LA Bar - Code 3 || Exam-Style Test with 100% Correct
Answers!!
Obligation correct answers An obligation is the legal relationship between two or more
persons.
An obligations exists when: correct answers (1) An obligor owes a performance in favor of
an obligee; and (2) the performance or duty is legally enforceable.
Effects of Obligations correct answers Obligee- The obligee is entitled to judicial
enforcement of the obligor's duty to perform, and to recover damages if the obligor fails to
perform.
Obligor- The obligor is entitled to be discharged from the obligation after performance has
been rendered in full.
Good Faith correct answers There is an overriding duty of good faith imposed on all obligors
and obligees.
Abuse of Right correct answers In addition, the civilian doctrine of "abuse of right" may be
invoked to prevent an obligee from exercising a right with the primary intention of harming
the obligor.
This is generally seen in the context of lease, but it applies to all obligations. The LASC
recognized its existence, but found no abuse where a lessor with a contractual right to reject
lessee's proposed assignment disapproved of assignment in order to negotiate higher rentals.
Natural Obligation correct answers A natural obligation exists when there is a moral, but not
judicially enforceable, duty to render performance, where "the law implies a particular moral
duty to render performance."
Effects of Natural Obligations correct answers Natural obligations produce three primary
effects:
(1) A natural obligation is not enforceable by judicial action. Thus, the obligee cannot compel
performance and the obligor is not bound to render a performance (even though the law tells
the obligor that he should perform).
(2) A performance freely rendered in compliance with a natural obligation cannot be
reclaimed. "Freely rendered" means that the obligor acted without compulsion (fraud or
duress). Performance of a natural obligation is freely rendered even though the obligor was
not aware that liberative prescription had run.
(3) A new contract made for the performance of a natural obligation is onerous, not
gratuitous. However, the promise must be express, in language that shows "a clear, distinct,
and unequivocal recognition and renewal of the debt as a binding obligation, anything short
thereof being insufficient." A mere acknowledgement of the debt is not an express promise to
pay, nor is a partial payment. **If the natural obligation is a prescribed debt, the new promise
must be in writing.
,Examples of Natural Obligations correct answers The code contains the following examples
of natural obligations: (1) prescribed debt, (2) a debt discharged in bankruptcy, (3) an
obligation incurred by one who lacks capacity, and (4) dispositions in a will that is null for
want of form. In addition the courts have found other situations give rise to natural
obligations for example: (a) a step-father's duty to pay medical expenses for his adult step-
son, and (b) an employee's duty to reimburse her employer for a bad third party check she
accepted in contravention of the employment manual.
Real Right correct answers A real right is a right in a thing that is good against the world.
Real Obligation correct answers A real obligation is an obligation incurred as the result of a
real right.
Transfer of Real Obligations correct answers Property Bound: A real obligation is transferred
to the person who acquires the thing to which the obligation is attached without any
agreement to that effect. Personal obligations, on the other had, cannot be transferred without
agreement.
Particular Successor Not Personally Bound: One who acquires a thing by particular title is not
personally bound by any real obligation that attaches to it. A particular successor may free
himself of the obligation by abandoning the thing.
Heritable Obligation correct answers An obligation is heritable if it can be enforced by or
against the successors of the original obligors and obligees; it is also transferable. Thus,
heritability concerns only the question of whether a third party can be substituted or added to
the obligation.
Strictly Personal Obligation correct answers A strictly personal obligation is an obligation
that is only enforceable by the original obligee or against the original obligor (thus it is not
heritable).
Determining Whether an Obligation is Strictly Personal correct answers Strictly Personal for
Obligor:
An obligation is strictly personal for the obligor if performance requires special skill or
qualification of the obligor, or if the obligation is to perform personal services.
Strictly Personal for Obligee:
An obligation is strictly personal for the obligee if performance is intended for that obligee's
exclusive benefit.
Conditional Obligations correct answers A conditional obligation is an obligation whose
occurrence depends on an uncertain event. Uncertainty over whether the vent will occur is the
key ingredient for a conditional obligation. If the event is certain to occur, the obligation is
not conditional, but one subject to a term.
Suspensive Condition correct answers When an obligation is subject to a suspensive
condition, that obligation is not enforceable unless and until the uncertain event occurs.
,Resolutory Condition correct answers When an obligation is subject to a resolutory condition,
that obligation is immediately enforceable, but it comes to an end if the uncertain event
occurs.
Potestative Condition correct answers A potestative condition is a condition whose
fulfillment is within a party's power.
Suspensive Potestative Condition correct answers An obligation with a suspensive condition
that depends on the "whim" of the obligor is null, but an obligation with a suspensive
condition that depends on the exercise of the obligor's "will" is valid.
"Whim" correct answers "Whim" means dependent entirely on the obligor's unbridled
discretion or arbitrariness.
"Will" correct answers A considered weighing of interests or the exercise of reasonable
discretion is not "whim" but "will." Therefore, an obligation depending on such a considered
judgement is not null.
Frequently used example: Humble Oil (La. 1946)
The sale of mineral royalty creates a potestative condition because the seller owes royalty
payments to the buyer if the seller drills for and finds oil himself, or if he executes a mineral
lease with a third party who drills for and finds oil. As to actually finding oil, that uncertain
event is not within anyone's control, so finding oil is not a potestative condition. However,
the seller is not bound to drill for oil (because he is not promising that he will drill). This
creates a suspensive potestative condition based on the seller's will because drilling is an
uncertain event within the seller's power to bring about, and the seller's decision on whether
to drill will be based on careful consideration--after all, it is in the seller's own interest to
drill.
Resolutory Potestative Condition correct answers Obligations with resolutory potestative
conditions whose fulfillment is within a party's power are not null, but the conditions must be
exercised in good faith.
Term correct answers A term is the period allowed for the performance of an obligation. It
may be express or implied. It may be "certain" or fixed; it may be "uncertain," either when it
is determinable (but not fixed), or when it is not determinable.
- A term is presumed to benefit the obligor and any term can be renounced by the party for
whose exclusive benefit it was established. In one example Carroll said that an interest
bearing loan would require renunciation by both parties because it is for the benefit of both.
- If the obligation is not subject to a term, performance is due immediately.
Distinguishing Terms from Conditions correct answers An uncertain term must be
distinguished from the uncertain event that constitutes a condition. With a condition, the
uncertainty concerns whether the event will occur. With a term, the uncertainty concerns
when the event will occur. Furthermore, a condition has to do with whether an obligation
exists, while a term has to do with whether an obligation has been breached.
, Ex: A subcontractor tells worker: "I'll pay you when I'm paid." This has been held to be a
term, rather than a condition.
Obligations with Multiple Persons correct answers If an obligation is binding on more than
one obligor, or binds an obligor to more than one obligee, the obligation is classified as either
several, joint, or solidary.
Several Obligations correct answers Several obligations exist when separate performances are
owed. Several obligations are treated as separate obligations, and produce the same legal
effects as obligations incurred through different juridical acts.
Joint Obligations correct answers Joint obligations exist for obligors when one performance
is owed, and when no joint obligor is bound for the whole and no joint obligee is entitled to
receive the whole performance.
Effects of Joint Obligations correct answers The legal effects of classifying an obligation as
joint depend on whether the obligation is divisible or indivisible.
An obligation is divisible when its object of performance is susceptible of division. If a joint
obligation is divisible, each obligor must perform his portion, and each obligee may receive
only her portion.
If a joint obligation is indivisible, joint obligors or obligees are governed by the rules of
solidarity. As a result, since joint obligations are governed either by the rules for several
obligations or by the rules for solidary obligations, the category of joint obligations is an
intermediate one between several and solidary.
Distinguishing Between Several and Joint Obligations correct answers The key to
distinguishing between several obligations and joint obligations is the object of the
obligation.
* In several obligations the objects are different-separate performances.
* In joint obligations there is a single object- one performance.
- Whether separate performances are owed or a single performance is owed is a matter of the
parties' intention.
Solidary Obligations correct answers An obligation is solidary for the obligors when each
owes the whole performance, and solidary for the obligees when each is entitled to receive
the whole performance.
Causes of Solidarity correct answers Solidarity may arise either voluntarily or by operation of
law. Whether an obligation is joint or solidary is a matter of the parties' intent, but solidarity
is not presumed. Solidary obligations may arise from different sources for each obligor.
Effects of Solidarity correct answers If an obligation is solidary for the obligees, the obligor
may extinguish the obligation by rendering performance to any of the solidary obligees. If an
obligation is solidary for the obligors, the obligee may demand the whole performance from
any of the solidary obligors.
Renunciation of Solidarity correct answers If there are solidary obligors, the obligee can
expressly renounce the solidarity in favor of one or more obligor (no particular form).
Answers!!
Obligation correct answers An obligation is the legal relationship between two or more
persons.
An obligations exists when: correct answers (1) An obligor owes a performance in favor of
an obligee; and (2) the performance or duty is legally enforceable.
Effects of Obligations correct answers Obligee- The obligee is entitled to judicial
enforcement of the obligor's duty to perform, and to recover damages if the obligor fails to
perform.
Obligor- The obligor is entitled to be discharged from the obligation after performance has
been rendered in full.
Good Faith correct answers There is an overriding duty of good faith imposed on all obligors
and obligees.
Abuse of Right correct answers In addition, the civilian doctrine of "abuse of right" may be
invoked to prevent an obligee from exercising a right with the primary intention of harming
the obligor.
This is generally seen in the context of lease, but it applies to all obligations. The LASC
recognized its existence, but found no abuse where a lessor with a contractual right to reject
lessee's proposed assignment disapproved of assignment in order to negotiate higher rentals.
Natural Obligation correct answers A natural obligation exists when there is a moral, but not
judicially enforceable, duty to render performance, where "the law implies a particular moral
duty to render performance."
Effects of Natural Obligations correct answers Natural obligations produce three primary
effects:
(1) A natural obligation is not enforceable by judicial action. Thus, the obligee cannot compel
performance and the obligor is not bound to render a performance (even though the law tells
the obligor that he should perform).
(2) A performance freely rendered in compliance with a natural obligation cannot be
reclaimed. "Freely rendered" means that the obligor acted without compulsion (fraud or
duress). Performance of a natural obligation is freely rendered even though the obligor was
not aware that liberative prescription had run.
(3) A new contract made for the performance of a natural obligation is onerous, not
gratuitous. However, the promise must be express, in language that shows "a clear, distinct,
and unequivocal recognition and renewal of the debt as a binding obligation, anything short
thereof being insufficient." A mere acknowledgement of the debt is not an express promise to
pay, nor is a partial payment. **If the natural obligation is a prescribed debt, the new promise
must be in writing.
,Examples of Natural Obligations correct answers The code contains the following examples
of natural obligations: (1) prescribed debt, (2) a debt discharged in bankruptcy, (3) an
obligation incurred by one who lacks capacity, and (4) dispositions in a will that is null for
want of form. In addition the courts have found other situations give rise to natural
obligations for example: (a) a step-father's duty to pay medical expenses for his adult step-
son, and (b) an employee's duty to reimburse her employer for a bad third party check she
accepted in contravention of the employment manual.
Real Right correct answers A real right is a right in a thing that is good against the world.
Real Obligation correct answers A real obligation is an obligation incurred as the result of a
real right.
Transfer of Real Obligations correct answers Property Bound: A real obligation is transferred
to the person who acquires the thing to which the obligation is attached without any
agreement to that effect. Personal obligations, on the other had, cannot be transferred without
agreement.
Particular Successor Not Personally Bound: One who acquires a thing by particular title is not
personally bound by any real obligation that attaches to it. A particular successor may free
himself of the obligation by abandoning the thing.
Heritable Obligation correct answers An obligation is heritable if it can be enforced by or
against the successors of the original obligors and obligees; it is also transferable. Thus,
heritability concerns only the question of whether a third party can be substituted or added to
the obligation.
Strictly Personal Obligation correct answers A strictly personal obligation is an obligation
that is only enforceable by the original obligee or against the original obligor (thus it is not
heritable).
Determining Whether an Obligation is Strictly Personal correct answers Strictly Personal for
Obligor:
An obligation is strictly personal for the obligor if performance requires special skill or
qualification of the obligor, or if the obligation is to perform personal services.
Strictly Personal for Obligee:
An obligation is strictly personal for the obligee if performance is intended for that obligee's
exclusive benefit.
Conditional Obligations correct answers A conditional obligation is an obligation whose
occurrence depends on an uncertain event. Uncertainty over whether the vent will occur is the
key ingredient for a conditional obligation. If the event is certain to occur, the obligation is
not conditional, but one subject to a term.
Suspensive Condition correct answers When an obligation is subject to a suspensive
condition, that obligation is not enforceable unless and until the uncertain event occurs.
,Resolutory Condition correct answers When an obligation is subject to a resolutory condition,
that obligation is immediately enforceable, but it comes to an end if the uncertain event
occurs.
Potestative Condition correct answers A potestative condition is a condition whose
fulfillment is within a party's power.
Suspensive Potestative Condition correct answers An obligation with a suspensive condition
that depends on the "whim" of the obligor is null, but an obligation with a suspensive
condition that depends on the exercise of the obligor's "will" is valid.
"Whim" correct answers "Whim" means dependent entirely on the obligor's unbridled
discretion or arbitrariness.
"Will" correct answers A considered weighing of interests or the exercise of reasonable
discretion is not "whim" but "will." Therefore, an obligation depending on such a considered
judgement is not null.
Frequently used example: Humble Oil (La. 1946)
The sale of mineral royalty creates a potestative condition because the seller owes royalty
payments to the buyer if the seller drills for and finds oil himself, or if he executes a mineral
lease with a third party who drills for and finds oil. As to actually finding oil, that uncertain
event is not within anyone's control, so finding oil is not a potestative condition. However,
the seller is not bound to drill for oil (because he is not promising that he will drill). This
creates a suspensive potestative condition based on the seller's will because drilling is an
uncertain event within the seller's power to bring about, and the seller's decision on whether
to drill will be based on careful consideration--after all, it is in the seller's own interest to
drill.
Resolutory Potestative Condition correct answers Obligations with resolutory potestative
conditions whose fulfillment is within a party's power are not null, but the conditions must be
exercised in good faith.
Term correct answers A term is the period allowed for the performance of an obligation. It
may be express or implied. It may be "certain" or fixed; it may be "uncertain," either when it
is determinable (but not fixed), or when it is not determinable.
- A term is presumed to benefit the obligor and any term can be renounced by the party for
whose exclusive benefit it was established. In one example Carroll said that an interest
bearing loan would require renunciation by both parties because it is for the benefit of both.
- If the obligation is not subject to a term, performance is due immediately.
Distinguishing Terms from Conditions correct answers An uncertain term must be
distinguished from the uncertain event that constitutes a condition. With a condition, the
uncertainty concerns whether the event will occur. With a term, the uncertainty concerns
when the event will occur. Furthermore, a condition has to do with whether an obligation
exists, while a term has to do with whether an obligation has been breached.
, Ex: A subcontractor tells worker: "I'll pay you when I'm paid." This has been held to be a
term, rather than a condition.
Obligations with Multiple Persons correct answers If an obligation is binding on more than
one obligor, or binds an obligor to more than one obligee, the obligation is classified as either
several, joint, or solidary.
Several Obligations correct answers Several obligations exist when separate performances are
owed. Several obligations are treated as separate obligations, and produce the same legal
effects as obligations incurred through different juridical acts.
Joint Obligations correct answers Joint obligations exist for obligors when one performance
is owed, and when no joint obligor is bound for the whole and no joint obligee is entitled to
receive the whole performance.
Effects of Joint Obligations correct answers The legal effects of classifying an obligation as
joint depend on whether the obligation is divisible or indivisible.
An obligation is divisible when its object of performance is susceptible of division. If a joint
obligation is divisible, each obligor must perform his portion, and each obligee may receive
only her portion.
If a joint obligation is indivisible, joint obligors or obligees are governed by the rules of
solidarity. As a result, since joint obligations are governed either by the rules for several
obligations or by the rules for solidary obligations, the category of joint obligations is an
intermediate one between several and solidary.
Distinguishing Between Several and Joint Obligations correct answers The key to
distinguishing between several obligations and joint obligations is the object of the
obligation.
* In several obligations the objects are different-separate performances.
* In joint obligations there is a single object- one performance.
- Whether separate performances are owed or a single performance is owed is a matter of the
parties' intention.
Solidary Obligations correct answers An obligation is solidary for the obligors when each
owes the whole performance, and solidary for the obligees when each is entitled to receive
the whole performance.
Causes of Solidarity correct answers Solidarity may arise either voluntarily or by operation of
law. Whether an obligation is joint or solidary is a matter of the parties' intent, but solidarity
is not presumed. Solidary obligations may arise from different sources for each obligor.
Effects of Solidarity correct answers If an obligation is solidary for the obligees, the obligor
may extinguish the obligation by rendering performance to any of the solidary obligees. If an
obligation is solidary for the obligors, the obligee may demand the whole performance from
any of the solidary obligors.
Renunciation of Solidarity correct answers If there are solidary obligors, the obligee can
expressly renounce the solidarity in favor of one or more obligor (no particular form).
