A
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What clause ensures compliance by imposing a penalty?
A. Penal Clause
B. Joint Clause
C. Solidary Clause
A. Penal Clause
Art. 1226: a penal clause secures performance through penalty.
What obligation makes each debtor liable only for his part?
A. Solidary Obligation
B. Joint Obligation
C. Penal Obligation
B. Joint Obligation
- Art. 1207 states that liability in joint obligations is divided among debtors.
Can the court reduce a penalty if unconscionable?
A. Yes
B. No
C. Only if creditor agrees
A. Yes
Art. 1229 allows courts to lower iniquitous penalties.
When is an obligation presumed to be joint?
A. When not expressly solidary
B. When stated by law
C. When there are many creditors
A. When not expressly solidary
- Art. 1208 provides that obligations are presumed joint unless solidarity is clearly indicated.
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Can a creditor demand both fulfillment and penalty if stipulated?
A. Yes
B. No
C. Only in joint obligations
A. Yes
The Civil Code allows both if expressly provided in the contract.
When is an obligation solidary?
A. When stated by law, stipulation, or nature
B. When there are many debtors
C. When not mentioned in the contract
A. When stated by law, stipulation, or nature.
- Solidarity exists only when the law, agreement, or nature of the obligation requires it.
What does a penal clause substitute for?
A. Damages and interest
B. Ownership
C. Performance
A. Damages and interest
The penalty takes the place of damages and interest, unless agreed otherwise.
What obligation makes each debtor liable for the whole debt?
A. Solidary Obligation
B. Joint Obligation
C. Divisible Obligation
A. Solidary Obligation
- In solidarity, the creditor may demand the whole from any debtor.
What obligation can be performed in parts?
A. Indivisible Obligation
B. Divisible Obligation
C. Solidary Obligation
B. Divisible Obligation
Divisible obligations allow partial performance, as mentioned in Art. 1223.
Can the court reduce the penalty if the obligation was partly performed?
A. Yes
B. No
C. Only if requested
A. Yes
Partial or irregular performance justifies penalty reduction.
What is the effect if one solidary debtor is sued by the creditor?
A. Only he is bound
B. All debtors are bound
C. The case is dismissed
B. All debtors are bound
A court action against one solidary debtor benefits or prejudices all.
Is the penalty demandable without proof of damages?
A. Yes
B. No
C. Only with witness
A. Yes
- Art. 1228: penalty is enforceable even if damages are not proven.
If one solidary debtor is insolvent, who bears the loss?
A. The creditor
B. The co-debtors
C. The government
B. The co-debtors
Loss is shared proportionately among co-debtors, per Art. 1217.
Can a solidary debtor represent the others in beneficial acts?
A. Yes
B. No
C. Only with permission
A. Yes
- Art. 1212 says one solidary debtor may represent others if the act benefits all.
What obligation cannot be performed in parts?
A. Divisible Obligation
B. Indivisible Obligation
C. Joint Obligation
B. Indivisible Obligation
Indivisible obligations must be performed in full.
Can one solidary debtor represent others in harmful acts?
A. Yes
B. No
C. Sometimes
B. No
- No debtor may prejudice co-debtors without their consent.
Who is liable if performance is impossible due to one debtor’s fault?
A. All debtors equally
B. The debtor at fault
C. The creditor
B. The debtor at fault
Art. 1221: the debtor responsible for the impossibility must answer for damages.
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If the obligation with penal clause is null, is the penalty valid?
A. Yes
B. No
C. Sometimes
B. No
- Art. 1230 declares the penalty void if the principal obligation is void.
If a solidary debtor pays more than his share, what may he recover?
A. The excess
B. Nothing
C. Damages
A. The excess
Art. 1217 allows recovery only of what was paid beyond his own portion.
Can an obligation to deliver a specific car be divisible?
A. Yes
B. No
C. Sometimes
B. No
A determinate thing is indivisible by its nature.
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If no stipulation, can creditor demand both penalty and fulfillment?
A. Yes
B. No
C. Only if approved by court
B. No
By default, the creditor can demand only one remedy.
Can an obligation to pay money be divisible?
A. Yes
B. No
C. Only if agreed
A. Yes
Money is divisible since it can be delivered in parts.
If one debtor pays the whole debt, what right does he have?
A. Rescission
B. Reimbursement
C. Exemption
B. Reimbursement
The paying debtor can seek reimbursement from co-debtors for their shares.
How is divisibility determined?
A. By the will of creditor
B. By the nature of prestation
C. By the number of debtors
B. By the nature of prestation
The law (Art. 1225) states that the prestation itself decides divisibility.
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From whom may the creditor demand payment in a solidary obligation?
A. All debtors at once
B. Any one debtor
C. Only the richest debtor
B. Any one debtor
Art. 1216 gives the creditor the choice to collect from any debtor.