Obligations

Question 1

Republic Act No. 386

Answer 1

Civil Code of the Philippines

Question 2

Book IV of R.A. No. 386

Answer 2

Obligations and Contracts

Question 3

A juridical necessity to give, to do, or not to do

Answer 3

Obligation

Question 4

An obligation that has no legal basis and hence does not give a right of action to enforce its performance

Answer 4

Natural Obligation

Question 5

It is based on equity, morality, and natural law, and should be voluntary

Answer 5

Natural Obligation

Question 6

Elements of Obligation

Answer 6

Parties, Prestation, Juridical Tie

Question 7

Actors involved in an obligation

Answer 7

Parties

Question 8

Creditor/Obligee

Answer 8

Active Subject

Question 9

One who demands the fulfillment of an obligation

Answer 9

Active Subject

Question 10

Debtor/Obligor

Answer 10

Passive Subject

Question 11

One who has the duty to fulfil an obligation

Answer 11

Passive subject

Question 12

The conduct to be performed by the passive subject for the active subject

Answer 12

Prestation

Question 13

Efficient Cause

Answer 13

Juridical Tie

Question 14

The relation that binds the parties to an obligation

Answer 14

Juridical tie

Question 15

Sources of Obligation

Answer 15

Law, Contract, Quasi-contract, Delict, Quasi-delict

Question 16

When there is no meeting of the minds between the parties

Answer 16

Quasi-contract

Question 17

If one (the officious manager) voluntarily takes charge of the agency or management of another person’s property on his behalf without his consent or authority

Answer 17

Negotiorum gestio

Question 18

If one received something that does not rightfully and legally belong to him such as the obligation to return a money received by mistake

Answer 18

Solutio indebiti

Question 19

When there is a civil liability resulting from criminal offense; should be governed by the penal laws; such as the obligation of a thief to return the money he had stolen

Answer 19

Delict

Question 20

When there is fault or negligence that causes damage on another, there being no prior meeting of the minds between the parties; there is an obligation to pay for the damage done; such as the obligation of a driver to pay for the damages he caused to another due to negligence

Answer 20

Quasi-delict

Question 21

Refers to a specific, identifiable object or item

Answer 21

Determinate thing

Question 22

Refers to a general category or class of objects that share common characteristics but may not be individually identifiable

Answer 22

Generic thing

Question 23

Primary classification of obligations according to the peculiarities of the prestation

Answer 23

Pure obligation, Conditional obligation, Obligation with a period

Question 24

Performance is not subject to any condition, and can be immediately demandable

Answer 24

Pure obligation

Question 25

Performance is subject to a condition, and can only be demandable upon the happening of an event

Answer 25

Conditional obligation

Question 26

Performance is subject to a period, and can only be demandable when that period expires

Answer 26

Obligation with a period

Question 27

Primary classification of obligations according to the number of prestations

Answer 27

Simple obligation, Compound obligation

Question 28

There is only one prestation

Answer 28

Simple obligation

Question 29

There are two or more prestations

Answer 29

Compound obligation

Question 30

There are several prestations and all of them can be performed separately

Answer 30

Conjunctive obligation

Question 31

Only one of the several prestations can be performed

Answer 31

Disjunctive obligation

Question 32

Primary classification of obligations according to the number of parties

Answer 32

Individual obligation, Collective obligation

Question 33

There is one debtor and one creditor

Answer 33

Individual obligation

Question 34

There are two or more debtors and two or more creditors

Answer 34

Collective obligation

Question 35

The prestation is divided among each debtor and/or the demand for it is divided among each creditor

Answer 35

Joint obligation

Question 36

The prestation may be performed by any one of the debtors, and/or its entire compliance may be demanded by any one of the creditors

Answer 36

Solidary obligation

Question 37

Primary classification of obligations according to divisibility/indivisibility of the prestation

Answer 37

Divisible obligation, Indivisible obligation

Question 38

The prestation can be partially performed

Answer 38

Divisible obligation

Question 39

The prestation cannot be partially performed

Answer 39

Indivisible obligation

Question 40

Primary classification of obligations according to the value of the prestation

Answer 40

Principal obligation, Accessory obligation, Obligation with a penal clause

Question 41

The main/principal prestation that is essential and from which the accessory obligation/s arise

Answer 41

Principal obligation

Question 42

The secondary/accessory prestation that should be performed in connection with the primary obligation

Answer 42

Accessory obligation

Question 43

The accessory prestation imposes a penalty that shall substitute the indemnity for damages and the payment of interests in case of noncompliance to the principal prestation

Answer 43

Obligation with a penal clause

Question 44

Secondary classification of obligations according to the involvement of the parties

Answer 44

Unilateral obligation, Bilateral obligation

Question 45

Only one party is bound to perform a prestation

Answer 45

Unilateral obligation

Question 46

Both parties are bound to each other in performing their respective prestations

Answer 46

Bilateral obligation

Question 47

One party is bound to perform a prestation in exchange for the other party's performance

Answer 47

Reciprocal obligation

Question 48

Secondary classification of obligations according to the nature of the obligation

Answer 48

Civil obligation, Natural obligation

Question 49

Has legal basis; give a right of action to compel its performance

Answer 49

Civil obligation

Question 50

Arises from law

Answer 50

Legal obligation

Question 51

Arises from contracts with the force of the law

Answer 51

Conventional obligation

Question 52

Arises from delicts and criminal offences

Answer 52

Penal obligation

Question 53

Has no legal basis; does not give a right of action to enforce its performance but is based on equity and natural law, and should be voluntary

Answer 53

Natural obligation

Question 54

Secondary classification of obligations according to the nature of the prestation

Answer 54

Personal obligation, Real obligation

Question 55

The prestation is to do or not to do an act

Answer 55

Personal obligation

Question 56

The prestation is to give or deliver a thing

Answer 56

Real obligation

Question 57

To do an act

Answer 57

Positive obligation

Question 58

Not to do an act

Answer 58

Negative obligation

Question 59

To deliver a determinate thing

Answer 59

Determinate obligation

Question 60

To deliver a generic thing

Answer 60

Generic obligation

Question 61

To deliver a thing confined to a particular class/kind

Answer 61

Limited generic obligation

Question 62

The simultaneous balancing of two obligations wherein two persons are reciprocally debtors and creditors of each other

Answer 62

Compensation

Question 63

The creation of a new and different obligation through the total or partial modification of an old obligation that it substituted.

Answer 63

Novation

Question 64

The invalidation of a voidable contract by a court action on the grounds of incapacity to give consent, mistake, violence, intimidation, undue influence, and fraud

Answer 64

Annulment

Question 65

The revocation, cancellation, or repeal of a contract and the return of the parties to the positions they would have had if the contract had not been made

Answer 65

Rescission

Question 66

The loss of certain rights upon the lapse of time

Answer 66

Prescription

Question 67

Mutuo disenso

Answer 67

Mutual desistance/withdrawal