1 - OBLIGATIONS Flashcards
(37 cards)
What is the definition of an obligation under Article 1156?
An obligation is a juridical necessity to give, to do, or not to do something (Civil Obligation).
What are the four requisites that constitute an obligation?
- Juridical Tie (Vinculum Juris): The efficient cause of the obligation.
- Active Subject (Creditor/Obligee): The party entitled to demand performance.
- Passive Subject (Debtor/Obligor): The party obligated to perform.
- Prestation: The specific conduct or promise required from the debtor.
What are the kinds of obligations?
- To Give: Determinate/Specific; Indeterminate/Generic
- To Do: Positive obligation
- Not to Do: Negative obligation
What are the sources of obligations?
- Law (Ex Lege): Statutes and principles that create obligations.
- Contracts (Ex Contractu): Binding agreements formed from a meeting of the minds.
- Quasi-Contracts (Ex Quasi Contractu): Lawful, voluntary, and unilateral acts.
- Delicts (Ex Delicto): Acts or omissions punishable by law.
- Quasi-Delicts (Ex Quasi Delicto): Acts or omissions that cause damage to another.
What is the principle governing quasi-contracts?
No one should be unjustly enriched at the expense of another, meaning that if one benefits, they must reimburse.
What are the principal kinds of quasi-contracts?
- Negotiorum Gestio: Unauthorized management.
- Solutio Indebiti: Undue payment.
What rights does a creditor have in a real obligation?
- Right to specific performance.
- Right to damages, which can be exclusive or in addition to performance.
- Entitlement to fruits (interest from the obligation to deliver).
What types of fruits can a creditor claim?
- Natural Fruits: Products of the soil.
- Industrial Fruits: Resulting from cultivation or labor.
- Civil Fruits: Arising from a legal relationship.
What are the three types of diligence in obligations, and who is responsible for each?
- Extraordinary Diligence: Required from banks and common carriers.
- Ordinary Diligence: Reasonable care to protect one’s own property.
- Simple Diligence: Reasonable care to protect another person’s property.
What are the obligations of a debtor in specific obligations?
- Specific performance.
- Diligence of a good father of the family.
- Deliver all accessions and accessories.
- Liability for damages in case of breach.
What are the obligations of a debtor in generic obligations?
- Deliver items, which should be neither superior nor inferior.
- Liability for damages in case of breach.
What happens if a debtor experiences involuntary breach due to a fortuitous event?
The debtor is not liable for damages. A specific obligation is extinguished, while a generic obligation remains in effect.
What constitutes a voluntary breach of obligation, and what are the types?
A voluntary breach occurs when a debtor fails to perform due to their own actions, resulting in liability for damages. Types include:
- Mora Solvendi: Delay by the debtor.
- Mora Accipiendi: Delay by the creditor.
- Compensatio Morae: Delay by both parties.
What are the repercussions of fraud (Dolo) in obligations?
- Future Fraud: Void agreements.
- Past Fraud: Valid agreements.
- Dolo Incidente: Present during performance, allowing recovery of damages.
- Dolo Causante: Present at the creation of the obligation, vitiates consent, allowing annulment.
What are the types of negligence (culpa) in obligations?
- Culpa Aquiliana: Quasi-delict causing civil damages.
- Culpa Criminal: Arising from a criminal act (delict).
- Culpa Contractual: Breach of contract increasing liability.
- Contravention of the Tenor: Illicit acts harming the performance of the obligation.
What are the rights of creditors in personal obligations?
- Positive Personal Obligations: Performance by the debtor at their expense; damages for breach.
- Negative Personal Obligations: Must be undone at the expense of the debtor; damages may be claimed.
What are the different types of damages that can be claimed?
- Moral Damages: For mental and physical anguish.
- Exemplary Damages: To correct or set an example.
- Nominal Damages: To vindicate a right disrespected.
- Actual Damages: Compensatory, requiring proof.
- Liquidated Damages: Agreed upon by parties in case of breach of contract.
What are the principal remedies available against a breach of contract?
- Action for Performance
- Action for Damages
- Action for Rescission
What are the subsidiary remedies available in case of breach?
- Action Subrogatoria: Subrogation to the rights of the debtor.
- Action Pauliana: Remedy to challenge acts that defraud creditors.
What are the main kinds of obligations based on their characteristics?
- Pure Obligation: Demandable at once.
- Conditional Obligation: Dependent on uncertain future events (Suspensive & Resolutory)
- Obligation with a Period: Future and certain, which benefits both parties generally.
What are the definitions of “Ex Die” and “In Diem” in terms of obligations?
- Ex Die: The period begins on a certain date.
- In Diem: The period ends on a certain date.
What effects do suspensive and resolutory obligations have?
- Suspensive Obligation: Fulfillment of the condition gives rise to the obligation.
- Resolutory Obligation: Fulfillment extinguishes the obligation.
What are the types of conditions based on the will of the parties?
- Potestative: Depends on one party’s will.
- Casual: Depends on chance.
- Mixed: Depends on both chance and the will of a third party.
In terms of divisibility, what distinguishes between divisible and indivisible obligations?
- Divisible: Susceptible to partial realization.
- Indivisible: Not susceptible to partial realization.
