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1. A. NO.

Except in cases expressly specified by law or when it is otherwise decleared


by stipulation, or when the nature of the obligation requires the assumption
of risk, no person shall be responsible for those events whoch could not be
foreseen or which though forseen were inevitable (Art 1174).
When a debtor is unable to fulfil his obligation bec. Of fortuitous event or
force majeure the gen rule is that he cannot be held liable for damages for
non-performance.
To be exempt from liability, a person should be free from negligence in this
case.

B. NO.
This action is one based on culpa contractual due to breach of carriers
contract.

C. YES. If the credit of the debtor against a 3 rd person is certain, demandable


and liquidated.
Accion Subrogatoria: the action which the creditor may exercise in the place
of his negligent in order to preserve or recover for patrimony of the debtor
the product of such action, and then obtain therefrom the satisfaction of his
own credit.

D. If the donation is done with fraud YES. Creditors may rescind fraudulent
reductions of property of the debtorwhich constitute the guaranty for his
debts.

2. NO.
3. NO. The purely potestative condition destroys the efficacy of the legal tie.
A. Still invalid. When the potestative condition depends exclusively upon the
will of the debtor, the conditional obligation is void.
B. Valid. Mixed Condition: When the condition depend not only upon the will
of the debtor but also upon chance or the will of others, the obligation is
valid.

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