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Flashcards in Obli Deck (138)
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1

define obligation

juridical necessity to give, to do, not to do

2

what is juridical necessity

in case of non compliance, there will be legal sanctions

3

what are elements of obligation (4)

active subject - creditor / obligee
passive subject - debtor / obligor
prestation / object
juridical tie

4

other term for debtor

obligor
passive subject

5

other term for creditor

obligee
active subject

6

define creditor

one demanding performance of obligation

7

define debtor

one bound to perform prestation

8

define civil obligation

an obbligation which if not fulfilled when it becomes due and demandable may be enforced in court

9

define natural obligation

while no longer cannot be enforced in court, authorizes retention of voluntary payment or performance by debtor

can retain even if prescribed

10

define moral obligation

deals with spiritual obligation to God/Church; not enforceable in court

11

define real obligation

obligation to give

12

define personal obligation

obligation to do or not do

13

define unilateral obligation

kind of obligation where only one party is bound to fulfill prestation

i.e. promissory note

14

define bilateral obligation

both parties are bound to perform obligation

i.e. sale of an item

15

define divisible obligation

susceptible of partial performance

16

define indivisible obligation

not susceptible of partial performance

17

define principal obligation

main obligation created by the parties

18

define accessory obligation

secondary obligation created to guarantee fulfillment of principal obligation

i.e. mortgage to secure loan

19

define pure obligation

no condition or term; immediately demandable

20

define conditional obligation

subject to a condition; may be suspensive or resolutory

21

define obligation with a term

kind of obligation subject to happening of an event that will SURELY happen although date may be unknown to parties

may be suspensive or resolutory

22

define positive obligation

debtor is obliged to give or do something for creditor

23

define negative obligation

debtor is obliged not to do/ refrain to do something

24

define legal obligation

imposed by law

25

define conventional obligation

established by agreement of parties like contracts

26

define joint obligation

each debtor liable only for part of whole liability
each creditor only to his part of rights

27

define solidary obligation

debtor answerable for whole obligation but may reimburse from co-debtors

28

define alternative obligation

detor may choose to completely perform ONE out of several prestation

29

define facultative obligation

only one prestation is agreed upon BUT debtor may render one in substitution of first one

30

define simple obligation

there is no penalty imposed for violation