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Questions for OBLICON midterms

1. What is estoppel?

2. What are the remedies available to the creditor in case there is insufficient or
noncompliance of the debtor?

3. We agreed that I will give you my Dalmatian dog for Christmas. A few days before
December 25, my Dalmatian gave birth to 101 puppies. Do you have a claim over the
puppies or just the mama dog?

a. What if the Dalmatian gives birth after Christmas when I have yet to deliver it to
you?

4. What are the requisites for a fortuitous event to affect the existence of an obligation?

5. What is the difference between a period and a condition?

6. It was agreed that payment will be made by the debtor IF the debtor sings at the party
with his friend. However, during the party, only his friend was able to sing.

a. What effect does this have on the obligation?


b. What options are available to the creditor?

7. What is 1189 and when does it apply?

8. Can a past event be considered an obligation with a period or is it a conditional


obligation?

9. X borrowed from Y 5 million pesos. X agreed to a 10 % interest once the obligation


becomes due and demandable. X paid Y only 3.5 M pesos. Y accepted it happily and
without reservations or objections. However, after a few days, Y collects the difference.
A suit is filed against X.

a. What part/s of the sum of money can Y claim? And how can Y claim it?

10. Discuss the doctrine in Villamar vs Mangcoquil. Is rescission a matter of right of the
aggrieved party?

11. What is the difference of a suspensive condition and a suspensive term?

12. When can the court fix the term/period?

13. Discuss 1191, a Tacit Resolutory Condition


Questions for OBLICON midterms

a. According to Manglasang vs Northwestern University , what is a substantial


breach?

14. When can the creditor compel the debtor to make payment prior to the date of
agreement?

15. when there is a concurrence of two or more debtors and/or creditors, there is generally
assumed a joint obligation. When is there a solidary obligation?

16. If three debtors owe 900K to three creditors, how much can one creditor demand from
one debtor?

17. A,B, and C have agreed to give D,E, and F a horse.


i. What happens to the obligation if only A does not want to give a horse?
ii. What happens if only F, as a creditor, does not want to accept the horse?
ALTERNATIVE QUESTION TO 17
There is a written contract between three debtors and three creditors. A written
contract terminates after 10 years. Upon the ninth year, one of the creditors
demands from all the debtors. Will this interrupt the prescription period? Why?

18. What are the three types of solidary obligation?


a. The three debtors are solidarily bound to pay three jointly bound creditors 900
thousand. how much can one creditor demand from one debtor?

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