OBLIGATIONS Flashcards

(43 cards)

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

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
It involves voluntary management of the property of another without the consent or authority of the latter
Negotiorum Gestio
26
When a person receives something without a right to demand it and it was delivered through a mistake
Solutio Indebiti
27
In Negotiorum Gestio and Solutio Indebeti the liability of two or more debtor is_____
Solidary
28
True or False. In quasi-contract the liability of two or more debtors is joint
False
29
Acts or omissions punishable by law
Delicts
30
When you committed a crime, you have two liabilities
1. Criminal Liability 2. Civil Liability
31
It involves imprisonment
Criminal Liability
32
It involves payment of damages
Civil Liability
33
Purpose of the damages
For Indemnification For Reparation For Restitution
34
Kinds of Damages
Moral Exemplary Nominal Temperate Actual Liquidated
35
Award to the injured person because they suffered sleepless nights, anxiety, depression, etc.
Moral Damages
36
To set example
Exemplary damages
37
To vindicate a right
Temparate damages
38
Actual damages suffered by the victim
Actual damages
39
Predetermined beforehand
Liquidated damages
40
Acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between parties
Quasi-delicts
41
What are the different kinds of obligation
Primary Secondary
42
Primary kinds of obligation
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
Secondary Kinds of Obligation
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