Liberative Prescription and Obligations Flashcards
(14 cards)
What is tacit renounciation?
What is a PERSONAL ACTION?
Contra Non Valentum
What is PEREMPTION?
What is PRESCRIPTION?
What is LIBERATIVE PRESCRIPTION?
How can prescription be INTERRUPTED?
1) By filing a lawsuit; OR
2) acknowledgment of the debt (words, actions, writing of a debtor acknowledging he is aware of the debt). Acknowledgment is LIBERALLY CONSTRUED by the court.
What is a NATURAL obligation?
What does it mean for a contract to be ONEROUS?
What does it mean for a contract to be GRATUITOUS?
What are the EFFECTS of a NATURAL obligation?
1) the natural obligation is NOT ENFORCEABLE by judicial action;
2) the obligor CANNOT RECLAIM a performance freely rendered; and
3) a contract for the performance of a natural obligation is ONEROUS.
What is a SUSPENSIVE CONDITION?
What is a RESOLUTORY CONDITION?
Conditional Obligations: FAULT OF THE PARTY