Oblicon (chronological order based on the book)

Question 1

The term — means any rule of action or any system of uniformity

Answer 1

Law

Question 2

Law which is not promulgated and enforced by law

Answer 2

Law (in the non-legal sense)

Question 3

Law may be divided into 2 general groups

Answer 3

1. Law (in the strict legal sense)
2. Law (in the non-legal sense)

Question 4

Law which is promulgated and enforced by the state.

Answer 4

Law (in the strict legal sense)

Question 5

Subjects of Laws

Answer 5

1. State Law
2. Divine Law
3. Natural Law
4. Moral law
5. Physical Law

Question 6

Law of religion and faith

Answer 6

Divine Law

Question 7

Divin inspiration in man of the sense of justice, fairness, and righteousness not by divine revelation or formal promulgation.

Answer 7

Natural Law

Question 8

Totality of the norms of good and right conduct growing out of the collected sense of right and wrong of every community

Answer 8

Moral Law

Question 9

In the operation or course of nature, there are uniformities of actions and orders of sequence which are physical phenomena.

Answer 9

Physical Law

Question 10

Particularly concerns us in this work in the state law

Answer 10

State Law

Question 11

Deals with obligations and contracts

Answer 11

Book 4 of the Civil Code

Question 12

Organizations of Courts

Answer 12

1. Regular Courts
2. Special Courts
3. Quasi-judicial Agencies

Question 13

Characteristics of Law

Answer 13

1. It is a rule of conduct
2. It is obligatory
3. It is promulgated by legitative authority
4. It is common observance and benefit

Question 14

Sources of Law

Answer 14

1. Constitution
2. Legislation
3. Administrative or executive orders, regulations, and rulings
4. Judicial decisions or Jurisprudence
5. Customs
6. Other sources

Question 15

The term ——– is derived from the Latin word obligatio which means tying or *binding *

Answer 15

Obligation

Question 16

The court may be asked to order the performance of an obligation if the debtor refuses to perform it.

Answer 16

Juridical Necessity

Question 17

Essential requisites of an obligation

Answer 17

1. Passive Subject (Debtor/Obligor)
2. Active Subject (Creditor/Obligee)
3. Object/Prestation (Subject matter of the Obligation)
4. Juridical/Legal Tie (Efficient Cause)

Question 18

Refers to the manner in which an obligation is manifested or incurred

Answer 18

Form of an Obligation

Question 19

Kinds of Obligation according to the Subject Matter

Answer 19

1. Real Obligation
2. Personal Obligation

Question 20

Obligations arise from:

Answer 20

1. Law
2. Contracts
3. Quasi-contracts
4. Act or Omissions punished by law
5. uasi-delicts

Question 21

Contractual Obligations:

Answer 21

1. Binding Force
2. Requirement of a valid contract
3. Breach of Contract

Question 22

Obligations arising from contract have the force of law between contracting parties

Answer 22

Binding force

Question 23

A contract is valid if it is not contrary to law, morals, and good customs, public order, and public policy.

Answer 23

Requirements of Valid Contract

Question 24

A contract may be breached or violated by a party in whole or in part.

Answer 24

Breach of Contract

Question 25

Compliance or performance in accordance with stipulations or terms of the contract or agreement.

Answer 25

Compliance of good faith

Question 26

- Juridical relation resulting from lawful, voluntary and unilateral acts by a virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another - It is not, properly, a contract at all

Answer 26

Quasi-contract

Question 27

Kinds of Quasi-contracts

Answer 27

1. Negotiorum Gestio 2. Solutio Indebiti 3. Other examples of quasi-contracts

Question 28

Voluntary management of the property of another without the knowledge or consent of the latter.

Answer 28

Negotiorum Gestio

Question 29

Act or omission by a person which causes damage to another in his person, property, or rights

Answer 29

Quasi-delict

Question 30

Juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered by mistake.

Answer 30

Solutio Indebiti

Question 31

A thing is ----- when it refers only to a class or genus to which it pertains and cannot be pointed out with particularly

Answer 31

Generic/Indeterminate Thing

Question 32

A thing is said to be ----- particularly designated or physically segregated from others of the same class. ex: The watch I am wearing The car sold to B

Answer 32

Specific/Determinate Thing

Question 33

Different kinds of Fruits

Answer 33

1. Natural 2. Industrial 3. Civil

Question 34

Right or power of a person

Answer 34

Personal rights

Question 35

Things joined to or included with the principal thing for the latter's better use or completion

Answer 35

Accessories

Question 36

Right or interest of a person over a specific thing

Answer 36

Real Right

Question 37

Fruits of a thing or additions to or improvements upon a thing

Answer 37

Accessions

Question 38

Kinds of Delay/Default

Answer 38

1. Mora Solvendi (delay on the part of debtor) 2. Mora Accipiendi (delay on the part of creditor) 3. Compensatio Morae (delay of the obligor cancels the delay of the obligee)

Question 39

Grounds for liability:

Answer 39

1. Fraud (deceit/dolo) 2. Negligence(fault/culpa) 3. Delay(mora) 4. Contravention of the terms of the obligation

Question 41

Deliberate or intentional evasion by the debtor of the normal compliance of his obligation.

Answer 41

Fraud

Question 43

Omission of that diligence required by the nature of the obligation and corresponds with the circumstance of the person, time, and place

Answer 43

Negligence

Question 44

The attention and care required of a person in a given situation

Answer 44

Diligence

Question 45

The interference of a fact not actually known arising from its usual connection with another which is known or proved

Answer 45

Presumption

Question 46

One whose consequences are subject in one way or another to the fulfillment of a condition

Answer 46

Conditional Obligation

Question 48

A future and uncertain event, upon the happening of which, the acquisition or extinguishment of an obligation (or right) subject to it depends

Answer 48

Condition

Question 49

A condition suspensive in nature and which depends upon the sole will of one of the contracting parties known as

Answer 49

Potestative condition

Question 50

If the suspensive condition depends upon chance or upon the will of a third person, the obligation subject to it is valid.

Answer 50

Casual Condition

Question 51

The obligation is valid if the suspensive condition depends partly upon chance and partly upon the will of a third person.

Answer 51

Mixed Condition

Question 52

2 Kinds of Impossible Conditions:

Answer 52

1. Physically impossible condition 2. Legally impossible condition

Question 53

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

Answer 53

Physically impossible condition

Question 54

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

Answer 54

Legally impossible conditions

Question 55

Kinds of loss:

Answer 55

1. Physical Loss 2. Legal Loss 3. Civil LossH

Question 56

When only one party is obliged to comply with the prestation

Answer 56

Unilateral

Question 57

When both parties are mutually bound to each other.

Answer 57

Bilateral

Question 58

A future and certain event upon the arrival of which the obligation suject to it either arises or is terminated.

Answer 58

Period/Term

Question 59

Each debtor is liable only for a proportionate part of the debt, and each creditor, proportionately of the credit. (Proportionately) (Pro rata) (Mancomunada) (Mancomunada simple)

Answer 59

Joint obligation

Question 60

Each debtor is liable for the whole obligation, and each creditor is entitled to demand payment of the whole obligation. (Jointly and severally) (Individually and collectively) (In solidum) (Mancomunada solidaria) (Juntos o separadamente)

Answer 60

Solidary obligation

Question 61

Refers to the subject matter only- thereby not being susceptible of partial performance. (can also be divisible physically, but indivisible by provision of law, or by intention of the parties)

Answer 61

Indivisibility

Question 62

When two or more individuals are solidary liable, they are each responsible for the entire debt or obligation only if one of them fails to fulfill their share. If one party pays their share, the others are not responsible for paying the remaining amount.

Answer 62

Solidarity

Question 63

When two or more individuals are jointly liable for a debt or asset, they are each responsible for the entire obligation. If one party fails to full their obligation, the other parties are also held responsible.

Answer 63

Jointly