Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

RFBT1 > Obligation L3 De Leon > Flashcards

Obligation L3 De Leon Flashcards

1
Q

Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to parties, is demandable at once

A

ARTICLE 1179

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening event.

A

ARTICLE 1179

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

PURE OBLLIGATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

CONDITIONAL OBLIGATION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Is a future or uncertain event, upon the happening of which, the effectively extinguishment of an obligation (or rights) subject to it depends:
a. Future and Uncertain
b. Past but unknown

A

CONDITION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

One the fulfillment of which will give rise to an obligation (or right). The demandability of the obligation is suspended until the happening of a future and uncertain event that constitutes the condition.

A

SUSPENSIVE CONDITION (Condition precedent or condition antecedent)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

One the fulfillment of which will extinguish an obligation (or right) already existing. Non-compliance with or non-fulfillment of the condition resolves the contract by force of law without the need for judicial intervention

A

RESOLUTORY CONDITION (Condition subsequent)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When an obligation is ____________
1. When it is pure
2. When it is subject to resolutory condition; and
3. When it is subject to a resolutory period

A

OBLIGATION IS DEMANDABLE AT ONCE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period, subject to the provisions of Article 1197

A

ARTICLE 1180

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Is a future and certain event upon the arrival of which the obligation subject either arises or extinguished

Examples:
1. When the debtor binds himself to do so
2. When his means permit him to do so
3. Little by littles
4. As soon as possible
5. From time to time
6. As soon as I have the money

A

PERIOD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Classification of Condition as to _______
1. Suspensive Condition
2. Resolutory Condition

A

EFFECT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Classification of Condition as to _______
1. Express
2. Implied

A

FORM

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Classification of Condition as to _______
1. Possible
2. Impossible

A

POSSIBILITY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Classification of Condition as to _______
1. Potestative
2. Casual
3. Mixed

A

CAUSE OR ORIGIN

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Classification of Condition as to _______
1. Positive
2. Negative

A

MODE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Classification of Condition as to _______
1. Conjunctive
2. Disjunctive

A

NUMBER

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Classification of Condition as to _______
1. Divisible
2. Indivisible

A

DIVISIBILITY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Article 1183. Impossible conditions, those contrary to good customs or public policy, and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.

The condition not to do an impossible thing shall be considered as not having been agreed upon.

A

POSSIBLE AND IMPOSSIBLE CONDITION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The impossibility must already exist at the time the obligation was constituted if the impossibility arises after the creation of obligation, the debtor in obligations to do so shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. (Art 1226)

A

POSSIBLE AND IMPOSSIBLE CONDITION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A

PHYSICALLY IMPOSSIBLE CONDITION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

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

A

LEGALLY IMPOSSIBLE CONDITION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Impossible conditions annul the obligation which depends upon them

A

CONDITIONAL OBLIGATION VOID

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

If the condition is negative, that is, not to do an impossible thing, it is disregarded and the obligation is rendered pure and valid.

A

CONDITIONAL OBLIGATION VALID

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

if the obligation is divisible, the part thereof not affected by the impossible condition shall be valid

A

ONLY THE AFFECTED OBLIGATION IS VOID

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

If the obligation is a pre-existing obligation, and, thereof, does not depend upon the fulfillment of the condition which is impossible, for its existence, __________

A

ONLY THE CONDITION IS VOID

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

It is a condition suspensive in nature and which depends upon the sole will of one of the contracting parties

A

POTESTATIVE CONDITION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When the suspensive condition depends solely upon the will of the debtor, the conditional obligation shall be _____ because its validity and compliance are left to the will of the debtor and it cannot, thereof, be legally demandable.

Ex.
1. I will pay you if I want
2. I will pay you upon the sale of the house which I live

A

VOID

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Where the suspensive condition depends solely upon the will of the debtor:
if the obligation is a ____________ one, and thereof, does not depend for its existence upon the fulfillment by the debtor of the potestative condition, only the condition is void leaving unaffected obligation itself

A

PRE-EXISTING

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Where the suspensive condition depends upon solely the will of the creditor, the obligation is _______

A

VALID

30
Q

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

Ex. Where S binds himself to sell his land to S if he wins a case which is pending before the Supreme Court

A

CASUAL CONDITION

31
Q

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

Ex. Where X, the building contractor. obliges himself in favor of Y, the owner, to repair X’s expense, any damage to the building taking place after an earthquake if found by a panel of arbitrators that construction defects contributed in any way to the damage

A

MIXED CONDITION

32
Q

The happening of an event at a determinate time. The obligation is extinguished:
1. As soon as the time expires without the event taking place; or
2. As soon as it has become indubitable that the event will not take place although the time has specified has not yet expired

A

POSITIVE CONDITION

33
Q

The event will not happen at a determinate time. The obligation shall become effective and binding:
1. From the moment the time indicated has elapsed without the event taking place; or
2. From the moment it has become evident that the event cannot occur , although the time indicated has not yet lapsed;

Note: If no time if fixed, the circumstances shall be considered to determine the intention of the parties. This rule may also be applied to a positive condition

A

NEGATIVE CONDITION

34
Q

Art 1186. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.

Requisites:
1. The condition is suspensive
2. The obligor actually prevents (with malice or fraud) the fulfillment of the condition; and
3. He acts voluntarily

A

CONSTRUCTIVE FULFILLMENT OF SUSPENSIVE CONDITION

35
Q

Art. 1186 applies also to an obligation subject to a resolutory condition with respect to the debtor who is bound to return what he has received upon the fulfillment of the condition

A

CONSTRUCTIVE FULFILLMENT OF SUSPENSIVE CONDITION

36
Q

Retroactive effects of fulfillment of a suspensive condition

An obligation to give subject to a suspensive condition becomes demandable only upon the fulfillment of the condition. However, once the condition is fulfilled, its effects shall retroact to the day when the obligation was constituted

A

I[N OBLIGATIONS TO GIVE

37
Q

Retroactive effects of fulfillment of a suspensive condition

no fixed rule. The court are empowered by the use of sound discretion and bearing in mind the intent of the parties, to determine, in each case, the retroactive effect of the suspensive condition has been complied with. It includes the power to decide that the fulfillment of the condition shall have no retroactive effect shall be reckoned

A

IN OBLIGATIONS TO DO OR NOT TO DO

38
Q

Retroactive effects of fulfillment of a suspensive condition

There is no retroactive effect

A

IN RECIPROCAL OBLIGATION

39
Q

Retroactive effects of fulfillment of a suspensive condition

There is no retroactive effect. (Usually gratuitous)

A

IN UNILATERAL OBLIGATION

40
Q

Rights pending fulfillment of suspensive condition

He/she may take or bring appropriate actions for the preservation of his/her right, as the debtor may render nugatory the obligation upon the happening of the condition

A

RIGHT OF CREDITOR

41
Q

Rights pending fulfillment of suspensive condition

He/she is entitled to recover what he has paid by mistake prior to happening of the suspensive condition

A

RIGHT OF DEBTOR

42
Q
  1. Perishes (Physical Loss)
  2. Goes out of commerce (Legal Loss)
  3. Disappears in such a way that its existence is unknown or it cannot be recovered (Civil Loss)
A

CONCEPT OF LOSS

43
Q

Gives the right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides

A

USUFRUCT

44
Q

The parties, upon fulfillment of said conditions, shall return to each other what they have received

A

EFFECT OF FULFILLMENT OF RESOLUTORY CONDITION IN OBLIGATION TO GIVE

45
Q

In obligation to do or not to do, the courts shall determine, in each case, the retroactive effect of the condition has been complied with.

A

EFFECT OF FULFILLMENT OF RESOLUTORY CONDITION IN OBLIGATION TO DO OR NOT TO DO

46
Q

Obligation whose fulfillment a day certain has been fixed shall be demandable only when that day come

Obligations with a resolutory period take effect at once but terminate upon arrival of the day certain

A day certain is understood to be that which must necessarily come, although it may not be known when

If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding Section

A

ARTICLE 1193

47
Q

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

A

OBLIGATIONS WITH A PERIOD

48
Q

Is a future and certain event upon arrival of which the obligation (or right) subject to it either arises or is terminated. It is a day certain which must necessarily come, although it may be known when, like death of a person

A

PERIOD

49
Q

requisites of a __________
1. Future
2. Certain, and
3. Possible, legally, and physically

A

VALID PERIOD OF TERM

50
Q

According to Effect

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

A

SUSPENSIVE PERIOD (ex die)

51
Q

According to Effect

The obligation is valid up a day certain and terminates upon the arrival of the Period

A

RESOLUTORY PERIOD (in deim)

52
Q

According to Source

When it is provided for by law

A

LEGAL PERIOD

53
Q

According to Source

When it is agreed by the parties

A

CONVENTIONAL OR VOLUNTARY PERIOD

54
Q

According to Source

When it is fixed by the court

A

JURIDICAL PERIOD

55
Q

According to Definiteness

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

A

DEFINITE PERIOD

56
Q

According to Definiteness

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

A

INDEFINITE PERIOD

57
Q

Whenever in an obligation a period is designated. It is presumed to have been established for the benefit of both the creditor and the debtor

A

GENERAL RULE

58
Q

When it appears from the tenor of the period or other circumstances that it was established for the benefit of one of the parties

A

EXCEPTION

59
Q

The creditor may demand the performance of the obligation at any time, but the debtor cannot compel him to accept payment before the expiration of the Period

A

WHEN IT IS FOR THE BENEFIT OF THE CREDITOR

60
Q

The debtor may oppose any premature demand on the part of the creditor for the performance of the obligation, or if he so desires, he may renounce the benefit of the period by performing his obligation in advance

A

WHEN IT IS FOR THE BENEFIT OF THE DEBTOR

61
Q

One where there is only one prestation

A

SIMPLE OBLIGATION

62
Q

One where there are two or more prestation

A

COMPOUND OBLIGATION

63
Q

One where there are several prestation and all of them are due

A

CONJUCTIVE OBLIGATION

64
Q

One where one of two or more of the prestation is due. It may be alternative of facultative

A

DISTRIBUTIVE OBLIGATION

65
Q

It is an obligation where the debtor is alternatively bound by different prestation, but the complete performance of one sufficient to extinguish the obligation

A

ALTERNATIVE OBLIGATION

66
Q

It is an obligation where the debtor, who has a reserved right to choose another prestation or thing, is bound to perform one of the several prestation due or to deliver a thing as a substitute for the principal

A

FACULTAIVE OBLIGATION

67
Q

Right to choose prestation in an alternative obligation

The right of choice belongs to the debtor

A

GENERAL RULE

68
Q

Right to choose prestation in an alternative obligation

Unless it has been expressly given to the creditor or third person

A

EXCEPTION

69
Q

One where there is only one obligor and one oblige

A

INDIVIDUAL OBLIGATION

70
Q

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

A

COLLECTIVE OBLIGATION

71
Q

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

A

JOINT OBLIGATION

72
Q

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

A

SOLIDARY OBLIGATION

RFBT1 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions