Chapter 1 Flashcards
(120 cards)
1
Q
What article number defines obligation as a juridical necessity to give, to do or not to do?
A
Article 1156
2
Q
Where is the term obligation derived from?
A
Latin word obligatio
3
Q
What does obligatio means?
A
Tying or binding
4
Q
A civil obligation is enforceable by law
A
True
5
Q
Natural obligations are enforceable by law
A
False
6
Q
How long is the prescription period for written obligations?
A
10 years
7
Q
This is the time wherein obligations can expire
A
Prescriptive period
8
Q
Can civil obligations become a natural obligation?
A
Yes if its past prescription period
9
Q
Can you still receive payment from the debtor even if the obligation has already been prescribed?
A
Yes, if debtor voluntarily pays
10
Q
Payment of prescribed loan can still be recovered.
A
False
11
Q
This kind of obligation is not required by law however, once paid, it can no longer be recovered.
A
Natural obligation
12
Q
Element of an obligation who has the right to demand performance of the obligation
A
Active subject
13
Q
Element of an obligation who is obliged to perform the obligation
A
Passive subject
14
Q
Element of an obligation that consists of giving, doing, or not doing something
A
Prestation
15
Q
This element of an obligation binds the parties to an obligation
A
Efficient cause
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)
17
Q
What are the 3 forms of obligations?
A
Oral
Written
Mix of both
18
Q
Kinds of obligations according to subject matter
A
Real obligations
Personal obligations (+/-)
19
Q
This obligation refers to the giving of the object
A
Real obligations
20
Q
What is the latin word origin of “Real” in real obligations?
A
Res
21
Q
This kind of obligation refers to performing an action to settle the obligation
A
Positive Personal Obligation
22
Q
This kind of obligation refers to NOT performing an action to settle the obligation
A
Negative personal obligation
23
Q
5 sources of obligations
A
Law Contracts Quasi-contracts Delicts Quasi-delicts
24
Q
According to this article no. Obligations arise from, law, (quasi)/ contracts, (quasi)/delicts.
A
Article 1157
25
This source if obligation is a rule of conduct laid down by legitimate authority for common observance and benefit
Law
26
According to this article, obligations derived from law are not presumed. It should be explicitly written in the law to be demandable
Article 1158
27
This source of obligation is a bilateral agreement between two parties
Contracts
28
Which article describes obligations arising from contracts as a force of law between the contracting parties and should be complied in good faith?
Article 1159
29
This source is a lawful, voluntary, and unilateral acts that gives rise to an obligation to avoid unjustly benefit at the expense of another
Quasi-contracts
30
Two most common examples of quasi-contracts
Negotiorum gestio
Solutio indebiti
31
What makes quasi-contracts different from actual contracts?
```
Quasi = unilateral
Contracta = bilateral
```
32
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.
Negotiorum gestio
33
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?
No, consent is given by the law.
34
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
Solutio indebiti
35
This source of obligation are crimes or felonies that is punishable by law
Delicts
36
A person that is criminally liable is also civilly liable
True
37
This source of obligation refers to the acts that caused damage to others due to negligence
Quasi-delicts
38
Quasi-delicts vs Delicts, whats the difference?
Quasi-delicts are done without intent
39
Another term for quasi-delict?
Tort / culpa aquiliana
40
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?
Article 1163
41
In case of article 1163, if the law requires another standard of care, what kind of diligence is called for?
Extraordinary Diligence
42
What does article 1163 refers to when it says that "it" should be cared for like a diligence of a good father?
Determinate Thing/ Specific Things
43
What is the classification of a "thing" if it is particularly designated and physically segregated from items of the same class?
Determinate/Specific Thing
44
It is a "thing" considered if it is identified only by its specie
Generic Thing
45
Can generic things become specific?
Yes
46
Do you need to take care of generic things with the diligence of a good father?
No
47
This concept allows you to not take care of generic things with a diligence of a good father
Genus nunquam perit
48
Obligations of an obliged debtor to give a determinate thing
To take care of the thing with a diligence of a good father
To deliver the thing
To deliver the fruits of the thing
49
What transfers the ownership from one person to another?
Delivery
50
What are the kinds of fruits?
Natural Fruits
Industrial Fruits
Civil Fruits
51
These are spontaneous products of the soil and the young and other products of animals
Natural Fruits
52
Produced by land of any kind through cultivation and labor
Industrial fruits
53
Fruits that are result of a juridical relation
Civil Fruits
54
In the case of pets born with the help of vets, what kind of fruit is it?
Natural Fruits. (animal offsprings are always classified as natural fruits)
55
This article states when a creditor receives the right to the fruits of the thing
Article 1164
56
According to article 1164, when will a creditor receive the right to the fruits of the thing?
From the time the obligation to deliver it arises
57
In case of art. 1164, when no date has been agreed upon, when will the obligation arise?
Immediately
58
Difference between Personal and Real Right?
Personal Rights is the right to demand from another person
Real right is the right of a person over a specific thing
59
Can a person receive real rights to the specific thing before it is delivered to him?
No
60
Differentiate accessions from accessories
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
This article requires to deliver determinate things together with all its accessions and accessories even when it is not mentioned.
Article 1166
62
What can the creditor do if the debtor fails to deliver a specific thing?
Compel the debtor to deliver
Demand for damages
63
What can the creditor do if the debtor fails to deliver a generic thing?
Ask the obligation to be complied with the expense of the debtor
Demand for damages
64
What can the creditor do if the debtor fails to do the obligation?
Ask the obligation to be performed at the expense of the debtor
Demand for damages
65
What can the creditor do if the debtor does what is forbidden?
Undo the act
Demand for damages
66
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
Article 1170
67
Differentiate damages and injury
Damages are the harm done or sum of money that can be recovered from the loss
Injury is the RIGHT to be redressed
68
What is the concept of damnum absque injuria?
It means that not in every circumstance where there is damage there will also be injury
69
How can damage without injury happen?
If there are actual damages to property but they have no real rights over the property, legally the "victims" are not injured.
70
What are the kinds of damages?
Actual/ Compensatory Damages
Moral Damages
Nominal Damages
Temperate or moderate Damages
Liquidated Damages
Exemplary or corrective Damages
71
This kind of damage is the pecuniary loss that was actually incurred by the plaintiff
Actual/Compensatory Damages
72
This damage includes physical suffering, mental anguish, fright, serious anxiety, etc.
Moral Damages
73
This damage is awarded to a party whose right has been violated
Nominal Damages
74
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
Temperate or moderate Damages
75
These are damages agreed upon by the parties to a contract to be paid in case of breach
Liquidated Damages
76
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
Exemplary or corrective Damages
77
According to art. 1170, it is the deliberate or intentional evasion by the debtor of the normal compliance of his obligation
Fraud
78
What does art. 1170 refers to?
Fraud committed by the debtor at the time of the performance of the obligation
79
What kind of fraud does art. 1338 - 1334 refers to?
Fraud employed in obtaining consent
80
What are the kinds of fraud?
Fraud in obtaining consent
Fraud in performing obligation
81
What are the kinds of Fraud under Fraud in obtaining consent?
Causal Fraud or Dolo Causante
Incidental Fraud or Dolo Incidente
82
This kind of fraud is the reason why the plaintiff gave his consent
Dolo Causante or Causal Fraud
83
Does Dolo Causante render the contract voidable?
Yes, bc consent is the essential element of a contract
84
This kind of fraud refers to which consent would still be given but on different terms
DOlo Incidente
85
In case of a Dolo Incidente, is the contract voidable?
No, but the party committing fraud will be liable for damages
86
This fraud is the deliberate act of evading fulfillment of an obligation in a normal manner
Fraud in the performance of the obligation
87
In a case of a Fraud in the performance of the obligation, is the party committing fraud liable for damages?
YEs
88
Kinds of Rules in waiver of Fraud
Past Fraud
Future Fraud
89
Which kind of Fraud can be waived?
Past Fraud
90
Why cant Future Fraud be waived?
It is subject to abuse
91
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
Negligence
92
Kinds of Negligence
Culpa Contractual
Culpa Aquiliana
Culpa Criminal
93
This is the negligence in the performance of a contract
Culpa Contractual
94
This a quasi delict where the negligence itself is the independent source of the obligation
Culpa Aquiliana
95
This is the negligence that results in the commission of a crime
Culpa Criminal
96
It is the non-fulfillment of an obligation with respect to time
Delay
97
Kinds of delay
Mora Solvendi
Mora Accipiendi
Compensatio Morae
98
This is the delay on the part of the debtor
Mora Solvendi
99
Delay on the part of the creditor, when the creditor unjustly refuses to accept the thing
Mora Accipiendi
100
This is the delay in reciprocal Obligations, both parties are in default
Compensatio Morae
101
How is compensatio morae treated?
As if there is no delay
102
When is there legal delay?
From the time the creditor demands payment and the debtor does not comply
103
If there is no demand, there is no delay
TRUE
104
What are the exceptions to the no demand no delay rule?
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
What are the effects of delay on the debtor?
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
According to art. 1174, these are events that cannot be foreseen, or which, though foreseen, were inevitable
Fortuitous Events
107
This article states that no person shall be responsible for those fortuitous events
ARt. 1174
108
According to this article, usurious transactions shall be governed by special laws
Art. 1175
109
This is the contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money
Usury
110
What made usury legally non-existent?
Central Bank Circular No. 905
111
This is the article that states the presumptions on receipt of principal and installment payments
ARt. 1176
112
According to article 1176, the receipt of principal without reservation as to interest shall be presumed that the interest has been paid
True
113
This article talks about the remedies of the creditor to enforce payment of his claims against the debtor
Article 1177
114
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
Specific Performance
115
This remedy of the creditor is the pursuit of the property of the debtor except those exempt by law
Attachment
116
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
Accion Subrogatoria
117
This remedy of the creditor refers to the rescinding or impugning of all the acts which the debtor may done to defraud the creditors
Accion Pauliana
118
Can you use Accion Pauliana as a remedy without undergoing other remedies?
No
119
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
Relativity of Contracts
120
Can liabilities be inherited?
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
