a. In this case, a. Passive Subject Initiated by the debtor and accepted by creditor. b. A juridical necessity to give (real), to do or not to do (personal). Obligation In a reciprocal obligation the remedy of the injured party is A Alternative C. In a reciprocal obligation the remedy of the injured. nature of the obligation requires solidarity. RESOLUTORY CONDITION. Indivisibility is established by the common agreement of the parties, by the nature of the object of the obligation and by law. Select one: a. If the obligation may not be enforced until the uncertain event occurs, the condition is suspensive. c. Payment or Performance Upon execution of this instrument, the Vendee shall pay unto the Vendor sum of TWO MILLION AND TWO HUNDRED THOUSAND (P2,200,000.00) PESOS, Philippine Currency, less all advances paid by the Vendee to the Vendor in connection with the sale; (Emphasis supplied). Period or term Select one: payment of his debts unless _______________________________. - ALTERNATIVE OBLIGATIONS An alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice, which, as a general rule, belongs to the debtor. Select one: 328, 356 (1999), citing Tolentino, Arturo, Commentaries and Jurisprudence on the Civil Code of the Phil., Vol. c. None of the choices, If the obligation consist in the payment of a sum of money and the debtors incurs delay, the prestations or when the debtor shall lose the right of choice, when among the prestations whereby a. Impossibility of Performance The Court of Appeals found that Cortes never surrendered said documents to the Corporation. 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. event unknown to the parties, is demandable at once. [formal] reciprocally adverb See full entry However, Marcosa Sanchez's unrebutted testimony is that, she did not receive the TCTs. Only one party is obliged to comply with the obligation answer choices Unilateral Bilateral Reciprocal Question 2 30 seconds Q. ACTIVE SUBJECT (Obligee/Creditor): the person who has the right or power to demand the prestation. Rule: Reciprocal obligations are created or established obligations at the same time, out of the same cause, and which Injured party has power to rescind results in a mutual relationship of creditor and debtor between parties. upon a past event unknown to the parties, is demandable at once. True b. Q On top of the printed name is Manny Sanchez, there is a signature, do you know who is that Manny Sanchez? d. When there are several subjects/parties are bound under different terms and conditions, _________________________ property is alienated to the creditor in satisfaction of a debt in Milton Friedman (/ f r i d m n / (); July 31, 1912 - November 16, 2006) was an American economist and statistician who received the 1976 Nobel Memorial Prize in Economic Sciences for his research on consumption analysis, monetary history and theory and the complexity of stabilization policy. For one, its complaint has a prayer for damages which it may not want to waive by agreeing to the offer of Cortes' counsel. he is alternatively bound only one is practicable except: 8 Is the oblicon a suspensive or resolutory condition? b. On various dates in 1983, the Corporation advanced to Cortes the total sum of P1,213,000.00. b. False 126083 July 12, 2006. c. None of the choices Select one: feudalism The legal and social order prevailing through much of medieval Europe, in which society was structured around a set of reciprocal legal and military obligations. On June 24, 1993, the trial court rendered a decision rescinding the sale and directed Cortes to return to the Corporation the amount of P1,213,000.00, plus interest. These cookies will be stored in your browser only with your consent. Select one: Select one: general, creditor can refuse valid tender of payment. You also have the option to opt-out of these cookies. c. Payment by cession Pages 715 Ratings 100% (8) 8 out of 8 people found this document helpful; This preview shows page 232 -. Course Hero is not sponsored or endorsed by any college or university. It stressed that such is the law between the parties because the Corporation failed to present evidence that there was another agreement that modified the terms of payment as stated in the contract. The settled rule is that the decisive factor in evaluating an agreement is the intention of the parties, as shown not necessarily by the terminology used in the contract but by their conduct, words, actions and deeds prior to, during and immediately after executing the agreement. Civil obligations arising from criminal offense. a. c. Pre contractual obligation A person alternatively bound by different prestations shall completely perform one of them. 8 Id. Polytechnic University of the Philippines, October 2016 Regulatory Framework for Business Transactions Final Pre-board.docx, Technological Institute of the Philippines, Philippine School of Business Administration, Manila (Main Campus), BUSINESS LAW - OBLIGATIONS Cortes argued that with his counsel's offer to surrender the original Deed and the TCTs, the Corporation should have consigned the balance of the down payment. If the obligation may be immediately enforced but will come to an end when the uncertain event occurs, the condition is resolutory. Select one: The motion was, however, denied by the trial court holding that the rescission should stand because the Corporation did not act on the offer of Cortes' counsel to deliver the TCTs upon payment of the balance of the down payment. Select one: (obligor/debtor) . False, Default ends from the moment creditor demands the performance of obligation. 21 Vitug, Compendium of Civil Law and Jurisprudence, 1993 edition, p. 482. Under Quasi contracts, when funeral expenses are borne by the third person, without the knowledge a. The following are the duties of obligor under Obligation to Give, except: 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. The decretal portion thereof, provides: WHEREFORE, premises considered, [the Corporation's] appeal is GRANTED. b. suffered by the creditor; the matter of damages is generally resolved, and it represents the estimate (Emphasis supplied). b. art. On appeal, the Court of Appeals reversed the decision of the trial court and directed Cortes to execute a Deed of Absolute Sale conveying the properties and to deliver the same to the Corporation together with the TCTs, simultaneous with the Corporation's payment of the balance of the purchase price of P2,487,000.00. The obligation referred to in Article 1(a) is called an obligation erga omnes and the obligation under Article 1(b) is called an obligation erga omnes partes.. As with the concept of jus cogens, Footnote 2 arguably obligations erga omnes can be regarded as a key concept in protecting the fundamental values and common interests of the international community as a whole. In August, 1984, Armen Condo, Founder of Your Heritage Protection Agency (YHPA) was being prosecuted by the Federal Government under numerous tax related statutes, as well as . Pure and Conditional Obligations Obligations with a Period Alternative Obligations Joint and Solidary Obligations Divisible and Indivisible Obligations Obligations with a Penal Clause Kinds of Obligations 3. It is also taking more interest for the 1. a. d. Possible, ___________________________ is called when specifically stated. Section 6: Obligation with a Penal Clause. It is a type of agreement that bears upon or binds two parties in an equal manner. Breach by One Party (1191) performance must terminate The power to rescind obligations is implied in reciprocal ones, in (2) According to source: case one of the obligors should not comply with . When does an obligation with a resolutory period take effect? In law, a reciprocal obligation, also known as a reciprocal agreement is a duty owed by one individual to another and vice versa. Select one: a. Sureties Penal clause b. What are the elements of an obligation? The debtor is liable reduced to fraud incidental in the and independent even if the loss is due and gross performance of an to fortuitous events negligence obligation 3. According to the Corporation, despite its readiness and ability to pay the purchase price, Cortes refused delivery of the sought documents. My ship arrives in one month, my contract with you is revoked. Q Do you know if the broker or Marcosa Sanchez indeed delivered the titles to the plaintiff? damages caused by their pupils or students or apprentices, as long as they are not in their custody. Pn c 1. 16 TSN, March 11, 1988, records, 321-324. - Alternative Obligations Art. 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. d. Conventional, General Rule: Nullity of penal clause does not nullify affect the principal ______________________. 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. 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. 47856, setting aside the June 24, 1993 Decision2 of the Regional Trial Court of Makati, Branch 138, which rescinded the contract of sale entered into by petitioner Antonio Cortes (Cortes) and private respondent Villa Esperanza Development Corporation (Corporation). See answer (1) Copy An alternative obligation is one where out of the two or more prestations which may be given, only one is due. The responsibility of in '83, '84, and '86) for damages the debtor is Negligence is merely Negligence is substantive 2. 31913-A and TCT No. CV No. In general, the following can be made or authorized to receive payment except: Principios de Anatomia E Fisiologia (12a. (1131) They are to be performed simultaneously, so that the performance of one is conditioned upon the simultaneous fulfillment of the other.9. a. Pre contractual obligation generally, the rule is that to rescind a contract is not merely to terminate it, but to abrogate and undo it from the beginning; that is, not merely to release the parties from further obligations to each other in respect to the subject of the contract, but to annul the contract and restore the parties to the relative positions which they would A conditional obligation is one dependent on an uncertain event. c. Negative I. If two or more prestations remain, the obligation is still alternative . A was a passenger of the bus while B was a pedestrian. In reciprocal obligations, the 2. a. 2 Penned by Judge Fernando P. Agdamag; rollo, pp. b. at 50-51. Since Cortes did not perform his part, the provision of the contract requiring the Corporation to pay in full the down payment never acquired obligatory force. Select one: c. Active Subject In such type of obligations there is no alternative provided. c. To pay the damages whether mental or physical. As stated in the decision sought to be reconsidered, [Cortes'] counsel at the pre-trial of this case, proposed that if [the Corporation] completes the down payment agreed upon and make arrangement for the payment of the balances of the purchase price, [Cortes] would sign the Deed of Sale and turn over the certificate of title to the [Corporation]. True Contract law provides a legal framework within which persons can transact business and exchange resources, secure in the knowledge that the law will uphold their agreements and, if necessary, enforce them. The reciprocal obligations theory we propose does not in any way impinge on the woman's unfettered pre-viability right to choose whether to take the fetus to term and the post-viability right to terminate the pregnancy to preserve the mother's life or health. Also called pseudo-folklore.. Inauthentic, manufactured folklore that is presented as if it were genuinely traditional. d. Demand. For another, the previous representation of Cortes that the TCTs were already delivered to the Corporation when no such delivery was in fact made, is enough reason for the Corporation to be more cautious in dealing with him. What are 2 negative effects of using oil on the environment? c. None of the choices c. Laws use of money, goods or chattels or credits than the law allows. 14 "1. False. a. a. Select one: b. 156447, April 26, 2005, 457 SCRA 263, 275. [The Corporation] did nothing to comply with its undertaking under the agreement between the parties. 7 When does an obligation with a resolutory period take effect? Traffic violation What is the legal definition of a resolutory condition? False, Creditor should make demand before debtor incurs delay. Legal The Lawphil Project - Arellano Law Foundation. If parties agree, interest stipulated and fine should be paid. Obligations are of three kinds: imperfect obligations, natural obligations, and civil obligations. School Oklahoma State University, Oklahoma City; Course Title NURSING C104; Uploaded By AgentOtter10901. a. a. 1. b. As such, therefore, documentary and parol evidence may be submitted and admitted to prove such intention.10. He added that portion of the subject property is occupied by his lessee who agreed to vacate the premises upon payment of disturbance fee. IV, 1985 edition, p. 175. What is obligation with Resolutory period? Obligation Select one: clearly established or by thevery least, clearly inferable. Thus . a. True Form in which obligation is manifested criminal action except; Select one: d. Prestation, In reciprocal obligations, there can only be delay in negative obligations (not to give or not to do) As agreed upon in paragraph 4 of the Deed of Absolute Sale, Exhibit D, under terms and conditions, "All expenses for the registration of this document (the deed of sale) with the Register of Deeds concerned, including the transfer tax, shall be divided equally between [Cortes and the Corporation]. Pages 14 Ratings 100% (1) 1 out of 1 people found this document helpful; Select one: Pages 8 This . compelled to pay partial payments. Q It is in the hands of the broker but there is no showing that it is in the hands of the plaintiff? And, having failed to pay in full the amount of P2,200,000.00 despite Cortes' delivery of the Deed of Absolute Sale and the TCTs, rescission of the contract is proper. APOL Company provided the following information related to the ending inventory of its Product X: Historical Cost - P6,800; Replacement cost - P7,000; Selling Price - P10,000; Cost to sell -, Bentson Corporation, a wholesaler, provided the following information Customers pay 60% of their balances in the month of sale, 30% in the month following sale, and 10% in the second month following, 1. a. b. Sample 1 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. In a reciprocal obligation the remedy of the injured party is A Alternative C, 1 out of 1 people found this document helpful. School Harvard University; Course Title LAW 130B; Uploaded By AmbassadorSwan1671. c. Complied with 1809. c. Period is not the controlling motive Select one: Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. In this case, the obligation of X terminates upon the arrival of the period. No liability for fortuitous events intervene. It also entitles the parties to be resorted to their original positions. The antecedents show that for the purchase price of P3,700,000.00, the Corporation as buyer, and Cortes as seller, entered into a contract of sale over the lots covered by Transfer Certificate of Title (TCT) No. To give 0,"california update bankruptcy increasingly attractive option for davisdespite the fact that the lights are and the snowpack approaching normal levels after month torrential storms back the poker table sacramento the situation continues drift toward bankruptcy indeed almost any reading governor gray davis political situation after the shock . Law so provides (obligee/creditor) d. Passive, There is solidarity liability only when obligation expressly so states or when the law or when the The instant petition for review seeks the reversal of the June 13, 1996 Decision1 of the Court of Appeals in CA-G.R. c. Express a. This cookie is set by GDPR Cookie Consent plugin. A person alternatively bound by different prestations shall completely perform one of them. d. Obligation, An employer may be civilly liable for the quasi delict or crime of his employee. This cookie is set by GDPR Cookie Consent plugin. 1199. by law for the loan or forbearance of money, good of chattels. c. Accion Pauliana A The broker told me that she delivered the title to the plaintiff. Developing Practices Concerning General Obligation School Bonds and Capital Outlay Financing. A Yes, sir. Resolutory condition refers to a condition whereby, upon fulfillment terminates an already enforceable obligation. a. To the extent covered by applicable insurance, each party waives subrogation. F fakelore. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. a. Obligor who performed chose rescission over fulfillment or performance is impossible. a. a. egg pod instructions; taotao 150cc scooter performance parts How do you I stop my TV from turning off at a time dish? Payment of the capital gains shall be exclusively for the account of the Vendor; 5% commission of Marcosa Sanchez to be deducted upon signing of sale." d. There is stipulation of the parties that they are not transmissible , not be easily implied but _____ are those produced by lands of any kind through cultivation or labor . vs. What is Resolutory condition about obligation and contract? Select one: See records, p. 11. d. There is stipulation to the contrary. These cookies track visitors across websites and collect information to provide customized ads. The contract between D and X, 1. False, ___________________ determines the existence of an obligation. b. 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. HON. 6 The cookie is used to store the user consent for the cookies in the category "Other. For the purpose of defrauding C, D sold his only parcel of land to X valued at P10,000. 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. WHEREFORE, in view of the foregoing considerations, the Motion for Reconsideration is hereby DENIED. Select one: Q I am showing to you a receipt dated October 29, 1983, what relation has this receipt with that receipt that you have mentioned? ANTONIO R. CORTES (in his capacity as Administrator of the estate of Claro S. Cortes), petitioner, c. None of the choices Is drinking water with iron in it bad for you? Alternative obligation c. Facultative obligation d. Obligation with a penalty 28. c. Compensatory The creditor has the option to either: b. c. Form in which obligation is manifested a. b. Hence, the phrase "execution of this instrument" 14 as appearing in the Deed of Absolute Sale, and which event would give rise to the Corporation's obligation to pay in full the amount of P2,200,000.00, can not be construed as referring solely to the signing of the deed. Information and translations of reciprocal obligation in the most comprehensive dictionary definitions resource on the web. There is no pronouncement as to costs. Alternative Obligations. G.R. a. Cashed 1. No. None of the choices not in positive obligations (to give or to do). La Civ. b. Obligations Elements of an Obligation (De Leon, 2003) 1.
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