Chapter 3 Flashcards
(22 cards)
It is a juridical necessity to give to do or to not do
Obligation
Kinds of obligation to judicial enforceability
Civil obligation
Natural obligation
Moral obligation
This is an obligation which not fulfilled when it becomes do and demandable maybe enforced in court through action
Civil obligation
This is a special kind of obligation which cannot be enforced in court but which authorized the retention of voluntary payment or performance made by the debtor
Natural obligation
It arises not from positive law but from the moral law developed by the church and not enforceable by the court
Moral obligation
Sources of obligation
Obligations arising from law
Obligations arising from contracts
Obligations arising from quasi-contract
Obligations arising from delicts or crimes
Obligations rising from quasi-delict or tort
The penal provision of the law specially provides the obligation to be done by the culprit on his or her victim
Obligations arising from delicts or crime
Negligent act or omission which results in harm or damage to an individual or to the property of another
Obligations arising from quasi delict or tort
It a jurisical relation which arises from a lawful voluntary and an lateral acts or acts executed by somebody from the benefits of another and for which the former must be indemnified to the end that no one shall enrich or benefited at the expense of another
Obligation arising from quasi contracts
This is the duty of the party to fulfill his undertaking in the contract
Obligations arising from contracts
The obligation of a party to fulfill an obligation arises from the law itself rule and regulation jurisprudence
Obligations arising from law
Elements of obligation
Active subject
Passive subject
Presentation or object
Efficient cause
It is the juridical tie or vincolum by virtue of which the debtor has become bound to perform the presentation
Efficient cause
It is the subject matter of the obligation which has an economic value or susceptible of pecuniary substitution in case of non-compliance
Presentation or object
The one bound to perform the presentation to give to do or not to do. He is called the debtor of obligor
Passive subject
It is the one who is demanding the performance of the obligation. He is called the creditor or obligee
Active subject
It is the meeting of the mind between two person whereby one binds himself with respect to the others to give something or to render some service
Contract
Contract stages
Stage 1 generation
Stage 2 perfection
Stage 3 consummation
It is the full payment of the purpose for which the contract was constituted
Stage 3 consummation
The birth of the contact
Stage 2 perfection
It is the preliminary stage or process for the formation of the contract
Stage 1 generation
Stage of contract
Generation
Perfection
Consummation