OBLIGATIONS

Question 1

identified by individuality

Answer 1

Determinate/specific

Question 2

refers to class or genus

Answer 2

Generic/indeterminate

Question 3

is the right or power of a person to demand from another — to give, to do, or not to do.

Answer 3

Personal Right

Question 4

is a power over a specific thing (like the right of ownership or possession) and is binding on the whole world.

Answer 4

Real Right

Question 5

Genus Nunguam Perit means

Answer 5

Genus Never Perishes

Question 6

The primary obligation to give a determinate thing

Answer 6

To deliver the thing

Question 7

The Accessory obligation to give a determinate thing

Answer 7

To take care of the thing

Question 8

an extra ordinary event which cannot be foreseen or which though foreseen is inevitable.

Answer 8

A Fortuitous event

Question 9

Those joined or included with the principal for the latter’s better use, perfection, or enjoyment

Answer 9

Accesssories

Question 10

additions to or improvements upon a thing.

Answer 10

Accessions

Question 11

Is dependent upon human intervention other than that of the obligor

Answer 11

Force majeure (Fuerza Mayor)

Question 12

Failure to perform an obligation on time

Answer 12

Ordinary Delay / In-Default

Question 13

Failure to perform the obligation on time which constitutes

Answer 13

Legal Delay / Default

Question 14

There is fraud or willful violation of the obligation

Answer 14

Fraud / Dolo

Question 15

is a deception of a serious character employed by one party and without which the other party would not have entered into a contract.

Answer 15

Dolo causante or causal fraud

Question 16

those which are not serious in character and without which the other party would still have entered into the contract.

Answer 16

Dolo incedente or incidental fraud

Question 17

Refers to negligence arising from contractual obligations, which are not fully and faithfully complied by the obligor. This is distinguished from culpa aquiliana, which refers to negligence independent of any contractual obligation

Answer 17

Negligence / Culpa

Question 18

The delay must be either malicious or negligent.

Answer 18

Delay / Mora

Question 19

Violation of the terms and condition stipulated in the obligation

Answer 19

Contravention of the tenor of the obligation

Question 20

Delay on the part of obligor

Answer 20

Mora Solvendi

Question 21

Delay on the creditor’s part

Answer 21

Mora Accipiendi

Question 22

Both parties are delay

Answer 22

Compensatio Morae

Question 23

rights that do not pass on to one’s heirs or assigns.

Answer 23

Intransmissible rights

Question 24

one which does not contain any condition or term upon which its fulfillment is made to depend.

Answer 24

Pure Obligation

Question 25

future and uncertain event upon which the existence or extinguishments of an obligation is made to depend.

Answer 25

Condition Obligation

Question 26

kind of obligation which is subject to condition.

Answer 26

Conditional Obligation

Question 27

ts fulfillment gives rise to the obligation, if not fulfilled, no obligation will arise.

Answer 27

Suspensive (condition precedent/antecedent)

Question 28

extinguishes the obligation which is already existing.

Answer 28

Resolutory (condition subsequent)

Question 29

depends upon the will of the debtor Casual – depends upon chance and/or upon the will of the third person Mixed – depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person.

Answer 29

Potestative

Question 30

depends upon the will of the debtor

Answer 30

Potestative

Question 31

depends upon chance and/or upon the will of the third person

Answer 31

Causal

Question 32

depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person.

Answer 32

Mixed

Question 33

when the condition is capable of fulfillment according to nature, law, public policy or good customs.

Answer 33

Possible

Question 34

not capable of fulfillment according to nature, law, public or good customs.

Answer 34

Impossible

Question 35

when the condition involves the doing of an act.

Answer 35

POSITIVE

Question 36

when the condition involves the omission of an act.

Answer 36

NEGATIVE

Question 37

when the condition is susceptible of partial performance

Answer 37

DIVISIBLE

Question 38

when the condition is not susceptible of partial performance.

Answer 38

INDIVISIBLE

Question 39

when there are several conditions in an obligation and all of which must be performed.

Answer 39

CONJUNCTIVE

Question 40

when there are several conditions in an obligation but only one must be performed

Answer 40

ALTERNATIVE

Question 41

conditionis stated expressly

Answer 41

Express

Question 42

when the condition is not expressly stated but merely inferred from the conduct of the parties.

Answer 42

Implied

Question 42

when the condition is not expressly stated but merely inferred from the conduct of the parties.

Answer 42

Implied

Question 43

a certain length of time which determines the effectivity or the extinguishment of obligations.

Answer 43

Period

Question 44

understood to be that which must necessarily come, although it may not be known when.

Answer 44

Day Certain

Question 45

a term or period with a suspensive effect, which means the obligation becomes effective only from the arrival of a certain day.

Answer 45

Ex-Die

Question 46

a term or period with a resolutory effect, which means the obligation will subsist up to a certain day and it terminates upon the arrival of that day.

Answer 46

In-Diem

Question 47

period designated by the court

Answer 47

Judicial Period

Question 48

period fixed by the parties in their contract

Answer 48

Contractual Period