General Provisions

Question 1

Article 1156

Answer 1

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

Question 2

includes all kinds of work or service

Answer 2

to do

Question 3

a prestation which consists in the delivery of a movable or an immovable thing in order to create a real right, or for the use of the recipient, or for its simple possession, or in order to return it to its owner

Answer 3

to give

Question 4

a claim or title to an interest in anything whatsoever that is enforceable by law

a power, privilege, or immunity guaranteed under a constitution, statute or decision law

Answer 4

right

Question 5

a juridical relation whereby a person may demand from another the observance of a determative conduct, and in case of breach, may demand satisfaction from the assets of the latter

Answer 5

obligation

Question 6

to give

Answer 6

real obligation

Question 7

“to do”

Answer 7

personal obligation

Question 8

if non compliance, the consequence is called

Answer 8

legal liability

Question 9

is one which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong

Answer 9

civil action

Question 10

the act or omission by which a party violates a right of another

Answer 10

cause of action

Question 11

contains the written statements alleging the plaintiff’s claim or cause or causes of action

it is the initial written statement that starts a civil action

it describes what happened and why the plaintiff is filing the case

it identifies the legal reason/s why the defendant (the person being sued) is responsible

Answer 11

complaint

Question 12

1. The legal right of the plaintiff
2. The correlative obligation of the defendant
3. The act or omission by the defendant in violation of said legal right

if these elements are absent, the complaint becomes vulnerable to dismissal on the ground of failure to state a cause of action

Answer 12

complaint in relation to cause of action

Question 13

the party who brings a civil suit in a court of law

he is the person who files the complaint in court

Answer 13

plaintiff

Question 14

a person sued in a civil proceeding

he is the person who will be required to answer the complaint in court

Answer 14

defendant

Question 15

obligation of the debtor or obligor to deliver a thing, movable or immovable to the creditor or obligee for the purpose of transferring ownership or for the use or possession of the recipient

obligation to give

Answer 15

real obligation

Question 16

kinds of real obligation

Answer 16

determinate or specific and indeterminate or generic

Question 17

it is particularly designated or physically segregated from all others of the same class (art 1460)

identified by individuality

it cannot be substituted by another without the consent of the obligee

example: the obligation to deliver a car with plate number ABC123

Answer 17

specific or determinate thing

Question 18

it is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class

classified according to its group

can be substituted by any object of the same class and same kind. if the thing is lost or damaged, it will not affect the obligation because the debtor/obligor may substitute it with another of the same class

example: the obligation to deliver five tables

Answer 18

generic or indeterminate thing

Question 19

this is the obligation of the debtor or obligor to perform some work or service for the creditor or obligee

obligation to do

example: the obligation of X to repair the bicycle of Y

Answer 19

positive personal obligation

Question 20

this is the obligation of the debtor or obligor not to perform some act in favor of the creditor or obligee

obligation not to do

example: the obligation not to construct an extension on a house as per agreement in a contract

Answer 20

negative personal obligation

Question 21

essential elements/requisites of an obligation

Answer 21

1. passive subject
2. active subject
3. object
4. legal tie or juridical tie

Question 22

the person from whom the obligation is juridically demandable

he is the person who has the obligation to give, to do, or not to do

the one who needs to comply with the obligation

obligor/debtor

Answer 22

passive subject

Question 23

the person who has the right to demand the fulfillment of the obligation

he is the person who has the right to demand compliance of the obligation to give, to do, or not to do

obligee/creditor

Answer 23

active subject

Question 24

the fact, prestation, or service

it is the particular conduct of the debtor or obligor which may consist in giving, doing, or not doing something

subject matter of the obligation

Answer 24

object

Question 25

the object of an obligation, and it is the conduct required by the parties to do or not to do, or to give

Answer 25

prestation

Question 26

it is the source of obligation which binds the parties it is which creates the relation between the passing subject or obligor and the active subject or obligee

Answer 26

legal tie or juridical tie or efficient cause or vinculum juris

Question 27

article 1157

Answer 27

Obligations arise from: 1. law; 2. contract; 3. quasi-contracts; 4. acts or omissions punished by law; 5. quasi-delicts

Question 28

a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit obligations created by law never presumed examples: • the duty to pay taxes under the national internal revenue or the local government code • the obligation to support one's family under the family code of the philippines

Answer 28

law

Question 29

meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service (article 1305) agreement offer + acceptance written or oral

Answer 29

contract

Question 30

items/things that can be transported or moved from one place to another e.g., car, phone, money

Answer 30

movable things

Question 31

cannot be moved because they are permanently attached to the ground e.g., land, buildings

Answer 31

immovable things

Question 32

covers the period from the time the prospective contracting parties indicate interest in the contract to the time the contract is concluded (perfected)

Answer 32

negotiation

Question 33

takes place upon the concurrence of the essential elements thereof when the parties agree on its essential elements: consent, a lawful object, and a lawful cause, making it legally binding.

Answer 33

perfection

Question 34

begins when the parties perform their respective undertakings under the contract culminating in the extinguishment thereof

Answer 34

consummation

Question 35

provides that obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith

Answer 35

article 1159

Question 36

the negligence in the performance of a contract the mere proof of the existence of the contract and the failure of its compliance justify, prima facie, a corresponding right of relief

Answer 36

culpa contractual

Question 37

"as if"

Answer 37

quasi

Question 38

lawful, unilateral, voluntary acts give rise to an obligation; no one shall be unjustly enriched or benefited at the expense of another person (article 2142) no actual contract. no formal agreement one party voluntarily does something that benefits the other the law treats it as if there is a contract

Answer 38

quasi-contract

Question 39

kinds of quasi-contracts

Answer 39

negotiorum gestio and solutio indebiti

Question 40

the voluntary management of the property of another person without the knowledge or consent of the other person the person whose property was managed by another will have the obligation to reimburse the managing person any necessary and useful amount that he might have incurred in managing the property including damages if any managing someone's property or business without permission the property should be abandoned article 2144

Answer 40

negotiorum gestio

Question 41

if something is received (like money or property) when there is no right to demand it, and it was unduly through mistake, the obligation to return it arises (art 2154) the law creates an obligation for the receiver to return what was unduly given when a person received something when he has no right to receive such thing like when it was delivered to him by mistake. here, the obligation to return the thing to its rightful owner is formed prove: - the absence of a right to collect the excess sums; and - the payment was made by mistake

Answer 41

solutio indebiti

Question 42

acts or omissions punished by law

Answer 42

delict

Question 43

when there is no negotiorum gestio

Answer 43

- when the property is not neglected or abandoned - if the manager has been tacitly authorized by the owner

Question 44

a violation of the law obligations may also be derived from crimes every person criminally liable for a felony is also civilly liable

Answer 44

acts or omissions punished by law

Question 45

civil liabilities in delict

Answer 45

1. restitution 2. reparation of the damage caused 3. indemnification for consequential damages

Question 46

Refers to the harm, injury, or loss suffered by a person or property. It is the actual harm caused.

Answer 46

damage

Question 47

Refers to the monetary compensation awarded to a party for the harm or loss suffered due to another's actions. It is a legal remedy.

Answer 47

damages

Question 48

damage caused by negligence gives rise to an obligation to pay for the damage done "tort" requisites: 1. there must be an act or omission 2. there must be fault or negligence 3. there must be damaged cause 4 the act or omission must be the direct cause of the damage 5. there is no existing contractual relation between the parties

Answer 48

quasi-delict or quasi ex-delicto

Question 49

kinds of negligence

Answer 49

culpa aquiliana or quasi-delic, culpa contractual, and culpa criminal

Question 50

this is negligence resulting from the failure to observe the required diligence which causes damage to another person

Answer 50

culpa aquiliana or quasi-delict

Question 51

this is negligence in the performance of a pre-existing contract

Answer 51

culpa contractual

Question 52

both civil negligence

Answer 52

culpa aquiliana and culpa contractual

Question 53

this is also known as criminal negligence this is negligence which results in the commission of a crime

Answer 53

culpa criminal

Question 54

failure to exert care or diligence careless

Answer 54

negligence

Question 55

wrong committed against the state criminal intent is necessary for the existence of liability, as a rule applicable only when there is a penal law penalizing it requires proof beyond reasonable doubt employer's liability is subsidiary

Answer 55

delict

Question 56

wrong committed against a person criminal intent is not necessary actionable in any act or omission wherein fault or negligence intervenes requires preponderance of evidence employer's liability is primary

Answer 56

quasi-delict

Question 57

in a real obligation, the debtor/obligor has the duty to take care of the thing before delivery with the due diligence of a good father of a family unless the law or stipulation of the parties requires another standard of care

Answer 57

duties of the obligor: in an obligation to deliver a SPECIFIC THING

Question 58

care of a good father of a family taking care of the thing as if it was yours

Answer 58

ordinary diligence