Obligations and Contracts - Quiz No. 3

The injured party under Article 1191 is strictly the creditor, since only the creditor can demand performance.

• True

• False

Rescission under Article 1191 must always be judicial, even if the other party does not object.

• True

• False

The right to rescind can be exercised even when the breach is only slight, as long as it affects performance.

• True

• False

If specific performance becomes impossible without the creditor's fault, rescission may then be pursued.

• True

• False

Specific performance applies only to obligations to give, not to obligations to do or not to do.

• True

• False

In obligations to do, specific performance may mean forcing performance or undoing what was improperly done.

• True

• False

The creditor's right to claim damages under Article 1191 is incompatible with claiming specific performance.

• True

• False

Rescission is a subsidiary remedy under Article 1191, available only if damages are insufficient.

• True

• False

Accion subrogatoria allows the creditor to rescind contracts made by the debtor with third parties.

• True

• False

Accion Pauliana becomes available only when the creditor has no other legal remedy left.

• True

• False