Chapter 1

Question 1

what is the tie or bond recognized by law by virtue of which one is bound in favor of another to render something?

Answer 1

Obligation

Question 2

the latin for obligation

Answer 2

Obligatio

Question 3

what article gives the Civil Code definition of obligation, in its passive aspect?

Answer 3

Article 1156

Question 4

obligation is a _______ because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment

Answer 4

Juridicial necessity

Question 5

obligations which give to the creditor/obligee a right to enforce their performance

Answer 5

Civil obligations

Question 6

obligations that do not grant a right of action to enforce their performance

Answer 6

Natural obligations

Question 7

He who has a duty

Answer 7

Passive subject

Question 8

He who has a right

Answer 8

Active subject

Question 9

the conduct required to be observed by the debtor

Answer 9

Object/Prestation

Question 10

binds or connects the parties to the obligation

Answer 10

Juridicial/legal tie

Question 11

refers to the manner in which an obligation is manifested or incurred

Answer 11

Form of an obligation

Question 12

act of performance

Answer 12

Obligation

Question 13

power to demand from another any prestation

Answer 13

Right

Question 14

act/omission of one party in violation of legal right

Answer 14

Wrong

Question 15

wrongful violation of legal right of another

Answer 15

Injury

Question 16

the three essential elements of a legal wrong or injury are:

Answer 16

Legal right in favor of a person

Correlative legal obligation on part of another

An act or omission by latter in violation of right with resulting injury or damage to former

Question 17

kind of obligation that the obligor must deliver to the obligee

Answer 17

Real obligation

Question 18

an act to be done or not to be done

Answer 18

Personal obligation

Question 19

personal obligation that is to do or to render service

Answer 19

Positive personal obligation

Question 20

personal obligation that is an obligation not to do

Answer 20

Negative personal obligation

Question 21

in Article 1157, obligations arise from the five:

Answer 21

Law, contracts, quasi-contracts, crime, quasi-delicts

Question 22

imposed by law itself

Answer 22

Law

Question 23

stipulation of parties

Answer 23

Contracts

Question 24

lawful, voluntary, and unilateral acts; no one shall be unjustly enriched/ benefited at the expense of another

Answer 24

Quasi-contracts

Question 25

civil liability (consequence of a criminal offense)

Answer 25

Crime/acts/omissions punished by law

Question 26

damage caused to another through an act or omission

Answer 26

Quasi-delicts/torts

Question 27

case of contracts and quasi-contracts

Answer 27

Licit acts

Question 28

punishable: delicts or crime; not punishable: quasi-delicts or torts

Answer 28

Illicit acts

Question 29

article that states obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable

Answer 29

Article 1158

Question 30

article that refers to legal obligations or obligations arising from law.

Answer 30

Article 1168

Question 31

under article 1158, ______ refer to all other laws not contained in the Civil Code

Answer 31

Special laws

Question 32

article that states obligations arising from contracts have the force of the law between the contracting parties and should be complied with in good faith

Answer 32

Article 1159

Question 33

meeting between 2 or more persons whereby one binds himself, with respect to the other, to give or render something

Answer 33

Contract

Question 34

obligations arising from contracts have force of law

Answer 34

Binding force

Question 35

valid if it is not contrary to law

Answer 35

Requirement of a valid contract

Question 36

when a party fails or refuses to comply, without legal reason or justification, with his obligation under the contract as promised.

Answer 36

Breach of contract

Question 37

compliance or performance in accordance with the stipulations or terms of the contract or agreement.

Answer 37

Compliance of good faith

Question 38

article that states obligations derived from quasi-contracts shall be subject to the provisions of Chapter 2, Title XVII of the book

Answer 38

Article 1160

Question 39

juridicial relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another

Answer 39

Quasi-contract

Question 40

kind of quasi-contract that is a voluntary management of the property of affairs of another without the knowledge or consent of the latter

Answer 40

Negotorium gestio

Question 41

juridicial relation which is created when something is received when there is no right to demand and it was unduly delivered through mistake

Answer 41

Solutio Indebiti

Question 42

Solutio Indebiti requisites are:

Answer 42

No right to receive the thing delivered Thing was delivered through mistake

Question 43

article that states civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and the pertinent provisions of chapter 2

Answer 43

Article 1161

Question 44

every person criminally liable for an act or omission is also civilly liable for damages offered by the aggrieved party

Answer 44

Civil liability in addition to criminal liability

Question 45

in crimes that do not cause material damage, there is no civil liability to be enforced

Answer 45

Criminal liability without civil liability

Question 46

a person not criminally responsible may still be liable civilly

Answer 46

Civil liability without criminal liability

Question 47

civil liability includes:

Answer 47

Restitution, reparation for the damage caused, indemnification for consequential damages

Question 48

article that states obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVIl of this Book, and by special laws.

Answer 48

Article 1162

Question 49

an act or omission by a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done

Answer 49

Quasi-delict

Question 50

requisites for quasi-delict:

Answer 50

There must be: 1. an act or omission; 2. fault or negligence; 3. damage caused; 4. direct relation or connection of cause and effect between the act or omission and the damage; and 5. no pre-existing contractual relation between the parties