Assuming that the following statements are based on the Civil Code - Law n. 10.406/2002, analyze their correctness:
Art. 382. Confusion can occur ...
Assuming that the following statements are based on the Civil Code - Law n. 10.406/2002, analyze their correctness: Art. 382. Confusion can occur regarding the entire debt or only part of it. 1. (TRT 4th REGION/2016/SUBSTITUTE LABOR JUDGE) Confusion can occur regarding the entire debt or only part of it. In accordance with article 382 of the CC. Correct. Level of the question:
Art. 383. Confusion occurring in the person of the solidary creditor or debtor only extinguishes the obligation up to the amount of their respective part in the credit or debt, with the solidarity remaining as to the rest. 1. (FCC/2008/JUDGE OF LAW/TJ-RR) Confusion occurring in the person of the solidary creditor or debtor extinguishes the entire obligation up to the full equivalence of the credits. Incorrect. Art. 383. Confusion occurring in the person of the solidary creditor or debtor only extinguishes the obligation up to the amount of their respective part in the credit or debt, with the solidarity remaining as to the rest. Level of the question:
2. (FEPESE/2012/PUBLIC DEFENDER/PGE-SC) Confusion occurring in the person of the solidary creditor or debtor only extinguishes the obligation up to the amount of their respective part in the credit or debt, with the solidarity remaining as to the rest. Correct. Level of the question:
Art. 384. When confusion ceases, the previous obligation is immediately reestablished, with all its accessories. 1. (QUADRIX/2012/ANALYST (DATAPREV) When confusion ceases, the previous obligation is not reestablished, but becomes a new debt. Incorrect. Art. 384. When confusion ceases, the previous obligation is immediately reestablished, with all its accessories. The article deals with situations in which the cause that caused the confusion is invalidated. In this case, confusion ceases and, as a consequence, the original obligation is reestablished with all its accessories. Level of the question:
Art. 385. The remission of the debt, accepted by the debtor, extinguishes the obligation, but without prejudice to third parties. 1. (TRT - 2nd REGION/2010/LABOR JUDGE) The remission of the debt, accepted by the debtor, extinguishes the obligation, but without prejudice to third parties. Correct. The caveat of the last part of the article "but without prejudice to third parties" is related to one of the requirements of remission, which, because it is a bilateral act,
a) All statements are correct. b) Only statement 1 of Art. 383 is incorrect. c) Only statement 1 of Art. 384 is incorrect. d) Only statement 1 of Art. 385 is incorrect. e) All statements are incorrect. a) All statements are correct. b) Only statement 1 of Art. 383 is incorrect. c) Only statement 1 of Art. 384 is incorrect. d) Only statement 1 of Art. 385 is incorrect. e) All statements are incorrect.
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