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Oblicon > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

What article number defines obligation as a juridical necessity to give, to do or not to do?

A

Article 1156

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2
Q

Where is the term obligation derived from?

A

Latin word obligatio

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3
Q

What does obligatio means?

A

Tying or binding

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4
Q

A civil obligation is enforceable by law

A

True

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5
Q

Natural obligations are enforceable by law

A

False

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6
Q

How long is the prescription period for written obligations?

A

10 years

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7
Q

This is the time wherein obligations can expire

A

Prescriptive period

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8
Q

Can civil obligations become a natural obligation?

A

Yes if its past prescription period

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9
Q

Can you still receive payment from the debtor even if the obligation has already been prescribed?

A

Yes, if debtor voluntarily pays

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10
Q

Payment of prescribed loan can still be recovered.

A

False

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11
Q

This kind of obligation is not required by law however, once paid, it can no longer be recovered.

A

Natural obligation

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12
Q

Element of an obligation who has the right to demand performance of the obligation

A

Active subject

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13
Q

Element of an obligation who is obliged to perform the obligation

A

Passive subject

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14
Q

Element of an obligation that consists of giving, doing, or not doing something

A

Prestation

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15
Q

This element of an obligation binds the parties to an obligation

A

Efficient cause

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16
Q

It is the reason why the debtor needs to perform the obligation to the creditor

A

Efficient cause (vinculum juris or juridical tie)

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17
Q

What are the 3 forms of obligations?

A

Oral
Written
Mix of both

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18
Q

Kinds of obligations according to subject matter

A

Real obligations

Personal obligations (+/-)

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19
Q

This obligation refers to the giving of the object

A

Real obligations

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20
Q

What is the latin word origin of “Real” in real obligations?

A

Res

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21
Q

This kind of obligation refers to performing an action to settle the obligation

A

Positive Personal Obligation

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22
Q

This kind of obligation refers to NOT performing an action to settle the obligation

A

Negative personal obligation

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23
Q

5 sources of obligations

A 
Law
Contracts
Quasi-contracts
Delicts
Quasi-delicts
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24
Q

According to this article no. Obligations arise from, law, (quasi)/ contracts, (quasi)/delicts.

A

Article 1157

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25
Q

This source if obligation is a rule of conduct laid down by legitimate authority for common observance and benefit

A

Law

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26
Q

According to this article, obligations derived from law are not presumed. It should be explicitly written in the law to be demandable

A

Article 1158

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27
Q

This source of obligation is a bilateral agreement between two parties

A

Contracts

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28
Q

Which article describes obligations arising from contracts as a force of law between the contracting parties and should be complied in good faith?

A

Article 1159

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29
Q

This source is a lawful, voluntary, and unilateral acts that gives rise to an obligation to avoid unjustly benefit at the expense of another

A

Quasi-contracts

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30
Q

Two most common examples of quasi-contracts

A

Negotiorum gestio

Solutio indebiti

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31
Q

What makes quasi-contracts different from actual contracts?

A 
Quasi = unilateral
Contracta = bilateral
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32
Q

This type of quasi-contract obliges the gestee to reimburse the gestor for his voluntary administration of property, business, or affair without the consent or authority of the gestee.

A

Negotiorum gestio

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33
Q

In case of a negotiorum gestio, if the gestee declines to reimburse the gestor due to grounds of “not having his consent”, is it a valid argument?

A

No, consent is given by the law.

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34
Q

This quasi-contract refers to the payment by mistake, whether be it in excess of what shouldve been paid or payment to a person not due to receive it

A

Solutio indebiti

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35
Q

This source of obligation are crimes or felonies that is punishable by law

A

Delicts

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36
Q

A person that is criminally liable is also civilly liable

A

True

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37
Q

This source of obligation refers to the acts that caused damage to others due to negligence

A

Quasi-delicts

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38
Q

Quasi-delicts vs Delicts, whats the difference?

A

Quasi-delicts are done without intent

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39
Q

Another term for quasi-delict?

A

Tort / culpa aquiliana

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40
Q

Which article describes how every person who is onliged to give something is also obliged to take care of it with the proper diligence of a good father of a family?

A

Article 1163

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41
Q

In case of article 1163, if the law requires another standard of care, what kind of diligence is called for?

A

Extraordinary Diligence

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42
Q

What does article 1163 refers to when it says that “it” should be cared for like a diligence of a good father?

A

Determinate Thing/ Specific Things

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43
Q

What is the classification of a “thing” if it is particularly designated and physically segregated from items of the same class?

A

Determinate/Specific Thing

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44
Q

It is a “thing” considered if it is identified only by its specie

A

Generic Thing

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45
Q

Can generic things become specific?

A

Yes

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46
Q

Do you need to take care of generic things with the diligence of a good father?

A

No

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47
Q

This concept allows you to not take care of generic things with a diligence of a good father

A

Genus nunquam perit

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48
Q

Obligations of an obliged debtor to give a determinate thing

A

To take care of the thing with a diligence of a good father

To deliver the thing

To deliver the fruits of the thing

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49
Q

What transfers the ownership from one person to another?

A

Delivery

50
Q

What are the kinds of fruits?

A

Natural Fruits

Industrial Fruits

Civil Fruits

51
Q

These are spontaneous products of the soil and the young and other products of animals

A

Natural Fruits

52
Q

Produced by land of any kind through cultivation and labor

A

Industrial fruits

53
Q

Fruits that are result of a juridical relation

A

Civil Fruits

54
Q

In the case of pets born with the help of vets, what kind of fruit is it?

A

Natural Fruits. (animal offsprings are always classified as natural fruits)

55
Q

This article states when a creditor receives the right to the fruits of the thing

A

Article 1164

56
Q

According to article 1164, when will a creditor receive the right to the fruits of the thing?

A

From the time the obligation to deliver it arises

57
Q

In case of art. 1164, when no date has been agreed upon, when will the obligation arise?

A

Immediately

58
Q

Difference between Personal and Real Right?

A

Personal Rights is the right to demand from another person

Real right is the right of a person over a specific thing

59
Q

Can a person receive real rights to the specific thing before it is delivered to him?

A

No

60
Q

Differentiate accessions from accessories

A

Accessions are everything attached to a thing whether artificial or natural (w/o this thing wont function)

Accessories are items bundled with the principal thing for better use, enjoyment, or perfection (thing will function w/o it but it will be incomplete)

61
Q

This article requires to deliver determinate things together with all its accessions and accessories even when it is not mentioned.

A

Article 1166

62
Q

What can the creditor do if the debtor fails to deliver a specific thing?

A

Compel the debtor to deliver

Demand for damages

63
Q

What can the creditor do if the debtor fails to deliver a generic thing?

A

Ask the obligation to be complied with the expense of the debtor

Demand for damages

64
Q

What can the creditor do if the debtor fails to do the obligation?

A

Ask the obligation to be performed at the expense of the debtor

Demand for damages

65
Q

What can the creditor do if the debtor does what is forbidden?

A

Undo the act

Demand for damages

66
Q

This article states the grounds for liability to pay damages. It states that those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages

A

Article 1170

67
Q

Differentiate damages and injury

A

Damages are the harm done or sum of money that can be recovered from the loss

Injury is the RIGHT to be redressed

68
Q

What is the concept of damnum absque injuria?

A

It means that not in every circumstance where there is damage there will also be injury

69
Q

How can damage without injury happen?

A

If there are actual damages to property but they have no real rights over the property, legally the “victims” are not injured.

70
Q

What are the kinds of damages?

A

Actual/ Compensatory Damages

Moral Damages

Nominal Damages

Temperate or moderate Damages

Liquidated Damages

Exemplary or corrective Damages

71
Q

This kind of damage is the pecuniary loss that was actually incurred by the plaintiff

A

Actual/Compensatory Damages

72
Q

This damage includes physical suffering, mental anguish, fright, serious anxiety, etc.

A

Moral Damages

73
Q

This damage is awarded to a party whose right has been violated

A

Nominal Damages

74
Q

This kind of damage are more than nominal but less than actual damages. This happens when there is some pecuniary loss but its amount cannot be proved with certainty

A

Temperate or moderate Damages

75
Q

These are damages agreed upon by the parties to a contract to be paid in case of breach

A

Liquidated Damages

76
Q

These are damages that are imposed by way of example or correction for public good, in addition to the moral, temperate, liquidated, or compensatory damages

A

Exemplary or corrective Damages

77
Q

According to art. 1170, it is the deliberate or intentional evasion by the debtor of the normal compliance of his obligation

A

Fraud

78
Q

What does art. 1170 refers to?

A

Fraud committed by the debtor at the time of the performance of the obligation

79
Q

What kind of fraud does art. 1338 - 1334 refers to?

A

Fraud employed in obtaining consent

80
Q

What are the kinds of fraud?

A

Fraud in obtaining consent

Fraud in performing obligation

81
Q

What are the kinds of Fraud under Fraud in obtaining consent?

A

Causal Fraud or Dolo Causante

Incidental Fraud or Dolo Incidente

82
Q

This kind of fraud is the reason why the plaintiff gave his consent

A

Dolo Causante or Causal Fraud

83
Q

Does Dolo Causante render the contract voidable?

A

Yes, bc consent is the essential element of a contract

84
Q

This kind of fraud refers to which consent would still be given but on different terms

A

DOlo Incidente

85
Q

In case of a Dolo Incidente, is the contract voidable?

A

No, but the party committing fraud will be liable for damages

86
Q

This fraud is the deliberate act of evading fulfillment of an obligation in a normal manner

A

Fraud in the performance of the obligation

87
Q

In a case of a Fraud in the performance of the obligation, is the party committing fraud liable for damages?

A

YEs

88
Q

Kinds of Rules in waiver of Fraud

A

Past Fraud

Future Fraud

89
Q

Which kind of Fraud can be waived?

A

Past Fraud

90
Q

Why cant Future Fraud be waived?

A

It is subject to abuse

91
Q

This is the omission of the diligence which is required by the nature of the obligation and corresponds with the circumstance of the person, time, and of the place

A

Negligence

92
Q

Kinds of Negligence

A

Culpa Contractual

Culpa Aquiliana

Culpa Criminal

93
Q

This is the negligence in the performance of a contract

A

Culpa Contractual

94
Q

This a quasi delict where the negligence itself is the independent source of the obligation

A

Culpa Aquiliana

95
Q

This is the negligence that results in the commission of a crime

A

Culpa Criminal

96
Q

It is the non-fulfillment of an obligation with respect to time

A

Delay

97
Q

Kinds of delay

A

Mora Solvendi

Mora Accipiendi

Compensatio Morae

98
Q

This is the delay on the part of the debtor

A

Mora Solvendi

99
Q

Delay on the part of the creditor, when the creditor unjustly refuses to accept the thing

A

Mora Accipiendi

100
Q

This is the delay in reciprocal Obligations, both parties are in default

A

Compensatio Morae

101
Q

How is compensatio morae treated?

A

As if there is no delay

102
Q

When is there legal delay?

A

From the time the creditor demands payment and the debtor does not comply

103
Q

If there is no demand, there is no delay

A

TRUE

104
Q

What are the exceptions to the no demand no delay rule?

A

When the law or the obligation so provides

When the time is of the essence of the contract

When demand would be useless as when the obligor has rendered it beyond his power to perform

105
Q

What are the effects of delay on the debtor?

A

The debtor shall be liable for the payment of Damages

Debtor shall be liable even if the thing is lost due to a fortuitous event, if the obligation is to deliver a specific thing

106
Q

According to art. 1174, these are events that cannot be foreseen, or which, though foreseen, were inevitable

A

Fortuitous Events

107
Q

This article states that no person shall be responsible for those fortuitous events

A

ARt. 1174

108
Q

According to this article, usurious transactions shall be governed by special laws

A

Art. 1175

109
Q

This is the contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money

A

Usury

110
Q

What made usury legally non-existent?

A

Central Bank Circular No. 905

111
Q

This is the article that states the presumptions on receipt of principal and installment payments

A

ARt. 1176

112
Q

According to article 1176, the receipt of principal without reservation as to interest shall be presumed that the interest has been paid

A

True

113
Q

This article talks about the remedies of the creditor to enforce payment of his claims against the debtor

A

Article 1177

114
Q

This remedy of the creditor is the exact fulfillment of the obligation by specific or substitute performance with a right to damages in either case

A

Specific Performance

115
Q

This remedy of the creditor is the pursuit of the property of the debtor except those exempt by law

A

Attachment

116
Q

This remedy of the creditor refers to the garnishment of the amount of receivables. in effect, the debtor will transfer his receivables to the creditor

A

Accion Subrogatoria

117
Q

This remedy of the creditor refers to the rescinding or impugning of all the acts which the debtor may done to defraud the creditors

A

Accion Pauliana

118
Q

Can you use Accion Pauliana as a remedy without undergoing other remedies?

A

No

119
Q

Under this concept, only the parties who entered the contracts and their successors who assumed their personality can be affected by the terms of the contract

A

Relativity of Contracts

120
Q

Can liabilities be inherited?

A

No, the minimum amount to be inherited can only be 0. If the debtor includes his personal asset into a will, the recipient shall first settle the liabilities of the former with the asset included in the will first

Oblicon (4 decks)

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