Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

oblicon > chapter 1 > Flashcards

chapter 1 Flashcards

1
Q

Article 1156

A

An obligation is a juridical necessity to give, to do, or not to do.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Obligation is derived from a latin word which means…

A

Obligatio; tying or binding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

Obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Obligation is a juridical necessity because in case of noncompliance, courts of justice may be called upon by the aggrieved party to enforce its fulfillment.

A

Meaning of juridical necessity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Essential requisites of an obligation

A
  1. passive subject (debtor or obligor)
  2. active subject (creditor or obligee)
  3. object or prestation (subject matter of obligation)
  4. juridical or legal tie (aka efficient cause)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

bound to the fulfillment of the obligation; he who has a duty

A

passive subject

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

entitled to demand the fulfillment of an obligation; he who has a right

A

active subject

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

It may consist in giving, doing, or not doing.

A

object

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Obligation where both parties are reciprocally debtors and creditors

A

bilateral obligations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

binds or connects the parties to the obligation

A

juridical or legal tie

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Form of an obligation

A

It may be oral, in writing, or partly oral and partly in writing.

  1. The law doesn’t require any form for obligations from contracts for their validity or binding force.
  2. Obligations arising from other sources don’t have any form at all.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Obligation, right, and wrong distinguished

A
  1. Obligation is the act / performance which law will enforce.
  2. Right, is the power which a person has under the law, to demand from any prestation.
  3. Wrong is an act of omission of one party in violation of the legal rights.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Essential elements of a legal wrong or injury

A

a. a legal right in favor of a person (creditor/obligee/plaintiff)
b. a correlative legal obligation on the part of another (debtor/obligor/defendant); to respect or to not violate said right
c. an act of omission by debtor in violation of said right with resulting injury or damage to the debtor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Kinds of obligations according to its subject matter

A
  1. real obligation
  2. personal obligation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a real obligation?

A

obligation to give; subject matter is a thing which the obligor must deliver to the obligee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a personal obligation?

A

obligation to do or not to do; subject matter is an act to be done or not be done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Two kinds of personal obligation

A

a. positive personal obligation
b. negative personal obligation

18
Q

What is a positive personal obligation?

A

to do or render service

19
Q

What is a negative personal obligation?

A

not to do or not to give

20
Q

Sources of obligation

A
  1. law
  2. contracts
  3. quasi-contracts
  4. crimes or acts or omissions
  5. quasi-delicts or torts
21
Q

In relation to sources of obligation, what is contract?

A

when they arise from stipulation of the parties

22
Q

In relation to sources of obligation, what is quasi-contract?

A

arise from lawful, voluntary, and unilateral acts

23
Q

In relation to sources of obligation, what is crimes or acts or omissions punished by law?

A

arise from civil liability which is the consequence of a criminal offense

24
Q

In relation to sources of obligation, what is quasi-delicts or torts?

A

arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists

25
Q

Meeting of minds between 2 or more persons whereby one binds himself to give something

A

Contract

26
Q

Binding force

A

Obligations arising from contracts have the force of law between contracting parties

27
Q

Requirement of a valid contract

A

A contract is valid if it is not contrary to law, morals, good customs, public order, and public policy. It is invalid if it is contrary to law, morals, good customs, public order, and public policy.

A void contract doesn’t exist.

28
Q

takes place when a party fails or refuses to comply, without legal reason or justification.

A

Breach of contract

29
Q

Compliance or performance in accordance with the stipulations or terms of the contract or agreement

A

Compliance in good faith

30
Q

Prevent injustice or prevent unjust enrichment of someone at the expense of another

A

Quasi-contractual obligations

31
Q

Kinds of quasi-contracts

A
  1. negotiorum gestio
  2. solutio indebiti
  3. other examples of quasi-contracts
32
Q

What is negotiorum gestio?

A

voluntary management of the property or affairs of another withiut the knowledge or consent of the latter

33
Q

What is solutio indebiti?

A

juridical relation which is created when something is received when there is no right to demand it

34
Q

Civil liability arising from crimes or delicts

A
  1. civil liability in addition to criminal liability
  2. criminal liability without civil liability
  3. civil liability without criminal liability
35
Q

What is civil liability in addition to criminal liability?

A

A person criminally liable for an act or omission is also civilly liable for damages suffered by aggrieved party

36
Q

What is criminal liability without civil liability?

A

Crimes with no material damage like contempt, gambling, violation of traffic regulations, there’s no civil liability to be enforced

37
Q

What is civil liability without criminal liability?

A

a person’s that not criminally liable may still be liable civilly like failure to pay contractual debt

38
Q

Scope of civil liability

A
  1. restitution
  2. reparation for damage caused
  3. indemnification for consequential damages
39
Q

Requisites of quasi-delict

A
  1. there must be an act of omission
  2. fault or negligence
  3. damage caused
  4. must be a direct relation or connection of cause and effect between act or omission and damage
  5. no pre-existing contractual relation between the parties
40
Q

Crime distinguished from quasi-delict

A
  1. Crime has criminal or malicious intent or criminal negligence. There’s only negligence in quasi-delict.
  2. In crime, purpose is punishment
    In quasi-delict, it’s is indemnification
  3. Crime affects public interest.
    Quasi-delict concerns private interest.
  4. In crime, there’s criminal & civil liability.
    In quasi-delict, only civil liability only
  5. Criminal liability can’t be compromised or settled by parties themselves.
    Liability for quasi-delict can be compromised as any other civil liability.
  6. In crime, guilt of accused must be proved beyond reasonable doubt.
    In quasi-delict, the fault or negligence need only be proved by preponderance of evidence.

oblicon (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions