Chapter 1 - General Provisions

Question 1

In Latin word “obligatio” - tying or binding.

Tie or bond recognized by law by virtue of which one is bound in favor of another to render something – giving a thing, doing a certain act, or not doing a certain act.

Answer 1

Obligation

Question 2

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

Answer 2

Juridical Necessity

Question 3

The sum of money as compensation for the harm suffered by the CREDITOR OR OBLIGEE for the violation of his rights.

Answer 3

Damages

Question 4

_______ is the compensation while the ______ is the harm done to a party.

Answer 4

Damages ; Damage

Question 5

Obligation which give to the Creditor or Obligee a right under the law to enforce their performance in courts of justice.

Answer 5

CIVIL OBLIGATION

Question 6

Obligation not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance.

Answer 6

NATURAL OBLIGATION

Question 7

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

Answer 7

Passive Subject / Debtor / Obligor

Question 8

Who is entitled to demand the fulfillment of the obligation; he who has a right.

Answer 8

Active Subject / Creditor / Obligee

Question 9

The conduct required to be observed by the debtor.

Answer 9

Object or Prestation / Subject Matter of the Obligation

Question 10

Which binds or connects the parties. Knowing the source of the obligation.

Answer 10

Juridical or Legal Tie / Efficient Cause

Question 11

6 years

Answer 11

Oral

Question 12

10 years

Answer 12

Writing

Question 13

It is an act or performance which the law will enforce.

Answer 13

Obligation

Question 14

The power which a person under the law, to demand from another any prestation.

Answer 14

Right

Question 15

It is act or omission of one part in violation of the legal right.
Injury, wrongful violation of the legal right.

Answer 15

Wrong (cause of action)

Question 16

Right in favor of a CREDITOR

Answer 16

Legal Right

Question 17

On the part of the DEBTOR; to respect or not to violate said right.

Answer 17

Correlative Legal Obligation

Question 18

By the DEBTOR in violation of said right with resulting injury or damage to the CREDITOR.

Answer 18

Act or Omission

Question 19

(to give) the subject matter is a thing which the obligor must deliver to the obligee.

Answer 19

REAL OBLIGATION

Question 20

(to do or not to do) the subject matter is an act to be done or not to be done.

Answer 20

PERSONAL OBLIGATION

Question 21

Personal Obligation (to do) to render service.

Answer 21

POSITIVE PERSONAL OBLIGATION

Question 22

Personal Obligation (not to do / no to give)

Answer 22

NEGATIVE PERSONAL OBLIGATION

Question 23

In case of CONTRACTS and QUASI-CONTRACT.

Answer 23

Licit Acts

Question 24

Punishable in the case of DELICTS or CRIMES, or not punishable in the case of QUASI-DELICTS or TORTS.

Answer 24

Illicit Acts

Question 25

It is imposed by law itself.

Answer 25

Law

Question 26

Arise from the stipulation of the parties

Answer 26

Contract

Question 27

Arising from contracts have the force of law between the contracting parties

Answer 27

Binding Force

Question 28

Valid if it is not contrary to law, morals, good customs, and public policy.

Answer 28

Requirement of a Valid Contract

Question 29

Takes place when a party fails or refuses to comply.

Answer 29

Breach of Contract

Question 30

Performance in accordance with the stipulations or terms of the contract.

Answer 30

Compliance in Good Faith

Question 31

Non-compliance by a party with his legitimate obligations after receiving the benefits of a contract.

Answer 31

Unjust Enrichment

Question 32

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 32

Quasi-contracts

Question 33

Which takes place when somebody voluntarily manages the property affairs of another without the knowledge or consent of the latter.

Answer 33

Negotiorum Gestio

Question 34

Something is received when there is no right to demand it and it was unduly delivered through mistake.

Answer 34

Solutio Indebiti

Question 35

When they arise from civil liability - consequence of a criminal offense.

Answer 35

Crimes / Acts / Omissions punished by Law

Question 36

The commission of a crime causes not only moral evil but also material damage.

Answer 36

Civil Liability in ADDITION to Criminal Liability

Question 37

No material damage, no civil liability to be enforced.

Answer 37

Criminal Liability W/O Civil Liability

Question 38

A person not criminally responsible may still be liable civilly.

Answer 38

Civil Liability W/O Criminal Liability

Question 39

Restoration of property previously taken away; the thing itself shall be restored

Answer 39

Restitution

Question 40

Court determines the amount of damage: price of a thing, sentimental value, etc.

Answer 40

Reparation

Question 41

Includes damages suffered by the family of the injured party or by a third person by reason of the crime.

Answer 41

Indemnification

Question 42

An act or omission by a person which causes damage to another giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between parties.

Answer 42

Quasi-delict