Extinguishment of Obligation MQ1

What do we mean when we say “the third party is subrogated to the rights of the creditor”? 5 pts

What is legal tender? 2 pts

What is the general effect of loss of the thing which is the object of an obligation? 5pts

Discuss the difference between a public document and a private document in terms of implied condonation of obligation. 5 pts

Define confusion or merger. 5 pts

The expenses of consignation when properly made shall be shouldered by:

• The debtor

• The creditor

• The creditor and debtor equally

• All persons interested in the obligation equally

A, B and C are solidary debtors of X for P 9,000. The debt is evidenced by a note executed by all the debtors and payable to the order of X. X indorsed the note to Y, and Y to Z. On the date of maturity, Z indorsed the note to A. The indorsement to A produced which of the following effects?

• The total obligation of P9,000 is extinguished. A can go after B and C for reimbursement at P3,000 each.

• Only P3,000 representing the share of A is extinguished. A, as the new creditor in his own right, can go after B and C to collect P3,000 each.

• The total obligation of P9,000 is extinguished. A can go after B and C to collect P3,000 each by virtue of his right as the new creditor of the note.

• No part of the note s extinguished because the indorsement made by Z was not in favor of all the debtors.

Donna, a student of ABC College, enrolled for the second semester of academic year 2014-15 and was required to pay a tuition fee of P22,000 for the semester. However, it turned out that ABC College owes Donna. P2,000 representing refunds due to Donna from tuition fee increase collected during the first semester by the school which was later disapproved by the CHED. In this case, Donna needs to pay ABC College only P20,000 by reason of:

• Condonation

• Merger

• Confusion

• Compensation

Expromission is different from delgacion in that in expromission:

• All the parties (original debtor, new debtor and creditor)must give their consent to the substitution of debtors.

• The new debtor is always entitled to demand reimbursement of what he paid and to subrogation.

• The insolvency of the new debtor may revive the right of the creditor to go after the original debtor.

• The substitution of the original debtor by a new one is initiated by a third person.

D is obliged to give a specific camera to C. Later, the parties agreed that D would instead give a cellphone which C knew was stolen by D.

• C may validly demand the delivery of the cellphone since it is not illegal per se.

• C may demand only the delivery of the camera since the original obligation subsists, the new obligation being void.

• C may demand the delivery of the camera or the cell phone at his option because the obligation has partaken the nature of an alternative obligation.

• C may not demand either the camera or the cellphone because the nullity of the new obligation rendered both obligations void.