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OBLICON
ARTICLE 1222-1224
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Created by
rie
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Cards (10)
What defenses can a
solidary debtor
avail himself of in actions filed by the
creditor
?
Defenses derived from the nature of the
obligation
and personal defenses.
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What are the defenses arising from the nature of the obligation for a
solidary debtor
?
Payment,
prescription
, remission,
statute of frauds
, and
vices of consent
.
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What are examples of
defenses
that are personal to a
solidary debtor
?
Minority
and
insanity
.
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Under what condition can a
solidary debtor
avail himself of defenses
personal to other
solidary creditors
?
Only regarding the part of the debt for which the other creditors are
responsible
.
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What is the difference between
divisible
and
indivisible
obligations?
Divisible: Can be performed
partially
(e.g.,
delivering
100 sacks of rice).
Indivisible: Cannot be performed partially (e.g., delivering a particular
computer
set).
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What does it mean if a thing is
indivisible
due to its value being impaired
disproportionately
when divided?
It means that dividing the thing would reduce its
overall value
significantly.
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What happens when a
debtor
does not comply with a joint
indivisible
obligation?
It gives rise to
indemnity
for damages from the time of non-compliance.
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How is the
liability
of
debtors
in a
joint indivisible obligation
characterized?
The liability is joint, meaning all debtors share responsibility for the obligation.
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What is the
consequence
for debtors who were ready to fulfill their promises in a joint
indivisible
obligation
?
They shall not contribute to the
indemnity
beyond their corresponding portion of the obligation.
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How does a
joint indivisible obligation
relate to Articles 1165, 1208, and 1209?
Article 1165
: Discusses the obligation to indemnify for damages.
Article 1208
: Addresses the effects of non-compliance.
Article 1209
: Relates to the joint liability of debtors.
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