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Oblicon Quiz 2
| Question | Answer |
|---|---|
| ARTICLE 1165. When what is to be delivered is a ____ ____ thing, the creditor, in addition to the right granted him by article 1170, may compel the debtor to ____ _____ _____. | ARTICLE 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by article 1170, may compel the debtor to make the delivery. |
| ARTICLE 1169 part 1. Those obliged to deliver or to do something incur in ___ from the time the ____ judicially or ____ demands from them the ____ of their obligation. | ARTICLE 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. |
| ARTICLE 1169, part 2. However, the ____ by the ____ shall not be necessary in order that ____ may exist: (1) When the obligation or the law ____ ____ ____; or | ARTICLE 1169, part 2. However, the demand by the creditor shall not be necessary in order that delay may exist: cdtai (1) When the obligation or the law expressly so declare; or |
| ARTICLE 1169, part 3. (2) When from the ____ and the ____ of the obligation it appears that | ARTICLE 1169, part 3. (2) When from the nature and the circumstances of the obligation it appears that |
| ARTICLE 1169, part 4. (2) ... the ____ of the ____ when the thing is to be ____ or the service is to be ____ was a ____ motive for the____ of the contract; or | ARTICLE 1169, part 4. (2) ... the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or |
| ARTICLE 1169, part 5 (3) When ____ would be ____, as when the obligor has rendered it ____ ____ _____ to ______. | ARTICLE 1169, part 5 (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. |
| ARTICLE 1169, part 6 In ____l obligations, neither party incurs in ____ if the other does not____ or is ____ ____ to comply in a proper manner with what is ____ upon him. | ARTICLE 1169, part 6 In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. |
| ARTICLE 1169, part 7 From the moment one of the parties ____ his obligation, ____ by the ____ begins. | ARTICLE 1169, part 7 From the moment one of the parties fulfills his obligation, delay by the other begins. |
| ARTICLE 1165, par. 2. If the thing is ____ or _____, he may ask that the obligation be ____ ____ at the _____ of the debtor. | ARTICLE 1165, par. 2. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. |
| ARTICLE 1167. If a person obliged to do something fails to do it, the same shall be _______ at _______ ________. | ARTICLE 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. |
| ARTICLE 1167, part 2. This same rule shall be observed if he does it ______ _______ of the ______ of the _______. Furthermore, it may be ____ that what has been _______ ________ ________ ________. | ARTICLE 1167, part 2. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been done poorly be undone. |
| ARTICLE 1168. When the obligation consists in _______ ______, and the obligor _____ what has been _______ him, it shall also be _____ at his _______. | ARTICLE 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. |
| ARTICLE 1170. Those who in the performance of their ______ are guilty of _______, __________, or _______, and those who in any manner ________ the tenor thereof, are liable for ________. | ARTICLE 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. |
| ARTICLE 1171. Responsibility arising from _____ is _____ in all obligations. Any waiver of an action for ______ _______ is void. | ARTICLE 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. |
| ARTICLE 1172. Responsibility arising from ______ in the performance of every kind of obligation is also demandable, but such liability may be regulated by the _______, according to the _______. | ARTICLE 1172. Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. |
| ARTICLE 1173. The fault or negligence of the obligor consists in the ______ of that ______ which is required by the ________ of the obligation and corresponds with the ________ of the ________, of the time and of the ______. | ARTICLE 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. |
| ARTICLE 1173, part 2. When negligence shows ______ _______, the provisions of articles 1171 and 2201, paragraph 2, shall apply. | ARTICLE 1173, part 2. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply. |
| ARTICLE 1173, part 3. If the law or contract does not state the ________ which is to be observed in the performance, that which is _______ of a ________ ________ of a _______ shall be _______. | ARTICLE 1173, part 3. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. |
| ARTICLE 1174, part 1. Except in cases expressly specified by the ______, or when it is otherwise declared by _______, or when the _____ of the ______ requires the ________ ________ _________, | ARTICLE 1174, part 1. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, |
| ARTICLE 1174., part 2. ....no person shall be responsible for those events which could not be ________, or which, _____ _____, were ______. | ARTICLE 1174., part 2. ....no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable. |
| ARTICLE 1175. Usurious transactions shall be governed by _________ _________. | ARTICLE 1175. Usurious transactions shall be governed by special laws. |
| ARTICLE 1176, part 1. The receipt of the principal by the creditor, without _______ with respect to the _______, shall give rise to the ______ that said _______ has been paid. | ARTICLE 1176, part 1. The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. |
| ARTICLE 1176, part 2. The receipt of a later ______ of a debt without _______ as to prior _______, shall likewise raise the ______ that such ______ have been paid. | ARTICLE 1176, part 2. The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid. |
| ARTICLE 1177, part 1. The creditors, after having ____ the ____ in ______ of the debtor to satisfy their claims, may _____ all the _____ and _____ all the _____ of the latter for the same purpose, | ARTICLE 1177, part 1. The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, |
| ARTICLE 1177, part 2. ...save those which are _______ in his ______; they may also ______ the _____ which the debtor may have ______ to _______ _______. | ARTICLE 1177, part 2. ...save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. |
| ARTICLE 1178. Subject to the laws, all ______ acquired in virtue of an obligation are ________, if there has been no _______ _______ ______ _______. | ARTICLE 1178. Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. |
| ARTICLE 1191. The power to _____ ______ is ______ in ______ ones, in case one of the _______ should not ______ _______ _______ is _______ _______ _______. | ARTICLE 1191. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. |
| ART. 191, 2 The______ party may choose ______ the _______ and the _______ of the obligation, with the _______ of _______ in ______ case. He may also seek _______, even after he has _______ ______, if the latter should become ______. | ART. 191, 2 The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. |
| ARTICLE 1191, par. 3. The court shall decree the ________ claimed, unless there be _______ ________ authorizing the ______ of a _______. | ARTICLE 1191, par. 3. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. |
| ARTICLE 1191, par. 4.This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with articles 1385 and 1388 and the Mortgage Law. | ARTICLE 1191, par. 4.This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with articles 1385 and 1388 and the Mortgage Law. |
| ARTICLE 1192. In case both parties have committed a _____ of the _______, the ______ of the first _____ shall be _____ ______ by the _____. | ARTICLE 1192. In case both parties have committed a breach of the obligation, the liability of the first infractor shall be equitably tempered by the courts. |
| ARTICLE 1192, part 2. If it cannot be ______ which of the parties ____ _____ the contract, the same shall be deemed ______ and ____ shall _____ his ____ _____. | ARTICLE 1192, part 2. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. |
| ARTICLE 1268, part 1. When the debt of a thing ______ and ______ proceeds from a criminal offense, the debtor shall not be exempted from the _____ of _____ _____, | ARTICLE 1268, part 1. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, |
| ARTICLE 1268, part 2. whatever may be the cause for the _____, unless the thing having been offered by him to the person who should _______ it, the latter refused without _______ to ______ it. | ARTICLE 1268, part 2. whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. |
| ARTICLE 1381. The following contracts are rescissible: (3) Those undertaken in ______ ______ ______ when the latter cannot in any other manner ______ the claims due them; | ARTICLE 1381. The following contracts are rescissible: (3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them; |
| ARTICLE 1608, part 1. The vendor may bring his action against every ________ whose right is derived from the ______, even if in the second contract no mention should have been made of the right to _______, | ARTICLE 1608, part 1. The vendor may bring his action against every possessor whose right is derived from the vendee, even if in the second contract no mention should have been made of the right to repurchase, |
| ARTICLE 1608, part 2. ...without prejudice to the provisions of the Mortgage Law and the Land Registration Law with respect to third persons. | ARTICLE 1608, part 2. ...without prejudice to the provisions of the Mortgage Law and the Land Registration Law with respect to third persons. |
| ARTICLE 1652, part 1. The ______ is ______ liable to the lessor for any _____ due from the _______. | ARTICLE 1652, part 1. The sublessee is subsidiarily liable to the lessor for any rent due from the lessee. |
| ARTICLE 1652, part 2. However, the _______ shall not be responsible ______ the _____ of ____ ____ from him, in accordance with the terms of the ______, at the time of the extra-judicial demand by the lessor. | ARTICLE 1652, part 2. However, the sublessee shall not be responsible beyond the amount of rent due from him, in accordance with the terms of the sublease, at the time of the extra-judicial demand by the lessor. |
| ARTICLE 1652, part 3. Payments of rent in advance by the ______ shall be ______ not to ____ ____ ____, so far as the lessor's claim is ______, unless said ______ were effected in virtue of the custom of the place. | ARTICLE 1652, part 3. Payments of rent in advance by the sublessee shall be deemed not to have been made, so far as the lessor's claim is concerned, unless said payments were effected in virtue of the custom of the place. |
| ARTICLE 1729. Those who put their labor upon or ______ ______ for a ________ of _______ undertaken by the ____ have an action against the ________ up to the amount owing from the latter to the ______ at the time the claim is made. | ARTICLE 1729. Those who put their labor upon or furnish materials for a piece of work undertaken by the contractor have an action against the owner up to the amount owing from the latter to the contractor at the time the claim is made. |
| ARTICLE 1729, part 2. However, the following shall not prejudice the _______, _______ and furnishers of materials: (1) Payments made by the owner to the _______ _______ they are _____; | ARTICLE 1729, part 2. However, the following shall not prejudice the laborers, employees and furnishers of materials: (1) Payments made by the owner to the contractor before they are due; |
| ARTICLE 1729, part 3. (2) _______ by the ______ of any amount due him from the owner. This article is subject to the provisions of special laws. | ARTICLE 1729, part 3. (2) Renunciation by the contractor of any amount due him from the owner. This article is subject to the provisions of special laws. |
| ARTICLE 1893. In the cases mentioned in Nos. 1 and 2 of the preceding article, the principal may furthermore bring an action against the ______ with respect to the obligations which the latter has contracted under the _________. | ARTICLE 1893. In the cases mentioned in Nos. 1 and 2 of the preceding article, the principal may furthermore bring an action against the substitute with respect to the obligations which the latter has contracted under the substitution. |
| ARTICLE 1942. The ______ is liable for the _____ of the thing, even if it should be through a _______ ________: (1) If he _____ the thing to any ______ different from that for which it has been loaned; | ARTICLE 1942. The bailee is liable for the loss of the thing, even if it should be through a fortuitous event: (1) If he devotes the thing to any purpose different from that for which it has been loaned; |
| ARTICLE 1942. (2) If he keeps it _______ than the ______ stipulated, or _______ the ______ of the use for which the commodatum has been constituted; | ARTICLE 1942. (2) If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted; |
| ARTICLE 1942. (3) If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation exempting the bailee from responsibility in case of a fortuitous event; | ARTICLE 1942. (3) If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation exempting the bailee from responsibility in case of a fortuitous event; |
| ARTICLE 1942. (4) If he _____ or ______ the thing to a third person, who is not a member of his household; (5) If, being able to save either the thing borrowed or his own thing, he chose to save the latter. | ARTICLE 1942. (4) If he lends or leases the thing to a third person, who is not a member of his household; (5) If, being able to save either the thing borrowed or his own thing, he chose to save the latter. |
| ARTICLE 1979. The depositary is liable for the ______ of the thing through a _____ ______: (1) If it is so ______; (2) If he ______ the thing without the _______ _______; | ARTICLE 1979. The depositary is liable for the loss of the thing through a fortuitous event: (1) If it is so stipulated; (2) If he uses the thing without the depositor's permission; |
| ARTICLE 1979. The depositary is liable for the loss of the thing through a fortuitous event: (3) If he ______ its return; (4) If he _____ others to _____ it, even though he himself may have been ______ to ______ the same. | ARTICLE 1979. The depositary is liable for the loss of the thing through a fortuitous event: (3) If he delays its return; (4) If he allows others to use it, even though he himself may have been authorized to use the same. |
| ARTICLE 2001. The act of a ______ or _______, who has entered the hotel is not deemed ______ _______, unless it is done with the use of ______ or through an _______ ________. | ARTICLE 2001. The act of a thief or robber, who has entered the hotel is not deemed force majeure, unless it is done with the use of arms or through an irresistible force. |
| ARTICLE 2147. The _______ manager shall be liable for any _____ _______: (1) If he undertakes _______ ________ which the owner was not ________ to embark upon; (2) If he has _______ his own _______ to that of the owner; | ARTICLE 2147. The officious manager shall be liable for any fortuitous event: (1) If he undertakes risky operations which the owner was not accustomed to embark upon; (2) If he has preferred his own interest to that of the owner; |
| ARTICLE 2147. The _______ manager shall be liable for any ______ _______: (3) If he _______ to _____ the _____ or business after _____ by the owner; (4) If he assumed the _______ in ______ _______. | ARTICLE 2147. The officious manager shall be liable for any fortuitous event: (3) If he fails to return the property or business after demand by the owner; (4) If he assumed the management in bad faith. |
| ARTICLE 2209, part 1. If the obligation consists in the payment of a _____ of ______, and the debtor incurs in _____, the ______ for ______, there being no stipulation to the contrary, | ARTICLE 2209, part 1. If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no stipulation to the contrary, |
| ARTICLE 2209, part 2. ... shall be the payment of the _______ _______ upon, and in the ______ of stipulation, the _______ ________, which is ______ per cent per annum. | ARTICLE 2209, part 2. ... shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six per cent per annum. |
| ARTICLE 552, part 1. A possessor in ______ ______ shall not be liable for the _______ or loss of the thing possessed, except in cases in which it is proved that he has acted with _______ _______ or ______, after the judicial _______. | ARTICLE 552, part 1. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons. |
| ARTICLE 552, part 2. A possessor in ______ ______ shall be liable for ________ or loss in ______ ______, even if caused by a _______ _______. | ARTICLE 552, part 2. A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. |
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carmi.veloza
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