Chapter 1 Flashcards

(50 cards)

1
Q

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

A

Art. 1156

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2
Q

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

A

Art. 1156

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3
Q

A claim or title to an interest in anything whatsoever that is enforceable by law.

A

Right

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4
Q

Is a power, privilege, or immunity guaranteed under a constitution, statute or decisional law, or recognized as a result of long usage, constitutive of a legally enforceable claim of one person against the other.

A

Right

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5
Q

For every ___ enjoyed by any person, there is a corresponding ___ on the part of another person to respect such ___.

A

Right-obligation-right

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6
Q

A person who may demand from another the observance of a determinative conduct.

A

Creditor

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7
Q

A person who is obliged to give, to do, or not to do.

A

Debtor

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8
Q

Is one by which a party sues another for tge enforcement or protection of a right.

A

Civil action

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9
Q

Is the act or omission by which a party violates a right of another

A

Cause of action

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10
Q

Contains written statements alleging the plaintiff’s claim or cause or causes of action.

A

Complaint

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11
Q

What are the 3 elements of cause of action

A

Legal right of the plaintiff, obligation of the defendant, act or omission of the defendant of said legal right

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12
Q

Is the party who brings a civil suit in a court of law.

A

Plaintiff

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13
Q

A person sued in a civil proceeding

A

Defendant

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14
Q

Oblivation of the debtor or obligor to deliver a thing, movable or immovable, to the creditor or obligee for the purpose of transferring ownership or for the use or possession of the recipient.

A

Real obligation (obligation to give)

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15
Q

2 kinds of real obligation

A

Determinate (specific real obligation), indeterminate (generic real obligation)

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16
Q

The obligation of the debtor to deliver a determinate or specific things to the creditor or obligee.

A

Determinate or specific real obligation

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17
Q

The obligation of the debtor to deliver a generic thing to the creditor.

A

Indeterminate or generic real obligation

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18
Q

What are the 2 types of personal obligation

A

Obligation to do or the positive personal obligation, and the obligation not to do or the negative personal obligation

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19
Q

This is the obligation of the debtor not to perform some act in favor of the creditor.

A

Negative personal obligation or obligation not to do

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20
Q

This is the obligation of the debtor to perform some work or service to the creditor.

A

Positive personal obligation or obligation to do

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21
Q

What are the 4 essential elements of an obligation

A

Passive subject or debtor, active subject or creditor, object, and the juridical or legal tie or efficient cause or vinculum juris

22
Q

The person from whom the obligation is juridically demandable

A

Passive subject or debtor

23
Q

The person who has the right to demand the fulfilment of the obligation.

A

Active subject or the creditor

24
Q

Ut is the fact, prestation, or service.

25
It is which creates the relation between the passive subject or obligor and the active subject or obligee.
Juridical or legal tie or efficient cause or vinculum juris
26
According to Art. 1157., obligations arise from (5)
Law, contract, quasi contracts, acts or omissions punished by law, quasi delicts
27
What article is the labor code
Art. 100
28
Not a source of a legalky demandable or enforceable right.
Practice or custom
29
A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.
Law
30
RA. 623 SEC 2
Unlawful for any person without written consent to use such packaging for the purpose of sale
31
Ra 623 sec 6
There is an exemption for the small scale manufacturer who do not have the capacity to buy brand new containers such as manufacturers of sisi, bagoong, patis, etc.
32
Is a meeting of minds between two persons whereby on binds himself, woth respect to the other, to give something or to render some service.
Contract
33
What are the 3 stages of contracts
Negotiation or preparation, perfection, and consummation
34
Covers the period from the time the prospective contracting parties indicate interest in the contract to the time the contract is concluded.
Negotiation or preparation
35
Takes place upon the concurrence of the essential elements thereof.
Perfection
36
Takes place upon the concurrence of the essential elements thereof.
Perfection
37
Begins when the parties perform their respecticw undertakings under the contraxt culminating in the extinguishment thereof.
Consummation
38
What article provides that obligations arisinv from contracts have the force of law between the contracting parties and should be complied with in good faith.
Article 1159
39
Negligence in the performance of a contract
Culpa contractual
40
What is the meanibg of quasi
As if
41
No one shall be unjustly enriched or benefited at the expense of another
Quasi-contract
42
What are the 2 conditions of article 22 to declare that a person has unjustly enriched himself
A person is unjustly benefited and such benefit is derived at the expense of another
43
What are the 3 kinds of quasi contracts
Negotiorum gestio Solutio indebiti Other quasi contracts
44
What are the 3 kinds of quasi contracts
Negotiorum gestio Solutio indebiti Other quasi contracts
45
Voluntarily takes charge of the agency, management, business, or property of another without any power from the latter.
Negotiorum gestio
46
If something is received when there is no right to demand it. It was undully delivered through mistake, the obligation to return it arises.
Solutio indebiti
47
What article states that any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter
Article 2175
48
What is a violation of the law especially a wrongful act or omission.
Delict or acts or omissions punished by law
49
What are the 3 civil liabilities in delict
Restitution Reparation of the damage caused Indemnification for consequential damage
50
Honest belief, absence of malicw, and absence of fraud
Good faith