Quiz on Brazilian Civil Code

According to the Brazilian Civil Code, debt remission is:

• A way of forced fulfillment of the obligation.

• The substitution of the due performance by another equivalent.

• The extinction of the obligation by the creditor's will to forgive the debt.

• The transfer of the obligation to a third party.

Regarding 'Dação em Pagamento', select the correct alternative:

• It happens when the debtor pays the amount due in current currency.

• It consists of the novation of the debt by a new obligation.

• The debtor delivers something else instead of the originally due performance, with the creditor's acceptance.

• It is a forced payment made by a third party.

Confusion extinguishes the obligation when:

• The creditor decides to forgive the debt.

• The debtor pays with a different asset than agreed.

• The creditor and the debtor become the same person.

• There is partial payment of the obligation.

Compensation occurs when:

• The creditor waives the debtor from fulfilling the obligation.

• Two people are simultaneously creditors and debtors of each other, provided the debts are liquid, due, and of fungible things.

• The debtor offers a different asset to the creditor.

• The obligation is replaced by a new one.

Novation requires, to be valid:

• The delivery of a different asset to the creditor.

• The existence of a new obligation with a new object or new debtor, and an unequivocal intention to novate.

• That there is compensation between the parties.

• That the debt is partially paid.

In the Law of Obligations, the imputation of payment consists of:

• The substitution of the object of the performance by another, with the creditor's consent.

• The indication, by the debtor or the creditor, of which among several debts will be considered settled by the payment made.

• The extinction of the debt through voluntary remission by the creditor.

• The compensation between performances of equal value, even without the parties' agreement.

Legal compensation depends on:

• Express agreement between the parties.

• Liquid, due, and enforceable debts between the parties.

• Payment by an interested third party.

• Confusion between the persons of the creditor and the debtor.

Debt remission can be presumed:

• When the creditor tears the debt title by mistake.

• When the creditor voluntarily delivers the obligation title to the debtor without demanding payment.

• When the debtor pays only part of the debt.

• When there is confusion between the parties.

In 'Dação em Pagamento', the legal effects occur:

• Only after judicial approval.

• With the creditor's agreement and the delivery of the agreed object.

• Regardless of the creditor's acceptance.

• Only if there is a substitution of the debtor.