Chapter 1

Question 1

JURIDICAL NECESSITY

Answer 1

juridical tie; connotes that in case of noncompliance, there will be legal sanctions.

Question 2

obligation

Answer 2

An _____ is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court

Question 3

DAMAGES

Answer 3

sum of money given as a compensation for the injury or harm suffered by the obligee for the violation of his right.

Question 4

Kinds of Obligation - From the Viewpoint of “Sanction”

Answer 4

1. Civil Obligation 2. Natural obligation 3. Moral Obligation

Question 5

Kinds of Obligation - From the Viewpoint of “subject matter”

Answer 5

1. REAL OBLIGATION 2. PERSONAL OBLIGATION

Question 6

Kinds of Obligation - From the affirmativeness and negativeness of th obligation

Answer 6

1. Positive or Affirmative Obligation 2. Negative Obligation

Question 7

Kinds of Obligation - From the Viewpoint of persons obliged -
“sanction”

Answer 7

1. Unilateral 2. Bilateral

Question 8

that defined in Article 1156; an obligation, if not fulfilled when it becomes due and demandable, may be enforced in court through action; based on law; the sanction is judicial due process

Answer 8

CIVIL OBLIGATION

Question 9

a special kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debtor; based on equity and natural law.

Answer 9

NATURAL OBLIGATION

Question 10

the sanction is conscience or morality, or the law of the church.

Answer 10

MORAL OBLIGATION

Question 11

the obligation to give

Answer 11

REAL OBLIGATION

Question 12

the obligation to do or not to do

Answer 12

PERSONAL OBLIGATION

Question 13

the obligation to give or to do

Answer 13

POSITIVE OR AFFIRMATIVE OBLIGATION

Question 14

the obligation not to do (which naturally inludes not to give)

Answer 14

NEGATIVE OBLIGATION

Question 15

where only one of the parties is bound

Answer 15

UNILATERAL

Question 16

where both parties are bound (e.g. In a contract of sale, the buyer is obliged to deliver)

Answer 16

BILATERAL

Question 17

ELEMENTS OF OBLIGATION

Answer 17

1. Active subject 2. Passive Subjecy 3. Prestation 4. Efficient Cause 5. Causa

Question 18

the person who is demanding the performance of the obligation;

Answer 18

ACTIVE SUBJECT(Creditor / Obligee)

Question 19

the one bound to perform the prestation or to fulfill the obligation or duty;

Answer 19

PASSIVE SUBJECT – (Debtor / Obligor)

Question 20

(to give, to do, or not to do) object; subject matter of the obligation; conduct required to be observed by the debtor;

Answer 20

PRESTATION

Question 21

the JURIDICAL TIE which binds the parties to the obligation; source of the obligation.

Answer 21

EFFICIENT CAUSE

Question 22

why obligation exists

Answer 22

CAUSA (causa debendi/causa obligationes

Question 23

Obligation arises from

Answer 23

(1) law; (2) contracts; (3) quasi-contracts; (4) acts or omissions punished by law; (5) quasi-delicts.

Question 24

What is ART 1156

Answer 24

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

Question 25

What is ART 1157

Answer 25

1157. Obligation arises from – (1) law; (2) contracts; (3) quasi-contracts; (4) acts or omissions punished by law; (5) quasi-delicts.

Question 26

imposed by law itself; must be expressly or impliedly set forth and cannot be presumed

Answer 26

LAW

Question 27

arise from stipulations of the parties: meeting of the minds / formal agreement - must be complied with in good faith because it is the “law” between parties;

Answer 27

CONTRACTS

Question 28

arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another

Answer 28

QUASI-CONTRACTS

Question 29

2 Kinds of Quasi-Contracts

Answer 29

Negotiorum Gestio and Solutio Indebiti

Question 30

unauthorized management; This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority

Answer 30

Negotiorum gestio

Question 31

undue payment; This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake

Answer 31

Solutio indebiti

Question 32

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

Answer 32

DELICTS

Question 33

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

Answer 33

QUASI-DELICTS / TORTS

Question 34

What is ART 1158

Answer 34

1158. Obligations from law are not presumed. Only those (1) expressly determined in this code or (2) in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this code.

Question 35

What is ART 1159

Answer 35

1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

Question 36

meeting of minds between two persons whereby one binds himself, with respect to the other, to give, to do something or to render some service; governed primarily by the agreement of the contracting parties.

Answer 36

CONTRACT

Question 37

it should not be against the law, contrary to morals, good customs, public order, and public policy.

Answer 37

VALID CONTRACT

Question 38

primarily governed by the stipulations, clauses, terms and conditions of their agreements.

Answer 38

OBLIGATIONS ARISING FROM CONTRACTS

Question 39

compliance or performance in accordance with the stipulations or terms of the contract or agreement.

Answer 39

COMPLIANCE IN GOOD FAITH

Question 40

only the unauthorized insertions will be disregarded; the original terms and stipulations should be considered valid and subsisting for the partied to fulfill.

Answer 40

FALSIFICATION OF A VALID CONTRACT

Question 41

juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which, both parties become bound to each other, to the end that no one will be unjustly enriched or benefited at the expense of the other.

Answer 41

QUASI-CONTRACT