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Obligations and Contracts > General Principles of Obligations > Flashcards

General Principles of Obligations Flashcards

1
Q

Obligation

A

A juridical necessity to give, to do or not to do (Article 1156)

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2
Q

Elements of an Obligation

A
  1. Juridical Ties (vinculum juris)
  2. Active Subject (obligee or creditor)
  3. Passive Subject (obligor or debtor)
  4. Prestation (to give, to do or not to do)
  5. Form, as to some contracts
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3
Q

Juridical Tie

A

Efficient cause or legal bond that ties the parties to an obligation.

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4
Q

Active Subject

A

The party who has the interest in and can demand fulfillment of the obligation.

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5
Q

Passive Subject

A

The party who is bound to fulfill the obligation and against whom the fulfillment of the obligation is juridically demandable in court.

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6
Q

Prestation

A

The subject matter (object certain or subject matter) of an obligation.

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7
Q

Form

A

The appearance or structure, in which the obligation is manifested.

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8
Q

Sources of Obligations

A
  1. Law
  2. Contract
  3. Quasi-Contract
  4. Delict
  5. Quasi-Delict
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9
Q

Obligations arising from _____ are not presumed.

A

Law

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10
Q

Key features of this source of obligations is LUV (lawful, unilateral and voluntary) acts by virtue of which the parties become bound to each other.

A

Quasi-contract

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11
Q

A _____ is a meeting of the minds between 2 persons in which one binds himself, with respect to another, to give something or render some service.

A

Contract

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12
Q

A criminal offense which gives rise to both criminal and civil liability.

A

Delict

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13
Q

_________ is an act or omission that causes
damage to another, there being fault or
negligence, that results to damage/s, if there
is no pre-existing contractual relation
between the parties.

A

Quasi-delict

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14
Q

A and B entered into a sale of a house and lot in Quezon City. A paid the purchase price and B promised to deliver on October 31, 2020. Determine the following:

1) Juridical Tie (source of obligation)
2) Active Subject
3) Passive Subject
4) Prestation

A

1) Contract
2) A
3) B
4) To give (to deliver the house and lot)

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15
Q

True or False: Obligations not to give are included in obligations not to do.

A

True.

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16
Q

Class of obligations that creates a juridical tie but is not enforceable in courts.

A

Natural Obligations

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17
Q

Class of obligations without a juridical tie whatsoever

A

Moral Obligations

18
Q

Class of obligations that creates a juridical tie and is juridically enforceable in courts.

A

Civil Obligations

19
Q

Real Obligation

A

Obligation to deliver a thing to the obligee or creditor.

20
Q

Positive Personal Obligation

A

Obligation to do an act or to render some service.

21
Q

Negative Personal Obligation

A

Obligation not to do an act.

22
Q

A and B entered into a contract of sale of a house and lot. Under the contract, A will pay PHP1,000,000.00 and B will deliver the house and lot.

The obligation in this contract is UNILATERAL?

A

NO. Unilateral obligation is that in which only ONE of the parties is bound to perform.

The obligation is BILATERAL.

23
Q

An obligation to deliver a sports car is (divisible or indivisible)?

A

INDIVISIBLE.

24
Q

A borrowed PHP3,000,000.00 from B. As collateral, A executed a mortgage contract covering his house and lot to B.

Which is the principal obligation?

A

Loan Contract

25
Q

A borrowed PHP3,000,000.00 from B. As collateral, A executed a mortgage contract covering his house and lot to B.

Which is the accessory obligation?

A

Mortgage Contract

26
Q

Pure Obligation

A

Obligation that is not subject to any condition or term, and is demandable immediately.

27
Q

Simple Obligation

A

Obligation having only one undertaking involved.

28
Q

Suspensive Condition

A

A condition, the happening of which results in the BIRTH of the obligation.

29
Q

Resolutory Condition

A

A condition, the happening of which results in the EXTINGUISHMENT or TERMINATION of an obligation.

30
Q

Obligation with a term

A

Obligation that is subject to a period.

31
Q

Determinate Thing

A

A thing that is particularly designated or physically segregated from all others of the same class.

32
Q

Generic or Indeterminate Thing

A

A thing that is only designated by its class or genus.

33
Q

Duties of the Obligor in Obligation to Deliver a Determinate Thing

A

1) To deliver the same thing subject of the obligation
2) To take care of the thing with the proper diligence of a good father of the family
3) To deliver all accessions and accessories, including fruits, of the thing
4) To be liable for damages in case of voluntary breach of obligation

34
Q

Duties of the Obligor in Obligation to Deliver a Generic Thing

A

1) To deliver a thing of same kind, quantity and quality

2) To be liable for damages in case of voluntary breach of obligation

35
Q

Rights of Obligee in Obligation to Deliver a Determinate Thing

A

1) Right to the same thing subject of the obligation
2) Right to the fruits from the time the obligation to deliver arises
3) Right to compel the obligor to make the delivery
4) Right to demand for payment of damages in case of fraud, negligence or delay in the performance of obligation, or in case of contravention of the tenor of obligation on the part of the obligor

36
Q

Rights of Obligee in Obligation to Deliver a Generic Thing

A

1) Right to a thing of the same kind, quality and quantity
2) Right to compel the obligor to make the delivery of a thing of the same kind, quality and quantity
3) Right to ask that the obligation be complied with at the expense of the obligor
4) Right to demand for payment of damages in case of fraud, negligence or delay in the performance of obligation, or in case of contravention of the tenor of obligation on the part of the obligor

37
Q

Involuntary Servitude

A

The performance of an act or service against the will of the obligor.

Prohibited under the 1987 Philippine Constitution.

Thus, no specific performance in obligations to do.

38
Q

Remedies of Obligee in Obligations Not to Do

A

1) To compel that what has been done be undone at the expense of the obligor
2) To claim for damages for breach of obligation, in case undoing the act cannot be done

39
Q

Remedies of Obligee in Obligations to Do, if Debtor Fails to Comply

A

1) To have the obligation performed by himself or another, as a rule
2) To recover damages under Art. 1170

40
Q

Remedies of Obligee in Obligations to Do that are Done in Contravention of the Terms Agreed Upon or are Poorly Done

A

1) To have the obligation performed by himself or another, as a rule
2) To recover damages under Art. 1170
3) To go to the court which may order that what was poorly done may be undone

Obligations and Contracts (1 decks)

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