OBLICON_CHAPTER01 Flashcards
(29 cards)
It is a judirical necessity to give, to do, or not to do
Article 1156
Includes all kinds of work or service
An obligation “to do”
Is prestation which consists in the delivery of a movable or an immovable thing in order to create a real right, or for the use of the recepient, or for its simple possession, or in order to return it to its owner.
An obligation “to give”
Is prestation which consists in the delivery of a movable or an immovable thing in order to create a real right, or for the use of the recepient, or for its simple possession, or in order to return it to its owner.
An obligation “to give”
- is a claim or title to an interest in anything whatsoever that is enforceable by law
- a power, privilege, or immunity guaranteed under a constitution, statue, or decisional law
Right
For every right enjoyed by any person, there is a corresponding obligation on the part of another person to respect such right
True
According to Justice J.B.L Reyes given by Aria Ramos, (blank) is a judirical relation whereby a person (creditor) may demand from another the (debtor) the observance of a determinative conduct (the giving, doing, or not doing), and in case of breach may demand satisfaction from the assets of the latter
Obligation
One by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong
Civil Action
It’s the act or omission by which a party violates a right of another
Cause of Action
- Contains the written statements alleging the plaintiffs claim or cause or causes of action.
- initial written statement that starts a civil action
Function: to give the defendant notice of the nature & basis for the claim
Complaint
Complaint in Relation to Cause of Action
1.) The legal right of the plaintiff
2.) the correlative obligation of the defendant
3.) the act or omission of the defendant in violation of said legal right
Note: If the 3 elements are absent = complaint becomes vulnerable to dismissal
The party who brings a civil suit in a court of law.
The person who files the complaint in court
Plaintiff
- A person sued in a civil proceeding
- The person who will be required to answer the complaint in court
Defendant
Obligation (debtor/obligor) to deliver a thing, movable, or immovable, to the (creditor/obligee) for the purpose of transferring ownership or for the use of possession of the recipient.
Real Obligation (Obligation to Give)
The obligation of debtor to deliver a determinate or specific thing to the creditor or obligee
Determinate or Specific Real Obligation
It is particularly designated or physically segregated from all others of the same class
Example: A car with plate no. ABC123, That red ballpen, that yellow chair
Specific or Determinate Thing
The obligation of the debtor to deliver an indeterminate or generic thing to the creditor or obligee
Indeterminate or Generic Real Obligation
It is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class
Example: Deliver five tables, car, kilo of rice, one of the houses of X and Y
Indeterminate/Generic Thing
It is also known as Positive Personal Obligation
Obligation To Do
It is also known as negative personal obligation
Obligation Not To Do
The obligation of the debtor/obligor to perform some work/ service for the creditor/obligee
E.g: The obligation of X to repair the bicycle of Y.
Positive Personal Obligation (to do)
The obligation of the debtor/obligor not to perform some act in favor of the creditor/obligee
Example: X obliges himself not to build a fence on a certain portion of his lot in favor of Y who is entitled to a right way over said lot
Negative Personal Obligation (not to do)
Essential Elements of an Obligation
1.) Passive Subject/ Debtor/ Obligor
2.) Active Subject/ Creditor/ Obligee
3.) Object
4.) Juridical/ Legal Tie/ Efficient Cause/ Vinculum Juris
The object of an obligation, & it is the conduct required by the parties to do or not to do, or to give
Prestation
