oblicon reviewer

Question 1

future fraud is____
(valid, void)

Answer 1

void

Question 2

past fraud is____
(valid, void)

Answer 2

valid

Question 3

it is considered equivalent to fraud or shows bad faith. any waiver of an action for future negligence of this kind is void.

Answer 3

gross negligence

Question 4

kinds of negligence according to source of obligation

Answer 4

culpa contractual
culpa aquiliana
culpa criminal

Question 5

this kind of negligence is not a source of obligation. it merely makes the debtor liable for damages in view of his negligence in the fulfillment of a pre-existing obligation resulting in its breach or non-fulfillment.

Answer 5

culpa contractual/ contractual negligence

Question 6

negligence which by itself is the source of an obligation between the parties not formally bound before by any pre-existing contract

Answer 6

civil contractual/ culpa aquiliana

Question 7

negligence resulting in the commission of a crime.

Answer 7

culpa criminal/ criminal negligence

Question 8

difference of culpa aquiliana and culpa contractual

Answer 8

in culpa aquiliana, the plaintiff has the burden of proving that the defendant was at fault or negligent while in culpa contarctual, once the plaintiff proves a breach of contract, there is a presumption that the defendant was at fault or negligent.

Question 9

it is conduct that creates undue risk or harm to another.

Answer 9

negligence

Question 10

factors to be considered in negligence

Answer 10

nature of the obligation
circumstances of the person
circumstances of time
circumstances of the place

Question 11

the attention and care required of a person in a given situation and is the opposite of negligence

Answer 11

diligence

Question 12

is any extraordinary event which cannot be foreseen, or which, though foreseen, is inevitable.

Answer 12

fortuitous event

Question 13

it is an event which is either impossible to foresee or impossible to avoid.

Answer 13

fortuitous event

Question 14

kinds of fortuitous events

Answer 14

ordinary fortuitous event
extraordinary

Question 15

difference of acts of man and acts of god

Answer 15

acts of man- an event independent of the will of the obligor but not of other human wills

acts of god- they are those events which are totally independent of the will of every human being. they are also called force majeure. generally applies to a natural accident.

Question 16

those events which are common and which the contracting parties could reasonably foresee (e.g., rain)

Answer 16

ordinary fortuitous event

Question 17

those events which are uncommon and which the contracting parties could not have reasonably foreseen.

Answer 17

extraordinary fortuitous events

Question 18

what are the primary classification of obligations under the Civil Code

Answer 18

-pure and conditional obligations
-obligations with a period
-alternative and facultative obligations
-joint and solidary obligations
-divisible and indivisible obligations
-obligations with a penal clause

Question 19

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

Answer 19

pure obligation

Question 20

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

Answer 20

conditional obligation

Question 21

characteristics of a condition

Answer 21

future and uncertain
past but unknown

Question 22

two principal kinds of condition

Answer 22

suspensive and resolutory

Question 23

one the fulfillment of which will give rise to an obligation (or right)

Answer 23

suspensive condition

Question 24

one the fulfillment of which will extinguish an obligation (or right) already existing.

Answer 24

resolutory condition

Question 25

the entire absence of care, acting or omitting to act on a situation where there is a duty to act, not inadvertently but willfully and intentionally.

Answer 25

gross negligence

Question 26

according to the time of commission, fraud may be ____

Answer 26

past or future

Question 27

it is contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels, or credits.

Answer 27

usury

Question 28

kinds of interest

Answer 28

-simple interest -compound interest -legal interest -lawful interest -unlawful interest

Question 29

is meant the inference of a fact not actually known arising from its usual connection with another which is known or proved.

Answer 29

presumption

Question 30

kinds of presumption

Answer 30

conclusive and disputable (rebuttable) presumptions

Question 31

what are the secondary classification of obligations under the civil code?

Answer 31

-unilateral and bilateral obligations -real and personal obligations -determinate and generic obligations -civil and natural -legal, conventional, and penal obligations

Question 32

classification of obligations according to Sanchez Roman

Answer 32

civil natural mixed

Question 33

is a future and certain even upon the arrival of which the obligation subject to it either arises or extinguished.

Answer 33

period

Question 34

refers only to an uncertain and future event.

Answer 34

condition

Question 35

the condition depends upon the will of one of the contracting parties

Answer 35

potestative

Question 36

the condition depends upon chance or upon the will of a third person

Answer 36

casual

Question 37

the condition depends partly upon chance and partly upon the will of a third person.

Answer 37

mixed

Question 38

there are several conditions and all must be fulfilled.

Answer 38

conjunctive

Question 39

there are several conditions and only one or some of them must be fulfilled.

Answer 39

disjunctive

Question 40

the condition is susceptible of partial performance

Answer 40

divisible

Question 41

the condition is not susceptible of partial performance.

Answer 41

indivisible

Question 42

where resolutory condition depends upon the will of debtor, the obligation is___(valid, void)

Answer 42

valid

Question 43

where suspensive condition depends upon the will of debtor, the conditional obligation shall be___ (valid, void)

Answer 43

void

Question 44

a condition which is both potestative and resolutory may be___ (valid, void), even though the condition is left to the will of the obligor.

Answer 44

valid

Question 45

if the suspensive condition depends upon chance or upon the will of a third person, the obligation subject to it is____(valid, void)

Answer 45

valid

Question 46

the obligation is (valid, void) if the suspensive condition depends partly upon chance and partly upon the will of a third person

Answer 46

valid

Question 47

two kinds of impossible conditions

Answer 47

physically and legally impossible conditions

Question 48

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

Answer 48

physically impossible conditions

Question 49

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

Answer 49

legally impossible conditions

Question 50

article 1189 applies only if:

Answer 50

1. suspensive in nature 2. the obligation is a real obligation 3. the object is a specific or determinate thing 4. the condition is fulfilled 5. there is loss, deterioration, or improvement of the thing

Question 51

kinds of loss

Answer 51

physical loss legal loss civil loss

Question 52

it is kind of loss where a thing perishes

Answer 52

physical loss

Question 53

it is kind of loss where a thing goes out of commerce

Answer 53

legal loss

Question 54

it is kind of loss where a thing disappears in such a way that its existence is unknown or even if known, it cannot be recovered.

Answer 54

civil loss

Question 55

when only one party is obliged to comply with a prestation

Answer 55

unilateral

Question 56

when both parties are mutually bound to each other.

Answer 56

bilateral

Question 57

one whose consequences are subjected in one way or another to the expiration of said period or term.

Answer 57

obligation with a period

Question 58

is a certain event which must happen sooner or later at a date known beforehand, or at a time which cannot be determined

Answer 58

period

Question 59

may refer also to a past event unknown to the parties

Answer 59

condition

Question 60

Kinds of period or term.

Answer 60

-Suspensive period -Resolutory period -Legal period -Conventional or voluntary period -Judicial period -Definite period -Indefinite period

Question 61

The obligation begins only from a day certain upon the arrival of the period

Answer 61

Suspensive period

Question 62

The obligation is valid up to a day certain and terminates upon the arrival of the period.

Answer 62

Resolutory period

Question 63

When it is provided for by law

Answer 63

legal period

Question 64

When it is agreed to by the parties

Answer 64

conventional period / voluntary period

Question 65

When it is fixed by the court.

Answer 65

judicial period

Question 66

When it is fixed or it is known when it will come

Answer 66

definite period

Question 67

When it is not fi xed or it is not known when it will come. Where the period is not fi xed but a period is intended, the courts are usually empowered by law to fi x the same.

Answer 67

indefinite period

Question 68

The term obligation is derived from the Latin word____

Answer 68

obligatio

Question 69

it represent the sum of money given as a compensation for the injury or harm suffered by the creditor or obligee for the violation of his rights.

Answer 69

damages

Question 70

Obligations which give to the creditor or obligee a right of action in courts of justice to enforce their performance are known as____

Answer 70

civil obligations

Question 71

Essential requisites of an obligation

Answer 71

passive subject active subject object/prestation legal tie/juridical tie

Question 72

refers to the act or performance which the law will enforce.

Answer 72

obligation

Question 73

it is the power which a person has under the law, to demand from another any prestation.

Answer 73

right

Question 74

is the illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another

Answer 74

injury

Question 75

Kinds of obligation according to subject matter.

Answer 75

real obligation personal obligation

Question 76

(obligation to give) or that in which the subject matter is a thing which the obligor must deliver to the obligee

Answer 76

real obligation

Question 77

(obligation to do or not to do) or that in which the subject matter is an act to be done or not to be done.

Answer 77

personal obligation

Question 78

kinds of personal obligation

Answer 78

negative personal obligation positive personal obligation

Question 79

what are the sources of obligations?

Answer 79

laws contracts quasi-contracts acts or omissions punished by law quasi-delicts/torts

Question 80

when they arise from the stipulation of the parties

Answer 80

contracts

Question 81

when they arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another

Answer 81

quasi-contracts

Question 82

when they arise from civil liability which is the consequence of a criminal offense

Answer 82

Crimes or acts or omissions punished by law

Question 83

when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties

Answer 83

quasi-delicts

Question 84

This refers to fraudulent behavior that occurs unintentionally or as a byproduct during the performance of obligations outlined in a contract

Answer 84

incidental fraud

Question 85

This type of fraud involves intentional deceit or manipulation that directly influences one party to enter into a contract.

Answer 85

causal fraud

Question 86

is one where only one prestation has been agreed upon but the obligor may render another in substitution.

Answer 86

facultative obligation

Question 87

one where there is only one obligor and one obligee

Answer 87

individual obligation

Question 88

one where there are two or more debtors and/or two or more creditors. It may be joint or solidary.

Answer 88

collective obligation

Question 89

is 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.

Answer 89

joint obligation

Question 90

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

Answer 90

solidary obligation

Question 91

is one wherein various prestations are due but the performance of one of them is sufficiently determined by the choice which, as a general rule, belongs to the debtor.

Answer 91

alternative obligation

Question 92

In alternative obligations, the right of choice is belongs to the_____

Answer 92

debtor

Question 93

this is obligation that all of the debtors are liable for the breach of the obligation committed by a co-debtor

Answer 93

solidary obligation

Question 94

when the parties are bound by the same stipulations or clauses

Answer 94

uniform

Question 95

when the parties are not subject to the same stipulations or clauses.

Answer 95

non-uniform