Chapter 1 Flashcards
(50 cards)
An obligation is a juridicial necessity to give, to do, or not to do.
Art. 1156
An obligation is a juridicial necessity to give, to do, or not to do.
Art. 1156
A claim or title to an interest in anything whatsoever that is enforceable by law.
Right
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.
Right
For every ___ enjoyed by any person, there is a corresponding ___ on the part of another person to respect such ___.
Right-obligation-right
A person who may demand from another the observance of a determinative conduct.
Creditor
A person who is obliged to give, to do, or not to do.
Debtor
Is one by which a party sues another for tge enforcement or protection of a right.
Civil action
Is the act or omission by which a party violates a right of another
Cause of action
Contains written statements alleging the plaintiff’s claim or cause or causes of action.
Complaint
What are the 3 elements of cause of action
Legal right of the plaintiff, obligation of the defendant, act or omission of the defendant of said legal right
Is the party who brings a civil suit in a court of law.
Plaintiff
A person sued in a civil proceeding
Defendant
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.
Real obligation (obligation to give)
2 kinds of real obligation
Determinate (specific real obligation), indeterminate (generic real obligation)
The obligation of the debtor to deliver a determinate or specific things to the creditor or obligee.
Determinate or specific real obligation
The obligation of the debtor to deliver a generic thing to the creditor.
Indeterminate or generic real obligation
What are the 2 types of personal obligation
Obligation to do or the positive personal obligation, and the obligation not to do or the negative personal obligation
This is the obligation of the debtor not to perform some act in favor of the creditor.
Negative personal obligation or obligation not to do
This is the obligation of the debtor to perform some work or service to the creditor.
Positive personal obligation or obligation to do
What are the 4 essential elements of an obligation
Passive subject or debtor, active subject or creditor, object, and the juridical or legal tie or efficient cause or vinculum juris
The person from whom the obligation is juridically demandable
Passive subject or debtor
The person who has the right to demand the fulfilment of the obligation.
Active subject or the creditor
Ut is the fact, prestation, or service.
Object