Chapter 2 - Nature amd Effect of Obligations

Question 1

Particularly designate or physically segregated from others of the same class.

Answer 1

Specific or Determinate

Question 2

Only to class or genus to which it pertains and cannot be pointed out with particularity.

Answer 2

Generic or Indeterminate

Question 3

Spontaneous products of the soil and the young and other products of animals.

Answer 3

Natural fruits

Question 4

Produced by lands of any cultivation or labor.

Answer 4

Industrial fruits

Question 5

Those derived by virtue of juridical relation.

Answer 5

Civil fruits

Question 6

The birth of the contract or tot the meeting of the minds between the parties.

Answer 6

Perfection of the Contract

Question 7

Upon the fulfillment of the condition or arrival of the term.

Answer 7

Subject to Suspensive Condition

Question 8

Where the price has been paid; all fruits shall pertain to the vendee from the day on which the contract was perfected

Answer 8

Contract of sale

Question 9

The right of Creditor to demand from Debtor the fulfillment of the latter’s obligation to give, to do, or not to do; Enforceable against another person.

Prior to Delivery

Answer 9

Personal Right

Question 10

The right or interest of a person over a specific thing, without a passive subject individually determined against whom such right may be personally enforced; Enforceable against the whole world

After Delivery

Answer 10

Real Right

Question 11

Obligation to deliver a determinate thing.

Answer 11

Specific Real Obligation

Question 12

Can be performed by a third person since the object is expressed only according to its family or genus.

Answer 12

Generic Real Obligation

Question 13

The fruits of a thing or additions to or improvements upon a thing (the principal)

Answer 13

Accessions

Question 14

Things joined to or included with the principal thing.

Answer 14

Accessories

Question 15

The failure to perform an obligation on time.

Answer 15

Ordinary Delay

Question 16

Failure to perform an obligation on time which failure constitutes a breach of the obligation.

Answer 16

Legal Delay (default or mora)

Question 17

Delay on the part of the DEBTOR to fulfill his obligation

Answer 17

Mora solvendi

Question 18

Delay on the part of the CREDITOR to accept the performance of the obligation

Answer 18

Mora accipiendi

Question 19

Delay of the obligors in reciprocal obligations (like in sale)

Answer 19

Compensatio morae

Question 20

Deliberate intentional evasion of the faithful fulfillment of an obligation.

Answer 20

Fraud (deceit or dolo)

Question 21

Committed in the performance of an obligation already existing ; Giving rise to the right to demand damages ; Valid

Answer 21

Incidental Fraud (Dolo Incidente)

Question 22

Employed in the execution of contract in order to secure consent ; Vitiating consent / Obtaining consent ; Voidable

Answer 22

Causal Fraud (Dolo Causante)

Question 23

Voluntary act or omission of diligence, there being no malice, which prevents the normal fulfillment of an obligation.

Answer 23

Negligence (fault or culpa)

Question 24

Default or tardiness in the performance of an obligation after it has been due and demandable

Answer 24

Delay (mora)

Question 25

Violation of terms and conditions stipulated in the obligation; this must not be due to a fortuitous event or force majeure.

Answer 25

Contravention of the terms of the obligation

Question 26

Waiver of an action is VOID (no effect, as if there is no waiver) as being against the law and public policy.

Answer 26

Future Fraud

Question 27

VALID waiver because it can be considered as an act of generosity and magnanimity on the part of the victim of the fraud.

Answer 27

Past Fraud

Question 28

Negligence in contracts resulting in their breach.

Answer 28

Contractual Negligence (Culpa Contractual)

Question 29

Negligence which by itself is the source of an obligation between the parties not sorelated before by any pre-existing contract.

Answer 29

Civil Negligence (Culpa Aquiliana)

Question 30

Negligence resulting in the commission of a crime.

Answer 30

Criminal Negligence (Culpa Criminal)

Question 31

The failure to observe for the protection of the interests of another person, whereby such other person suffers injury.

Answer 31

Fault or Negligence

Question 32

Damages for which the obligor who acted in GOOD FAITH is liable shall be those that are the _______ ___ ________ ____________.

Answer 32

NATURAL AND PROBABLE CONSEQUENCES.

Question 33

In case of fraud, BAD FAITH, malice or wanton attitude, the obligor shall be responsible for ___ _______.

Answer 33

ALL DAMAGES

Question 34

MENTAL

Answer 34

Moral, Exemplary, Nominal, Temperate, Actual, Liquidated

Question 35

The attention and care required of a person in a given situation.

Answer 35

Diligence

Question 36

An occurrence or happening which could not be foreseen or even if foreseen, is inevitable; absolutely independent of human intervention; act of God.

Answer 36

Fortuitous Event

Question 37

An event caused by the legitimate or illegitimate acts of persons other than the obligor; there is human intervention.

Answer 37

Force Majeure

Question 38

Event independent of the will of the obligor but not of other human wills.

Answer 38

Acts of man

Question 39

Majeure or those events which are totally independent of the will of every human being.

Answer 39

majeure or those events which are totally independent of the will of every human being.

Question 40

Could reasonably foresee (e.g., rain)

Answer 40

Ordinary Fortuitous Events

Question 41

Could not have reasonably foreseen (e.g., earthquake, fire, war)

Answer 41

Extra-ordinary Fortuitous Events

Question 42

Contract whereby one of the parties delivers to another, money or other consumable thing.

Answer 42

Simple Loan or Mutuum

Question 43

Contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, etc.

Answer 43

Usury

Question 44

The inference of a fact not actually known arising from its usual connection with another which known or proved.

Answer 44

Presumption

Question 45

Act or process of conducting from evidence or premises.

Answer 45

Inference

Question 46

One which cannot be contradicted, like the presumption that everyone is conclusively presumed to know the law.

Answer 46

Conclusive Presumption

Question 47

One which can be contradicted by presenting proof to the contrary.

Answer 47

Disputable (or rebuttable) Presumption

Question 48

A creditor can issue a demand letter to the debtor. If the debtor still does not comply, the creditor can file a lawsuit for specific performance to compel the delivery of a specific item or seek collection of a sum of money owed.

Answer 48

Exact fulfillment (specific performance)

Question 49

If the debtor continues to refuse payment after the first remedy, the creditor can pursue the debtor's leviable properties.

Answer 49

Pursue the leviable property of the debtor

Question 50

Ask the court to rescind or impugn acts or contracts

Answer 50

Accion Subrogatoria

Question 51

Ask the court to cancel contracts entered into by the debtor with third persons

Answer 51

Accion Pauliana