. Q When you said upon full payment, are you referring to the agreed down payment of P2,200,000.00? c. Retroactive when there is a performance by a party in reciprocal obligation <p>when the obligation so provides</p> alternatives . The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest. Q On top of the printed name is Manny Sanchez, there is a signature, do you know who is that Manny Sanchez? Pages 715 Ratings 100% (8) 8 out of 8 people found this document helpful; This preview shows page 232 -. good faith of the debtor. 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In his Answer with counterclaim,6 Cortes claimed that the owner's duplicate copy of the three TCTs were surrendered to the Corporation and it is the latter which refused to pay in full the agreed down payment. Cost of. Section 4: Joint and Solidary Obligations. nature of the obligation requires solidarity. In an alternative obligation either party may choose as to who has the right of, If it is the creditor who has the right of choice, he loses his choice if all the. Implied Select one: What is Resolutory condition Philippines? b. End of preview. Blogspot.COM] MATH IN Mordern World ALL Prelim, Law on obligations and contracts (BAMM-6201-2013T). ___________________, or when through the fault of the creditor they have been impaired. a. d. Endorsed, Under Estoppel, when the obligee accepts the performance, knowing its incompleteness or 6 What is meant by reciprocal obligation? c. 4 an obligation is indivisible if so provided by law or intended by parties. To do ART. Select one: 1. a. a. Select one: Under Quasi-delict, Guardians are liable for damages caused by minors or incapacitated person who Each is created under a statute and must file a copy of its certificate. c. Express Indivisibility is established by the common agreement of the parties, by the nature of the object of the obligation and by law. 156447, April 26, 2005, 457 SCRA 263, 275. Usually, when an obligation is alternative, the choice of the item of performance belongs to the obligor unless it has been expressly or impliedly granted to the oblige. d. Test of negligence, Elements of Obligation where in there is power to demand the prestation or object. d. Legal, Under kinds of Penal clause as to purpose, _______________________ substitutes the damages He thus prayed that the Corporation be ordered to pay the outstanding balance plus interest and in the alternative, to cancel the sale and forfeit the P1,213,000.00 partial down payment, with damages in either case. Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. In a reciprocal obligation the remedy of the injured party is A Alternative C. In a reciprocal obligation the remedy of the injured. c. Creditor cannot claim for damages because it's the debtor's call. Select one: Obligations for whose fulfillment a day certain has been fixed, shall be demandable only when that day comes. It thus prayed for the award of damages, attorney's fees and litigation expenses arising from Cortes' refusal to deliver the same documents. agreed upon, and in the absence of the stipulation, the legal interest will be ___________percent This is a Premium document. a. d. Possible, ___________________________ is called when specifically stated. The mutual inaction of Cortes and the Corporation therefore gave rise to a compensation morae or default on the part of both parties because neither has completed their part in their reciprocal obligation.20 Cortes is yet to deliver the original copy of the notarized Deed and the TCTs, while the Corporation is yet to pay in full the agreed down payment of P2,200,000.00. Obligation Analytical cookies are used to understand how visitors interact with the website. On January 14, 1985, the Corporation filed the instant case5 for specific performance seeking to compel Cortes to deliver the TCTs and the original copy of the Deed of Absolute Sale. Ungraded . All of the choices In this case, the obligation of X terminates upon the arrival of the period. c. Pre contractual obligation clearly established or by thevery least, clearly inferable. 66-68. How can we protect ourselves from acidity? event unknown to the parties, is demandable at once. a. Both Parties shall execute this Agreement in good faith according to its terms and acknowledged business practices, such obligation shall extend to include all activities provided as part of the requirements under generally accepted business practices and prevailing regulations and laws in the Territory. It found that the parties agreed that the Corporation will fully pay the balance of the down payment upon Cortes' delivery of the three TCTs to the Corporation. A The broker told me that she delivered the title to the plaintiff. Select one: a. Q It is in the hands of the broker but there is no showing that it is in the hands of the plaintiff? Partial fulfillment By agreeing to transfer title upon full payment of P2,200,000.00, Cortes' impliedly agreed to deliver the TCTs to the Corporation in order to effect said transfer. These cookies ensure basic functionalities and security features of the website, anonymously. Past event Converted to simple and pure obligation There is no doubt that the contract of sale in question gave rise to a reciprocal obligation of the parties. Petitioner filed a motion for reconsideration but was denied on August 30, 1996; rollo, p. 53. 1. a. In Under payment by Cession, the debtor may cede or assign his property to his creditors in All of the choices or other mercantile documents shall produce effect of payment only when they are The obligation is demandable at once, without prejudice to the effects of the happening of the event. d. Extinguished, General rule: Creditor cannot be compelled to receive partial prestations as well as Debtor cannot be None of the choices WHEREFORE, in view of the foregoing considerations, the Motion for Reconsideration is hereby DENIED. a. Reparatory This website uses cookies to improve your experience while you navigate through the website. Q Did she not show you any receipt that she delivered to [Mr.] Dragon17 the title without any receipt? False A person alternatively bound by different . a. Period or term Select one: This mutual delay of the parties cancels out the effects of default,21 such that it is as if no one is guilty of delay.22. A resolutory condition (condition subsequent) extinguishes the obligation upon its fulfillment. Alternative searches for reciprocal obligation: Search for Synonyms for reciprocal obligation; c. Alternative Since Cortes did not perform his obligation to have the Deed notarized and to surrender the same together with the TCTs, the trial court erred in concluding that he performed his part in the contract of sale and that it is the Corporation alone that was remiss in the performance of its obligation. Select one: b. This argument would have been correct if Cortes actually surrendered the Deed and the TCTs to the Corporation. payment of his debts unless _______________________________. Not to do But opting out of some of these cookies may affect your browsing experience. This cookie is set by GDPR Cookie Consent plugin. With such delivery, the Corporation would have been placed in default if it chose not to pay in full the required down payment. b. Select one: Information and translations of reciprocal obligation in the most comprehensive dictionary definitions resource on the web. It does not store any personal data. Select one: c. One of the creditors failed to comply with what is incumbent of him Select one: filing of the criminal action does not suspend the civil action. a) Reciprocal obligations - are those which arise from the same cause and in which each party is a debtor and creditor of the other, such that the performance of one is designed to the be the equivalent and the condition for the performance of the other. d. Gambling, _________________________ are interests on obligation which have an extra contractual or While trying to pass each other on a narrow bridge, a passenger bus and a private automobile collided, and two persons, A and B, were injured. 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Had the following account balances after factory overhead had been closed to manufacturing overhead control: Manufacturing overhead control, P20,000 cr. Under Article 1169 of the Civil Code, from the moment one of the parties fulfills his obligation, delay by the other begins. 32013-A, located at Baclaran, Paraaque, Metro Manila. Developing Practices Concerning General Obligation School Bonds and Capital Outlay Financing. 8 Is the oblicon a suspensive or resolutory condition? Report an issue . True, As a general rule, partial payment is not allowed, creditor cannot be compelled to receive partial On which has for its object, when accomplished, the revocation of the principal obligation; for example, I will sell you my crop of cotton, if my ship America does not arrive in the United States, within six months. a. The issue therefore is whether there is delay in the performance of the parties' obligation that would justify the rescission of the contract of sale. d. Fulfillment, ___________________ is a kind of indivisible obligation even the object or service may be divisible, b. A pure obligation is one the performance of which "does not depend upon a future or uncertain event, or upon a past event unknown to the parties", and thus it. Passive Subject Terms in this set (283) What is an obligation. b. b. The rule on alternative obligations is governed by Article 1199 of the Civil Code, which states: Article 1199. An obligation is a juridical necessity to give, to do or not to do.

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alternative obligation from reciprocal obligation