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The right of account is not purely personal 6 accion

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Unformatted text preview: operties of the debtor which are not exempt from execution; d. The debtor's assets are insufficient to satisfy his claims; and Page 109 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 e. The right of account is not purely personal 6. Accion Pauliana – asking the court to rescind or to impugn all the acts which the debtor may have done to defraud the creditors (Arts. 1380-1389) • REQUISITES: a. There is a credit in favor of plaintiff b. The debtor has performed an act subsequent to the contract, giving advantage to other persons c. The creditor is prejudiced by the debtor's act which are in favor of 3rd parties and rescission will benefit the creditor d. The creditor has no other legal remedy e. The debtor's acts are fraudulent Loss Deterioration Without the fault of the debtor Obligation is extinguished Impairment borne by the creditor With the fault of the debtor Debtor obliged to pay damages Creditor may choose between rescission or its fulfillment with damages in either case CHAPTER 3. - DIFFERENT KINDS OF OBLIGATIONS See Arts. 1179 - 1230 PRIMARY CLASSIFICATION OF OBLIGATIONS UNDER THE CIVIL CODE 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 QuickTime™ and a TIFF (Uncompressed) decompressor a. with a penal clause this picture. are needed to see b. without a penal clause PURE AND CONDITIONAL OBLIGATIONS (See Arts. 1179 – 1190) PURE – one whose effectivity or extinguishment does not depend upon the fulfillment or non- fulfillment of a condition or upon the expiration of a period and is demandable at once CONDITIONAL – one whose effectivity is subordinated to the fulfillment or non-fulfillment of a future AND uncertain event or upon a past event unknown to the parties CONDITION - Future and uncertain event or a past event unknown to the parties 1. S...
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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

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