A a solidary creditor can assign his right even

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A. A solidary creditor can assign his right even without the consent of the other creditors B. Remission of the debt by any of the solidary creditors shall extinguish the obligation C. If two or more solidary debtors offer to pay, the creditor may choose which offer to accept D. The debtor may pay any of the solidary creditors but if any demand has been made by one of them, payment should be made to him 86. Which of the following statements is correct? A. The effect of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation B. If the obligation is unilateral, the fruits and interest during the pendency of the condition shall be deemed to have been mutually compensated C. If the obligation imposes reciprocal prestations upon the parties, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention was different D. In an obligation to do and not to do, the parties shall determine, in each case the retroactive effect of the condition that has been complied with 87. A, B and C are solidary debtors sharing at 1:2:3 of solidary creditors W and Y sharing at 1:2. The obligation is P12,000. If B is a minor and C is insolvent and W condones the obligation of A without the consent of Y, how much can W collect from A? A. P8,000 B. P6,000 C. P2,000 D. P0 Computation Mixed Solidary Debt P12,000 Less: Share of B, a minor in solidary debt, real defense (P12,000 x 2/6) ( 4,000) Less: Share of A which is condoned by solidary creditor (P12,000 x 1/6) ( 2,000) Amount that W can collect from A P6,000 Even though the obligation is solidary, the share of the minor debtor may still be setup as a defense because it is a real defense but only in so far as the share of the minor is concerned.
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Page 18 88. A, B and C are solidary debtors of W and Y, joint creditors for P12,000 where the share of the debtors in the obligation is 2:3:5 while the share of the creditors is 1:2. If A is insolvent, which of the following is correct? A. W can collect from B P3,200 B. Y can collect from C P6,400 C. W or Y can collect from B and C P12,000 D. Y can collect from either B or C P8,000 Computation Share of joint creditor Y from the obligation (P12,000 x 2/3) P8,000 Since the obligation is joint only on the part of creditor, Y can only proportionately collect his share of 2/3 out of P12,000 or P8,000 from either B and C, the solidary debtors who are not insolvent. Since the obligation is solidary on the party of debtor, B and C will absorb the insolvency of A. 89. A pointed a gun and threatened to kill B if B will not sign a promissory note which reads “I promise to pay A, P100,000”. Out of fear, B signed the note. It turned out that two days earlier, A’s obligation to B amounting to P100,000 became due and B demanded payment. Now, A alleges compensation. Is A correct? A. Yes, because the promissory note is valid B. No, because the promissory note was signed only because there was intimidation C. Yes, provided B will agree D. No, because A’s obligation does not exist 90. A has two creditors, B and C. the obligation to B is P10,000 and to C is P12,000. Later, with the consent of A and B, W pays B P10,000. Now W and C are the creditors of A. Suppose A has only P12,000, which is correct?
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  • Summer '18
  • Jane
  • Bankruptcy, d., Promissory note, B., c.

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