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RFBT > OBLIGATIONS > Flashcards

OBLIGATIONS Flashcards

1
Q

Two kinds of obligations as to sanction

A
  1. Natural Obligation
  2. Civil Obligation
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2
Q

It is based on equity and natural law. It does not give a creditor right of action to enforce performance

A

Natural Obligation

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3
Q

It is a juridical necessity to give, to do, or not to do.

A

Civil Obligation

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4
Q

Meaning of Juridical Necessity

A

The creditor can go to court to enforce the performance of the debtor.

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5
Q

It is based on positive law

A

Civil Obligation

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6
Q

What is positive law?

A

Laws enacted by the congress

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7
Q

One of the modes of extinguishing an obligation

A

Through prescription

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8
Q

An oral contract will be prescribed after _____

A

6 years

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9
Q

A written contract will be prescribed after ____

A

10 years

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10
Q

Two classifications of civil obligation

A
  1. Real obligation
  2. Personal obligation
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11
Q

It involves payment

A

Real Obigation

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12
Q

It involves performance

A

Personal Obligation

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13
Q

A real obligation can be classified into two:

A

Determinate thing or specific thing
Generic Thing

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14
Q

Things that are particularly designated and physically segregated from all other things of the same class

A

Determinate or specific thing

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15
Q

All other things other than determinate things

A

Generic Thing

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16
Q

Essential elements of civil obligation

A

Active subject
Passive Subject
Object or Prestation
Vinculum Juris/ Juridical Tie

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17
Q

Active Subject

A

Obligee or Creditor. A person who has the right to enforce the performance of that civil obligation.

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18
Q

Passive Subject

A

Obligor or debtor

19
Q

Object/ Prestation

A

To give, to do, or not to do

20
Q

Viniculum Juris/ Juridical Tie

A

Sources of obligation

21
Q

What are the sources of obligation?

A
  1. Law
  2. Contract
  3. Quasi-contract
  4. Delicts
  5. Quasi-delicts
22
Q

It is the only one who has consent in the source of obligation

A

Contracts

23
Q

It is based on the principle that no one shall unjustly enrich himself at the expense of another

A

Quasi-contract

24
Q

Two forms of Quasi Contract?

A
  1. Negotiorum Gestio
  2. Solution Indebiti
25
Q

It involves voluntary management of the property of another without the consent or authority of the latter

A

Negotiorum Gestio

26
Q

When a person receives something without a right to demand it and it was delivered through a mistake

A

Solutio Indebiti

27
Q

In Negotiorum Gestio and Solutio Indebeti the liability of two or more debtor is_____

A

Solidary

28
Q

True or False. In quasi-contract the liability of two or more debtors is joint

A

False

29
Q

Acts or omissions punishable by law

A

Delicts

30
Q

When you committed a crime, you have two liabilities

A
  1. Criminal Liability
  2. Civil Liability
31
Q

It involves imprisonment

A

Criminal Liability

32
Q

It involves payment of damages

A

Civil Liability

33
Q

Purpose of the damages

A

For Indemnification
For Reparation
For Restitution

34
Q

Kinds of Damages

A

Moral
Exemplary
Nominal
Temperate
Actual
Liquidated

35
Q

Award to the injured person because they suffered sleepless nights, anxiety, depression, etc.

A

Moral Damages

36
Q

To set example

A

Exemplary damages

37
Q

To vindicate a right

A

Temparate damages

38
Q

Actual damages suffered by the victim

A

Actual damages

39
Q

Predetermined beforehand

A

Liquidated damages

40
Q

Acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between parties

A

Quasi-delicts

41
Q

What are the different kinds of obligation

A

Primary
Secondary

42
Q

Primary kinds of obligation

A
  1. Pure and conditional obligations
  2. Obligation with a period
  3. Alternative and facultative obligation
  4. Joint and solidary obligation
  5. Divisible and Indivisible obligation
  6. Obligation with a Penal Clause
43
Q

Secondary Kinds of Obligation

A
  1. Unilateral and Bilateral Obligation
  2. Real and Personal Obligation
  3. Determinate and Generic Obligatiob
  4. Civil and Natural Obligation
  5. Legal, Conventional and Penal Oblgation

RFBT (1 decks)

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