OBLICON MIDTERMS

Question 1

What are the instances when the fruit cannot be recovered

Answer 1

1. When the obligation is reciprocal, and there has been pre-payment of both sides.
2. When the obligation is alone, and the debtor is bound to pay the interest
3. When the period is exclusively for the creditors’ benefit
4. When the debtor is aware of the period and pays anyway the waiver

Question 2

Types of Obligations

Answer 2

 Personal
 Real
 Reciprocal

Question 3

SOURCES OF OBLIGATION

Answer 3

LAW

CONTRACTS

QUASI CONTRACTS

DELICT

QUASI DELICT

Question 4

TYPES OF REAL OBLIGATION

Answer 4

Specific or determinate

Generic or Indeterminate

Delimited Generic

Question 5

Types Of Condition

Answer 5

Suspensive Condition

Resolutory Condition

Question 6

KINDS OF DEFAULT/DELAY?

Answer 6

★ MORA SOLVENDI
★ MORA ACCIPIENDI
★ COMPENSATIO MORAE

Question 7

DELAY ON THE PART OF THE DEBTOR

Answer 7

➢ MORA SOLVENDI

Question 8

DELAY ON THE PART OF THE CREDITOR

Answer 8

➢ MORA ACCIPIENDI

Question 9

BOTH THE DEBTOR THE CREDITOR ARE IN DEFAULT

Answer 9

➢ COMPENSATIO MORAE

Question 10

Definition of Obligation

Answer 10

a juridical relation whereby a person (called the creditor) may demand from another (called the debtor) the observance of a determinate conduct (the giving, doing, or not doing), and in
case of breach, may demand satisfaction from the assets of the Latter.”

Question 11

Requisites of Object

Answer 11

a. licit - if illicit, it is void
b. possible - if impossible, it is void
c. determinate or determinable - or else, void
d. pecuniary value

Question 12

Kinds of Obligations

Answer 12

civil obligation

natural obligation

moral obligation

Question 13

Obligations imposed by statutory law (e.g., tax obligations, obligations to support family members).

Answer 13

Law

Question 14

Obligations arising from the stipulations and agreements between parties, subject to the autonomy of contracts under Article 1306.

Answer 14

Contracts

Question 15

Obligations imposed by law, arising from voluntary and lawful acts which do not involve contracts (e.g., negotiorum gestio, solutio indebiti).

Answer 15

Quasi-Contracts

Question 16

Obligations arising from criminal acts, where a civil liability may accompany the criminal liability (e.g., restitution, reparation for damages).

Answer 16

Delicts or Crimes

Question 17

Obligations arising from damages caused to another by fault or negligence, which are not criminal in nature (e.g., damages in cases of accidents).

Answer 17

Quasi-Delicts (Torts)

Question 18

The person who has the right to demand the performance of the obligation.

Answer 18

Active Subject (Obligee)

Question 19

The person who is bound to perform or fulfill the obligation.

Answer 19

Passive Subject (Obligor)

Question 20

The conduct or act that is the subject of the obligation, which may involve giving, doing, or not doing something.

Answer 20

Object or Prestation

Question 21

The legal bond that binds the obligor to the obligee, compelling the obligor to perform or fulfill the prestation.

Answer 21

Juridical or Legal Tie (Vinculum Juris

Question 22

Elements of obligations

Answer 22

Active Subject (Obligee)
Passive Subject (Obligor)
Object or Prestation
Juridical or Legal Tie (Vinculum Juris)

Question 23

Power demandable by one person of another (obligation to give, to do or not to do)

Answer 23

PERSONAL RIGHT

Question 24

A power over a specific thing and it is binding on the whole world.

Answer 24

REAL RIGHT

Question 25

those joined to or included in the principal for the latter’s better use, perfection or enjoyment.

Answer 25

ACCESSORIES

Question 26

additions to improvements upon a thing (Examples: whatever is built, planted or sown on a parcel of land).

Answer 26

ACCESSIONS

Question 27

Voluntary execution of a wrongful act or willful omission, knowing and intending the effects which naturally and necessarily arise from such act or omission

Answer 27

Fraud / Dolo

Question 28

event which could not be foreseen, or which though foreseen, were inevitable

Answer 28

Fortuitous Event

Question 29

Characteristics of a fortuitous Event

Answer 29

1. The cause of the breach of the obligation must be independent of the will of the debtor 2. The event must be either unforeseeable or unavoidable 3. The event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner 4. The debtor must be free from any participation in, or aggravation of injury to the creditor

Question 30

General Rule for Fortuitous Events

Answer 30

No person shall be liable for fortuitous events; i.e., his obligation will be extinguished

Question 31

Exceptions to the General Rule for "Fortuitous Event"

Answer 31

a) when expressly declared by law ( bad faith, subject matter is generic, debtor is in delay ) b) when expressly declared by stipulation or contract c) when the nature of the obligation requires assumption of risk (eg. obligation of an insurer)

Question 32

Usury

Answer 32

Contracting for or receiving something in excess of the amount allowed by the law for the loan or use of money, goods, chattels

Question 33

a preson receives anything when they have no right to demand it or it was given to them by mistake, then they have the obligation to return it.

Answer 33

Solution indebiti (payment by mistake)

Question 34

takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority;

Answer 34

Negotiorium gestio (unauthorized management)

Question 35

What civil liability arising from a crime

Answer 35

a. restitution b. reparation of damage caused c. indemnity for consequential damages

Question 36

the omission of that diligence which is required by the circumstances of person, place and time

Answer 36

Negligence