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Oblicon Quiz 11
| Question | Answer |
|---|---|
| ARTICLE 1191, part 1. The power to rescind obligations is _____ in _____ ______, in case one of the obligors should not comply with what is incumbent upon him. | ARTICLE 1191, part 1. 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. |
| ARTICLE 1191, part 2. xxx. The injured party may choose between the _____ and the ______ of the obligation, with the payment of _____ in either case. xxx. | ARTICLE 1191, part 2. xxx. The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. xxx. |
| ARTICLE 1191, part 3. xxx. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. | ARTICLE 1191, part 3. xxx. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible. The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period. |
| ARTICLE 1191, part 4. xxx. 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. (1124) | ARTICLE 1191, part 4. xxx. 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. (1124) |
| ARTICLE 1370, part 1. If the terms of a contract are _____ and leave _____ _____ upon the _____ of the contracting parties, the _____ _____ of its _____ shall control. | ARTICLE 1370, part 1. If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. |
| ARTICLE 1370, part 2. xxx. If the _____ appear to be contrary to the _____ intention of the parties, the _____ shall prevail over the _____. (1281) | ARTICLE 1370, part 2. xxx. If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former. (1281) |
| ARTICLE 1371. In order to judge the _____ of the contracting parties, their _____ and _____ acts shall be _____ considered. (1282) | ARTICLE 1371. In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts shall be principally considered. (1282) |
| ARTICLE 1372. However _____ the terms of a contract may be, they shall not be understood to comprehend _____ that are _____ and _____ that are _____ from those upon which the parties _____ to agree. (1283) | ARTICLE 1372. However general the terms of a contract may be, they shall not be understood to comprehend things that are distinct and cases that are different from those upon which the parties intended to agree. (1283) |
| ARTICLE 1373. If some stipulation of any contract should admit of _____ ______, it shall be understood as bearing that import which is most _____ to _____ it _____. (1284) | ARTICLE 1373. If some stipulation of any contract should admit of several meanings, it shall be understood as bearing that import which is most adequate to render it effectual. (1284) |
| ARTICLE 1374. The various stipulations of a contract shall be interpreted _____, attributing to the _____ ones that _____ which may result from _____ of them taken _____. (1285) | ARTICLE 1374. The various stipulations of a contract shall be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly. (1285) |
| ARTICLE 1375. _____ which may have different significations shall be understood in that which is most in keeping with the _____ and _____ of the contract. (1286) | ARTICLE 1375. Words which may have different significations shall be understood in that which is most in keeping with the nature and object of the contract. (1286) |
| ARTICLE 1376. The _____ or _____ of the place shall be borne in mind in the _____ of the ambiguities of a contract, and shall fill the omission of _____ which are ordinarily established. (1287) | ARTICLE 1376. The usage or custom of the place shall be borne in mind in the interpretation of the ambiguities of a contract, and shall fill the omission of stipulations which are ordinarily established. (1287) |
| ARTICLE 1377. The interpretation of obscure words or stipulations in a contract shall _____ _____ the _____ who _____ the _____. (1288) | ARTICLE 1377. The interpretation of obscure words or stipulations in a contract shall not favor the party who caused the obscurity. (1288) |
| ARTICLE 1378, part 1. When it is _____ ______ to settle doubts by the rules established in the preceding articles, and the doubts refer to _____ _____ of a _____ contract, xxx. | ARTICLE 1378, part 1. When it is absolutely impossible to settle doubts by the rules established in the preceding articles, and the doubts refer to incidental circumstances of a gratuitous contract, xxx. |
| ARTICLE 1378, part 2. xxx, the least _____ of _____ and _____ shall prevail. If the contract is _____, the doubt shall be settled in favor of the greatest _____ of _____. | ARTICLE 1378, part 2. xxx, the least transmission of rights and interests shall prevail. If the contract is onerous, the doubt shall be settled in favor of the greatest reciprocity of interests. |
| ARTICLE 1378, part 3. xxx If the doubts are cast upon the _____ _____ of the contract in such a way that it cannot be known what may have been the intention or will of the parties, the contract shall be _____ and _____. (1289) | ARTICLE 1378, part 3. xxx If the doubts are cast upon the principal object of the contract in such a way that it cannot be known what may have been the intention or will of the parties, the contract shall be null and void. (1289) |
| ARTICLE 1380. Contracts _____ _____ upon may be rescinded in the cases established by law. (1290) | ARTICLE 1380. Contracts validly agreed upon may be rescinded in the cases established by law. (1290) |
| ARTICLE 1381, part 1. The following contracts are ______: (1) Those which are entered into by _____ whenever the _____ whom they represent suffer _____ by more than _____-_____ of the value of the things which are the object thereof; | ARTICLE 1381, part 1. The following contracts are rescissible: (1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof; |
| ARTICLE 1381, part 2.xxx; (2) Those agreed upon in representation of _____, if the latter suffer the _____ stated in the preceding number; | ARTICLE 1381, part 2.xxx; (2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number; |
| ARTICLE 1381, part 3. (3) Those undertaken in _____ of _____ when the latter cannot in any other manner collect the claims due them; | ARTICLE 1381, part 3. (3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them; |
| ARTICLE 1381, part 4. (4) Those which refer to _____ under _____ if they have been entered into by the defendant without the knowledge and approval of the litigants or of _____ _____ _____; | ARTICLE 1381, part 4. (4) Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority; |
| ARTICLE 1381, part 5. (5) All other contracts _____ ______ by _____ to be subject to rescission. (1291a) | ARTICLE 1381, part 5. (5) All other contracts specially declared by law to be subject to rescission. (1291a) |
| ARTICLE 1383. The action for rescission is _____; it cannot be instituted except when the party suffering damage has _____ _____ _____ _____ to obtain _____ for the same. (1294) | ARTICLE 1383. The action for rescission is subsidiary; it cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same. (1294) |
| ARTICLE 1384. Rescission shall be only to the _____ _____ to cover the _____ _____. (n) | ARTICLE 1384. Rescission shall be only to the extent necessary to cover the damages caused. (n) |
| ARTICLE 1385, part 1. Rescission creates the obligation to _____ the _____ which were the _____ of the _____, together with their _____, and the _____ with its _____; | ARTICLE 1385, part 1. Rescission creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; |
| ARTICLE 1385, part 2. xxx; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore. | ARTICLE 1385, part 2. xxx; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore. |
| ARTICLE 1385, part 3. Neither shall rescission take place when the things which are the _____ of the contract are _____ in the _____ of _____ _____ who did not act in ______ ______. | ARTICLE 1385, part 3. Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who did not act in bad faith. |
| ARTICLE 1385, part 4. In this case, indemnity for damages may be demanded from the person causing the loss. (1295) | ARTICLE 1385, part 4. In this case, indemnity for damages may be demanded from the person causing the loss. (1295) |
| ARTICLE 1387, part 1. All contracts by virtue of which the debtor alienates property by _____ ______ are presumed to have been entered into in ______ of _____, xxx. | ARTICLE 1387, part 1. All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, xxx. |
| ARTICLE 1387, part 2. xxx, when the donor did not _____ _____ _____ to pay all _____ contracted before the _____. | ARTICLE 1387, part 2. xxx, when the donor did not reserve sufficient property to pay all debts contracted before the donation. |
| ARTICLE 1387, part 3. xxx. Alienations by onerous title are also presumed _____ when made by persons against whom some _____ has been _____ in any instance or some writ of _____ has been issued. | ARTICLE 1387, part 3. xxx. Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been rendered in any instance or some writ of attachment has been issued. |
| ARTICLE 1387, part 4. xxx. The _____ or _____ need not refer to the property alienated, and need not have been obtained by the _____ seeking the _____. | ARTICLE 1387, part 4. xxx. The decision or attachment need not refer to the property alienated, and need not have been obtained by the party seeking the rescission. |
| ARTICLE 1387, part 5.xxx. In addition to these presumptions, the design to _____ _____ may be proved in any other manner recognized by the law of evidence. (1297a) | ARTICLE 1387, part 5.xxx. In addition to these presumptions, the design to defraud creditors may be proved in any other manner recognized by the law of evidence. (1297a) |
| ARTICLE 1388, part 1. Whoever acquires in _____ _____ the things alienated in _____ of _____, shall indemnify the latter for damages suffered by them on account of the _____, xxx. | ARTICLE 1388, part 1. Whoever acquires in bad faith the things alienated in fraud of creditors, shall indemnify the latter for damages suffered by them on account of the alienation, xxx. |
| ARTICLE 1388, part 2. xxx, whenever, due to any cause, it should be _____ for him to return them. If there are two or more _____, the _____ _____ shall be liable first, and so on _____. (1298a) | ARTICLE 1388, part 2. xxx, whenever, due to any cause, it should be impossible for him to return them. If there are two or more alienations, the first acquirer shall be liable first, and so on successively. (1298a) |
| ARTICLE 1389, part 1. The action to claim rescission must be commenced within _____ _____. | ARTICLE 1389, part 1. The action to claim rescission must be commenced within four years. |
| ARTICLE 1389, part 2. xxx. For persons under _____ and for _____, the period of _____ _____ shall not begin until the _____ of the former's _____, or until the _____ of the latter is known. (1299) | ARTICLE 1389, part 2. xxx. For persons under guardianship and for absentees, the period of four years shall not begin until the termination of the former's incapacity, or until the domicile of the latter is known. (1299) |
Created by:
carmi.veloza
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