Answers:

I.

A. Obligation is a juridical necessity to give, to do or not to do (art 1156)

Active subject – one in whose favor the obligation is constituted

Passive subject – one who has a duty to giving, doing or not doing

Object – prestation the conduct in which has to be observe by the debtor or obligor.

B. Yes the obligation is valid.

Obligation of contracts refers to the legal duty of contracting parties to fulfill the
promises specified in their contracts. If the obligations of a contract are in question, a
person's reasonable capacity to perform or refrain from performing the required task will be
taken into consideration. In a contract, the parties involved offer something valuable to one
another, which can be anything ranging from a product or service to money. They are
legally required to fulfill their obligations in order to complete the exchange.

Since both parties agreed upon the obligation of the obligor upon non-payment of
the of debt, the stipulation in the contract stand as it does not violate the rights of the obligor
nor it is contrary to law.

II.

A. Obligation arise from laws, contracts, quasi-contracts, Acts or omission punished by law and
Quasi-delict.
B. A and his employer’s obligation to C arise from, Contracts, for the breach of contract of
carriage, and obligation for acts or omission punished by law for the death of passenger C and
pedestrian B.
The defense of due diligence in selecting and supervision of the employee may be used as a
defense of the employer.

III.

A. The creditor has the right for the fruits of the thing from the time the obligation to deliver it
arises (1164)
May compel the debtor to make the delivery if it is a determinate thing.

Duties and obligation of the debtor.

1. To preserve or to take care of the thing due with the diligence of a good father or family
2. To deliver the fruits of the thing.
 3. To deliver its accessories and accessions.
4. To deliver the thing itself
5. To pay damage in case of breach of obligation.

B. Yes X is liable for the obligation, as such fire is not a fortuitous event nor an act of god, thus X is
liable for the thing lost which is the car.
Yes, he is still liable.
As I mention destruction by fire is not a fortuitous event nor an act of god, even though such car
is not specified of what type of car it is, the delay on the delivery of the car warrant for the
creditor to demand the perfection of the obligation.

IV.

A. 1. Demandability – a) pure. b)conditional. c) with a period

2. Plurality of object – a) simple. b) alternative, c) facultative
3. Plurality of subject – a) simple, b) joint, c)solidary
4. Performance – a)divisible, b) indivisible
5. Sanctions for breach – a) with a penal clause, b) without penal clause
B. Yes the action will prosper
Yes the above mention promise to pay “as soon as he has money” means that there is a
designated time period in which the debtor should pay his obligation. Though not expressly
above, the principle of “Payable when able” means that there is a designated time period for
payment of such obligation. Thus the action will prosper.

V. 1. No they cannot, a Joint obligation is one in which each of the debtors are only liable for a
proportionate part of the debt, as the agreement doesn’t specifically said that they are solidary liable for
the debt, means that A cannot alone be liable for the whole debt.

2.No D cannot alone proceed against the three for the whole indebtedness. Like debtors
creditors can only collect the proceeds proportionate to their credit. Thus D cannot demand for the
payment of the whole indebtedness.

3. D can only get the a part of the credit in the indebtedness and A is only liable proportionate to
his debt in the agreement.

4. No. In Joint Obligation, Debtors are only liable proportionate to their part in the debt, as such
if C, is insolvent, C’s part of the indebtedness doesn’t transfer to the other two debtors.
VI. Obligations are extinguish by payment or performance of the obligations, the loss of the thing due,
the condonation or remission of the debt, the confusion or merger of the rights of the creditor and the
debtor, compensation, novation.