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OBLICON > Kinds of Obligations > Flashcards

Kinds of Obligations Flashcards

1
Q

is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.

A

Pure Obligation

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2
Q

is one whose effectivity or extinguishment does not depend upon the fulfillment or non-fulfillment of a condition or upon the expiration of a term or period, and which, as a consequence, is characterized by the quality of immediate demandability.

A

Pure Obligation

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3
Q

the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.”

A

Conditional Obligation

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4
Q

Is one whose effectivity or extinguishment
depends on the fulfillment or non-fulfilllment of a condition.

A

Conditional Obligation

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5
Q

Is a future and uncertain event, upon the
happening of which, the effectivity or
extinguishment of an obligation(or right) subject to it depends.

A

Condition

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6
Q

Determines the existence of an obligation.

A

Condition

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7
Q

Characteristics of Condition

A

Future and Uncertain, Past but Unknown

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8
Q

the event must be both future
and uncertain. Its very occurrence and the time of
such occurrence must be uncertain.

A

Future and Uncertain

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9
Q

a condition may refer to a past
event unknown to the parties.

A

Past but Unknown

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10
Q

cannot be a condition because it is not
future and uncertain event, more properly called as
“basis”, although proof of past event may be a condition.

A

Past Event

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11
Q

Primary Kinds of Condition

A

Suspensive Condition, Resolutory Condition

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12
Q

Other Kinds of Condition

A

Potestative condition
 Casual condition
 Mixed condition
 Impossible condition
 Positive condition
 Negative condition

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13
Q

the happening of which gives
rise to an obligation (condition precedent or
antecedent)

A

suspensive condition

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14
Q

the happening of which
extinguishes the obligation (condition subsequent)

A

Resolutory Condition

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15
Q

where the fulfillment
depends upon one‘s will (either the debtor,
creditor or a third person)

A

Potestative Condition

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16
Q

when the fulfillment of the
condition depends upon chance

A

Casual Condition

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17
Q

when the fulfillment of the condition
depends partly upon one‘s will and partly upon chance

A

Mixed Condition

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18
Q

that which is not capable of
fulfillment because it is contrary to the law of nature or
contrary to law, morals, public order or public policy.

A

Impossible Condition

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19
Q

when they, in
nature of things, cannot exist or cannot be done.

A

Physically Impossible Condition

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20
Q

when they are contrary to law, morals, good customs, public order. or public policy

A

Legally Impossible Conditions

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21
Q

the happening of an
event at a determinate time. The obligation is
extinguished:

A

Positive (Suspensive) Condition

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22
Q

is an event that will not happen at
a determinate time. The obligation shall become effective and binding:

A

Negative Obligation

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23
Q

Perishes

A

Physical Loss

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24
Q

Goes out the commerce of
man

A

Legal Loss

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25
Q

Disappears in such a away that its existence in unknown or it cannot be recovered

A

Civil Loss

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26
Q

Loss

A
  1. Perishes (physical loss)
  2. Goes out the commerce of
    man (Legal loss)
  3. Disappears in such a away
    that its existence in
    unknown or it cannot be
    recovered (Civil loss)
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27
Q

Any reduction or impairment in the
substance or value of a thing which
does not amount to a loss. The thing
still exists at the time the condition
is fulfilled, but it is no longer intact,
or is less than what it was when the
obligation was constituted.

A

Deterioration

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28
Q

Anything added to, incorporated in
or attached to the thing that is due.

A

Improvement

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29
Q

–When only one party is obliged to comply with a
prestation (e.g. donation)

A

Unilateral

30
Q

–When both parties are mutually bound to each other

A

Bilateral

31
Q

are those arise from the same cause and in which party is a debtor and creditor of the other, such the performance of one is designed to the equivalent and the condition for the performance of the other.

A

Reciprocal

32
Q

–those which do not impose simultaneous and correlative performance on both parties. (e.g. X borrowed from Y P5,000. Y borrowed X’s car. )

A

Non-reciprocal

33
Q

A space of time which, exerting an influence on obligations as a consequence of a juridical act, suspends their demandability or determines their extinguishment.

A

Obligation with a Period

34
Q

all prestations must be performed to
extinguish obligation

A

Conjuntive

35
Q

one or some prestations must be
performed to extinguish obligation

A

Disjunctive

36
Q

Debtor must perform one of several
prestations, choice belongs to debtor UNLESS expressly given to the creditor

A

Alternative Obligation

37
Q

One principal prestation but one or
more substitutes, choice belongs to debtor only

A

Facultative Obligation

38
Q

one where there is only one obligor or obligee

A

Individual

39
Q

one where there are two or more debtor and/or
two or more creditors

A

Collective

40
Q

one where the whole obligation is to be paid
or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors.

A

Joint Obligation

41
Q

one where each one of the debtors is
bound to render, and/or each one of the creditors has a right to demand from any of the debtors, entire compliance with the prestation.

A

Solidary Obligation

42
Q

solidarity of creditors; each has the right to collect the whole prestation from the common debtor
-The credit and its benefit are divided equally among the creditors UNLESS there is an agreement among them to divide
differently

A

Active

43
Q

solidarity of debtors; each is liable to pay the whole to the common creditor
(Mutual guaranty)

A

Passive

44
Q

simultaneously active and passive

A

Mixed

45
Q

same terms and condition for all or
the same stipulations for all

A

Uniform

46
Q

when the parties are not subject to the same obligations

A

Varied or Non-uniform

47
Q

is one the object
of which, in its delivery or performance, is
capable of partial fulfillment.

A

Divisible Obligation

48
Q

is one the object of which, in its delivery or performance, is not capable of partial fulfillment.

A

Indivisible Obligation

49
Q

or one based on quality, not on the number
of the things which are the object of the obligation.

A

qualitative division

50
Q

or one based on quantity rather than on
quality

A

quantitative division

51
Q

or one which exists only in the minds of
the parties

A

intellectual division

52
Q

is one which can stand by
itself and does not depend for its validity and
existence upon another obligation.

A

Principal Obligation

53
Q

is one which is attached
to a principal obligation and therefore, cannot stand alone.

A

accessory obligation

54
Q

Is one which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach.

A

Obligation with penal clause

55
Q

Is an accessory undertaking attached to an obligation to assume greater liability in case of breach, i.e., the obligation is not fulfilled, or is partly or irregularly complied with.

A

Penal Clause

56
Q

when the penalty is
imposed merely as punishment for breach

A

punitive penal clause

57
Q

when the penalty
takes the place of damages

A

compensatory penal clause

58
Q

when only the penalty can be enforced

A

Subsidiary or alternative penal clause

59
Q

when both
the principal obligation and the penal clause can be
enforced.

A

Joint or cumulative penal clause-

60
Q

those which requires the debtor to give

A

Real Obligation

61
Q

those which requires the debtor to do or not to do something

A

Personal Obligation

62
Q

those which are capable of being accomplished by the debtor in accordance with nature or in law

A

Possible Obligation

63
Q

Those which are not capable of being accomplished by the debtor in accordance with nature or in law

A

Impossible Obligation

64
Q

an obligation that is subject to the fulfillment of an event that is certain to happen, although the date may not be known as of the moment

A

obligation with a term

65
Q

the debtor is obliged to give or do something in favor of the creditor

A

Positive Obligation

66
Q

when the debtor is forbidden to do something

A

Negative Obligation

67
Q

obligations which are expressly provided by law

A

Legal Obligation

68
Q

obligations which are created by the agreement of the parties

A

Conventional Obligation

69
Q

an obligation where there is only one prestation

A

Single Obligation

70
Q

an obligation wherein there is no provision of penalty in case there is a default

A

simple obligation

71
Q

an obligation which already provides a sort of penalty for violation of its terms

A

obligation with penalty/penal clause

OBLICON (4 decks)

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