Obligations

Question 1

Delivery by giving of the keys of the place or depository where the movable is stored or kept

Answer 1

Traditio clavium

Question 2

Definition of Obligation:

Answer 2

Art. 1156 of the Civil Code

A jurdical necessity to give, to do or not to do.

Question 3

Requisites of an Obligation

Answer 3

-Active Subject
-Passive Subject
-Object or Prestation
-Efficient cause / juridical tie / vinculum

Question 4

Active subject or also known as…

Answer 4

Obligee or Creditor

Question 5

Passive subject or also known as…

Answer 5

Obligor or Debtor

Question 6

Requisites of an object or prestation:

Answer 6

• Must be possible, physically or juridically
• Must be determinable according to pre-established elements or criteria
• Must have possible equivalent in money

Question 7

Types of Obligation:

Answer 7

Positive, Real, Personal, and Negative Obligations

Question 8

Types of Obligation:

Answer 8

Positive, Real, Personal, and Negative Obligations

Question 9

Refers to an obligation, which consists of giving or doing something.

Answer 9

Positive Obligation

Question 10

Is an obligation that consists of the delivery or giving of personal or real objects.

Answer 10

Real Obligation

Question 11

Is an obligation that consists of doing a particular prestation, but not delivery of an object.

Answer 11

Personal Obligation

Question 12

Is an obligation which consists of abstaining from some act.

Answer 12

Negative Obligation

Question 13

…derive their binding force from positive law or substantive law.

Answer 13

Civil Obligation

Question 14

…can be enforced by court action or the coercive power of public authority.

Answer 14

Civil Obligation

Question 15

They derive their binding effect from equity and natural justice.

Answer 15

Natural Obligations

Question 16

Fulfillment of the obligation cannot be compelled by court action but depends exclusively upon the good conscience of the debtor.

Answer 16

Natural Obligation

Question 17

Sources of Civil Obligation demandable in a court of law:

Answer 17

Law, Contract, Quasi-Contract, Quasi-delict, Crime(Delict)

Question 18

Principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision.

Answer 18

Law

Question 19

Is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or render some service.

Answer 19

Contract

Question 20

Is a juridical relation that arises from certain lawful, voluntary, and unilateral acts, to the end that no one may be unjustly enriched or benefited at the expense of another.

Answer 20

Quasi-Contract

Question 21

Refers to the voluntary management of the property or affairs of another without the knowledge or consent of the latter.

Answer 21

Negotiorum Gestio

Question 22

Refers to the juridical relation that is created when something is received when there is no right to demand it and it was unduly delivered through mistake.

Answer 22

Solutio Indebiti

Question 23

Refers to a source of an obligation wherein a person by act or omission causes damage to another, there being fault or negligence.

Answer 23

Quasi-delicts / Culpa Aquiliana / Torts

Question 24

Refers to any act or omission that is punishable by law.

Answer 24

Crime / Delict

Question 25

Kinds of Thing or Object:

Answer 25

-Generic or Indeterminate thing -Determinate or Specific thing

Question 26

Diligence required by law.

Answer 26

Contract of common carrier and Contract of bank deposits. (Extraordinary Diligence)

Question 27

Diligence stipulated in the contract.

Answer 27

The stipulation must be valid. Waiver of future fraud or future gross negligence is null and void.

Question 28

Degree of diligence to be exercised:

Answer 28

Ordinary diligence, or diligence of a good father of a family or diligence of a reasonably prudent person.

Question 29

Kinds of fruits under the Civil Code:

Answer 29

Natural, Industrial, and Civil fruits.

Question 30

Refer to those which destined for the embellishment, use, or their preservation of another thing or more importance, have their object the completion of the latter for which they are indispensable or convenient.

Answer 30

Accessories

Question 31

Include everything that is produced by a thing or is incorporated or attached thereto, either naturally or artificially.

Answer 31

Accessions

Question 32

Is the power belonging to a person over a specific thing, without a passive subject individually determined, against whom such right may be personally exercised.

Answer 32

Real Right

Question 33

Is the power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to or not to do.

Answer 33

Personl Right

Question 34

General Remedies available to creditor when the debtor fails to comply with his obligation:

Answer 34

Action for: - Specific performance with damages - Rescind the obligation with damages - Damages

Question 35

Remedies of the creditor in the case the debtor fails to comply with his obligation to deliver a determinate or specific thing:

Answer 35

Action for: - Specific performance in addition to damages under Article 1170 - Damages if action for specific perfomance becomes legallly impossible

Question 36

Remedies of the creditor in the case the debtor fails to comply with his obligation to deliver an indeterminate or generic thing:

Answer 36

- Action for specific perfomance with damages - He may ask the obligation to be complied with by a third person at the expense of the debtor with damages

Question 37

Remedy of the creditor if the debtor fails to dothe prestation in obligation to do:

Answer 37

The creditor or third person may do it in a proper manner at the expense of the debtor.

Question 38

In an obligation to do whereby only the debtor can do the thing, remedy of the creditor if the debtor fails to do the prestation:

Answer 38

Action for indemnification for damages

Question 39

In an obligation to do, remedy of the creditor in case the debtor did it in contravention of the tenor of the obligation or did it poorly:

Answer 39

The creditor or third person may do it in a proper manner, or it may be decreed that what had been poorly done be undone at the expense of the debtor.

Question 40

In an obligation consisting in not doing, remedy of the creditor in case the debtor does what has been forbidden him:

Answer 40

- It shall be undone at the expense of debtor with indemnification for damages.

Question 41

Refers to the non-fulfillment of the obligation with respect to time.

Answer 41

Default (Mora)

Question 42

Requisites in order that the debtor may be in default or for debtor's delay or mora to exist:

Answer 42

- Obligation must be demandable and already liquidated - Debtor delays performance of the obligation - Creditor demands the performance either judicially or extrajudicially

Question 43

Requisites in order that the debtor may be in default or for debtor's delay or mora to exist:

Answer 43

- Obligation must be demandable and already liquidated - Debtor delays performance of the obligation - Creditor demands the performance either judicially or extrajudicially

Question 44

Moment of delay in reciprocal obligation

Answer 44

From the moment one of the parties fulfills his obligation.

Question 45

Types of Delay ( Default / Mora )

Answer 45

- Mora Solvendi (Debtor's Delay) - Mora Accipiendi (Creditor's Delay) - Compensatio Morae (Delay of both parties)

Question 46

Grounds for damages

Answer 46

- Fraud (Dolo) - Negligence (Fault/Culpa) - Delay (Default/Mora) - Contravention of the tenor of obligation

Question 47

Refers to the deliberate and intentional evasion of the normal fulfillment of obligation.

Answer 47

Fraud / Dolo

Question 48

Is the failure to observe for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such person suffers injury.

Answer 48

Negligence / Fault / Culpa

Question 49

Refers to the non-fulfilment of the obligation with respect to time.

Answer 49

Delay / Default / Mora

Question 50

Refers to illicit act which impairs the strict and faithful fulfilment of the obligation or every kind of defective performance.

Answer 50

Contravention of the tenor of obligation

Question 51

Types of civil damages that may be awarded by Court:

Answer 51

- Mutually exclusive damages - Additional damages