General Provisions

Question 1

What is Article 1156

Answer 1

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

Question 2

It means tying or binding

Answer 2

Obligatio

Question 3

It is the legal relation established between one person and another, whereby the latter is bound to the fulfillment of a prestation which the former may demand of him.

Answer 3

Obligation (manresa)

Question 4

The juridical necessity to comply with a prestation

Answer 4

Obligation (Sanchez Roman)

Question 5

Why is obligation a juridical necessity?

Answer 5

Obligation is a juridical necessity because in case of non-compliance, the courts of justice may be called upon to enforce it’s fulfillment or, in default the economic value it represents.

Question 6

What are the requisites of obligation?

Answer 6

1. Active subject or credit
2. Passive subject or debtor
3. Prestation or Object
4. Vinculum Juris or Juridical/Legal tie

Question 7

The person who has the right or power to demand the prestation

Answer 7

Active subject/ Creditor/ Obligee

Question 8

The person bound to perform the prestation

Answer 8

Passive subject/ Debtor/ Obligor

Question 9

Conduct required to be observed by the debtor (to give, to do or not to do)

Answer 9

Prestation

Question 10

It binds or connects the parties to the obligation

Answer 10

Vinculum Juris/ Juridical or Legal tie

Question 11

Manner in which the obligation is manifested

Answer 11

Form

Question 12

The manner in which the obligation is manifested

Answer 12

Form

Question 13

Classification of obligations as to Juridical Quality

Answer 13

1. Civil Obligation
2. Natural Obligation

Question 14

One which has a binding force in law. It gives the Obligee the right of enforcing it against the Obligor in a court of justice. It is also based on positive law and enforceable in court of justice.

Answer 14

Civil Obligations

Question 15

One which can’t be enforced by action, but binding the party who makes it in conscience and according to natural law. Based on equity and natural law but not enforceable in court of justice.

Answer 15

Natural Obligation

Question 16

Classification of obligations as to parties

Answer 16

1. Unilateral and Bilateral
2. Individual and Collective (Joint or Solidary)

Question 17

Only one party is bound to the fulfillment of obligation

Answer 17

Unilateral

Question 18

Both parties are reciprocally or mutually bound

Answer 18

Bilateral

Question 19

Only one Obligor

Answer 19

Individual

Question 20

Several Obligor

Answer 20

Collective

Question 21

Each obligor is liable only for his proportionate share

Answer 21

Joint

Question 22

Each Obligor may be held liable for the entire obligation

Answer 22

Solidary

Question 23

Classification of obligation as to object

Answer 23

1. Determine and Generic
2. Simple and Multiple (Conjunctive and Distributive- Alternative or Facultative)
3. Positive and Negative
4. Real and Personal
5. Possible and Impossible
6. Divisible and Indivisible
7. Primary and Accessory

Question 24

Object is specific and identified by its individuality

Answer 24

Determinate

Question 25

Object is designated by class or genus

Answer 25

Generic

Question 26

There is only one undertaking

Answer 26

Simple

Question 27

There are several undertaking

Answer 27

Multiple

Question 28

All undertakings are demandable at the same time

Answer 28

Conjunctive

Question 29

Only one undertaking out of several is demandable

Answer 29

Distributive

Question 30

Obligor is allowed to choose one out of several obligations which may be due and demandable

Answer 30

Alternative

Question 31

Obligor is allowed to substitute another obligation for one which is due and demandable

Answer 31

Facultative

Question 32

Obligor is oblige to give or to do something

Answer 32

Positive

Question 33

Obligor must refrain from giving or doing something

Answer 33

Negative

Question 34

Obligation consists in giving something

Answer 34

Real

Question 35

Obligation consists in doing or not doing something

Answer 35

Personal

Question 36

Capable of fulfillment in nature as well as in law

Answer 36

Possible

Question 37

Not capable of fulfillment either in nature or in law

Answer 37

Impossible

Question 38

Susceptible of partial performance

Answer 38

Divisible

Question 39

Not susceptible of partial performance

Answer 39

Indivisible

Question 40

Main undertaking

Answer 40

Principal

Question 41

Merely an undertaking to guarantee fulfillment of the principal obligation

Answer 41

Accessory

Question 42

Classification of obligation as to perfection and extinguishment

Answer 42

1. Pure 2. Conditional (Suspensive and Resolutory) 3. With a term or period (a plazo) - Suspensive and Resolutory

Question 43

Obligation is not subject to any condition or term and is immediately demandable. (Capable of fulfillment in nature and law)

Answer 43

Pure

Question 44

When the obligation is subject to condition

Answer 44

Conditional

Question 45

The happening or fulfillment of the condition results in birth of obligation

Answer 45

Suspensive

Question 46

The happening or fulfillment of the condition results in the extinguishment of the obligation

Answer 46

Resolutory

Question 47

Obligation is subject to a term or period

Answer 47

With a term or period (a plazo)

Question 48

From a day certain, in which case is demandable only upon the expiration of the term. The obligation begins only from a day certain upon the arrival of period.

Answer 48

Suspensive (with a term or period)

Question 49

To a day certain, in which case the obligation terminates upon the expiration of the term. The obligation is valid up to a day certain and terminates upon the arrival of period

Answer 49

Resolutory (with a term or period)