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Module 4

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48 views3 pages

Module 4

Uploaded by

hilldeguzman510
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES-BATAAN BRANCH


Mariveles, Bataan

BUSINESS LAW (OBLIGATIONS AND CONTRACTS)


LAW 20053
Module # 4

Overview

This Module discusses Joint and Solidary Obligations, Divisible and


Indivisible Obligations, and Obligations with a Penal Clause.

Module Objective

At the end of this module, you are expected to:

1. Have clear understanding of Joint Obligations, Solidary


Obligations, Instances when there will be solidarity, Divisible
Obligations, Indivisible Obligations, Distinctions between
Joint, Solidary, Divisible and/or Indivisible obligations;

2. Have a clear under of principal obligation as distinguished


from an accessory obligation, and effects of penal clause; and

3. Give concrete examples of the said kinds of obligations.

Reading Assignment

Joint and Solidary Obligations (Art. 1207-1222)


Divisible and Indivisible Obligations (Art. 1223-1225)
Obligations with a Penal Clause
Pages 151-200, Recommended Book

Questionnaire

Define. (10 pts)

1. Joint Obligation
2. Solidary Obligation
3. Active Solidarity
4. Divisible Obligation
5. Quantitative Division
6. Legal Indivisibility
7. Joint Indivisible Obligation
8. Principal Obligation
9. Accessory Obligation
10.Penal Clause

Enumerate. (30 pts.)

1. Causes of Extinguishment of Obligations (10 pts.)


2. Instances where there is solidarity. (3 pts.)
3. Give Five (5) words indicating solidarity. (5 pts.)
4. Distinction between Indivisibility and Solidarity. (4 pts.)
5. Kinds of Indivisibility. Give example for each. (3 pts.)
6. Distinction between Penal Clause and Condition. (2 pts.)

Essay. (20 pts.)

1. A, B, and C are solidary debtors of D, E, and F who are, in turn solidary


creditors for the amount of PhP 30,000.

a. How much can D demand from A? Explain. (3 pts.)

b. Suppose that A paid the whole amount, can A go against B


and C? Explain. (3 pts.)

c. Suppose that B is insolvent at the time of the demand from D,


can A raise the defense of insolvency to B for B’s share?
Explain. (4 pts.)

2. A, B, and C are joint debtors of D, E, and F, who are, in turn, solidary


creditors, for the amount of PhP 30, 000.

a. Can D demand the amount of PhP 30,000 from A? Explain (3


pts.)

b. How much A must pay to E to settle his account? Explain (3


pts.)

c. Suppose that C is insolvent. Can D, E, and F demand the


amount of PhP 30, 000 from the A and B? Explain (4 pts.)

3. A, B, and C oblige themselves jointly to deliver to D a particular horse


on a certain date. The agreement among A, B, and C which was made
known to D is that they will contribute equally for the price of the horse.
The horse was not delivered on the certain date for failure of C to his
share of the purchase price. State the rights and obligations of the
parties. (5 pts.)
4. X promises to deliver to Y a specific dog. Their contract contains a
penal clause which states that in case of non-fulfillment, X shall pay a
penalty of PhP 30,000. X just wants to pay the penalty.

a. Can X validly do so? Explain (2.5 pts.)

b. Can Y refuse to accept the penaltyin lieu of the dog? Explain


(2.5 pts.)

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