Obligations Flashcards
(109 cards)
1
Q
What is the definition of an obligation?
A
An obligation is a juridical necessity to give, to do or not to do.
(Art. 1156, Civil Code)
2
Q
What are the two kinds of obligations based on enforceability?
A
- Civil obligations
- Natural obligations
3
Q
What is the primary characteristic of civil obligations?
A
They give a right of action to compel their performance.
4
Q
What is a natural obligation?
A
An obligation not based on positive law but on equity and natural law, which does not grant a right of action to enforce its performance.
5
Q
What are the essential elements of an obligation?
A
- Active subject (creditor/obligee)
- Passive subject (debtor/obligor)
- Prestation (subject matter of the obligation)
- Vinculum Juris (Juridical Tie)
6
Q
What is the general rule regarding the transmissibility of obligations?
A
All rights acquired in virtue of an obligation are transmissible.
7
Q
What are the exceptions to the general rule of transmissibility of obligations?
A
- When the nature of the obligation is that it is not transmissible
- By stipulation
- By provision of law
8
Q
What is the source of obligations derived from law known as?
A
Obligations ex lege
9
Q
What is a contract defined as?
A
A meeting of minds between two persons whereby one binds himself to give something or to render some service.
(Art. 1305)
10
Q
What are quasi-contracts?
A
The juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to prevent unjust enrichment.
11
Q
What is ‘negotiation gestio’?
A
An obligation arising when someone voluntarily manages the business or property of another without any power from them.
12
Q
What is ‘solutio indebiti’?
A
The juridical relation created when something is received when there is no right to demand it and it was unduly delivered through mistake.
13
Q
What is a delict?
A
An act or omission punishable by law governed by the Revised Penal Code or other penal laws.
14
Q
What does civil liability arising from a crime include?
A
- Restitution
- Reparation of the damage caused
- Indemnification for consequential damages
15
Q
What are the requisites for a quasi-delict?
A
- There must be an act or omission
- There must be fault or negligence
- There must be damage caused
- There must be a direct relation of cause and effect between the act or omission and the damage
16
Q
What is vicarious liability?
A
The liability of an employer for the acts of their employees under certain conditions.
17
Q
What are the kinds of civil obligations based on perfection and extinguishment?
A
- Pure obligations
- Conditional obligations
18
Q
What defines a pure obligation?
A
An obligation whose performance does not depend upon a future or uncertain event.
19
Q
What is a conditional obligation?
A
An obligation where the acquisition or loss of rights depends upon the happening of an uncertain event.
(Art. 1181)
20
Q
What is a potestative condition?
A
A condition dependent solely on the will of one of the parties.
21
Q
What happens when an impossible condition is imposed in an obligation to do?
A
The obligation and the condition are treated as void.
22
Q
What are the effects of fulfillment of conditions in obligations?
A
Once fulfilled, the condition shall retroact to the day of the constitution of the obligation.
23
Q
What defines obligations with a period?
A
A period is a certain length of time which determines the effectivity or extinguishment of the obligation.
24
Q
What are the types of terms in obligations?
A
- Definite
- Indefinite
- Legal
- Voluntary
- Judicial
25
What is the general rule regarding the benefit of the period in obligations?
It is presumed to have been established for the benefit of both the creditor and the debtor.
26
What is a solidary obligation?
An obligation where each debtor is liable for the entire obligation or each creditor is entitled to demand the whole obligation.
27
What is a solidary obligation?
A solidary obligation is one in which each debtor is liable for the entire obligation or each creditor is entitled to demand the whole obligation.
28
What are the conditions under which a solidary obligation arises?
A solidary obligation arises when the obligation:
* Expressly so states (stipulated)
* When the law requires solidarity
* When the nature of the obligation requires solidarity.
29
What happens if a debtor pays one of the solidary creditors?
The debtor may pay any one of the solidary creditors; but if any demand, judicial or extrajudicial, has been made by one of them, payment should be made to him.
30
What is the effect of novation, compensation, confusion, or remission of the debt in solidary obligations?
These acts made by any of the solidary creditors or with any of the solidary debtors shall extinguish the obligation.
31
True or False: A solidary debtor can only use defenses personal to him in actions filed by the creditor.
False. A solidary debtor may avail himself of all defenses derived from the nature of the obligation and those which are personal to him.
32
What is a joint obligation?
A joint obligation is one in which each debtor is liable only for a proportionate part of the debt or each creditor is entitled only to a proportionate part of the credit.
33
What are the effects of a demand by one creditor upon one debtor in a joint obligation?
The demand produces the effects of default only with respect to the creditor who demanded & the debtor on whom the demand was made, but not with respect to the others.
34
Fill in the blank: A disjunctive obligation has _______ creditors and _______ debtors.
2 or more
35
What are the two classifications of obligations based on performance?
Obligations are classified as:
* Indivisible
* Divisible.
36
What is the general rule regarding penalties in obligations?
The penalty shall substitute the indemnity for damages and payment of interests in case of non-compliance.
37
What are the exceptions to the general rule of penalties in obligations?
Exceptions include:
* If there is stipulation to the contrary
* If the debtor refuses to pay the penalty
* If the debtor is guilty of fraud in the fulfilment of the obligation.
38
What are the kinds of fruits in obligations?
Fruits can be classified as:
* Natural
* Industrial
* Civil.
39
What is the remedy for breach of obligations to give a determinate thing?
Specific performance only if it is legally and physically possible.
40
What are the two kinds of rescission as a remedy?
Rescission types include:
* Rescission in reciprocal obligations
* Rescission under Art. 1301/1303 in rescissible contracts.
41
What is the definition of fraud in the context of obligations?
Fraud is when, through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
42
What are the types of negligence?
Negligence types include:
* Culpa Contractual
* Culpa Aquiliana
* Culpa Criminal.
43
What is a fortuitous event?
A fortuitous event is an extraordinary event not foreseeable or avoidable, which serves as an excuse for non-performance.
44
True or False: A debtor is responsible for events that could not be foreseen.
False. No personal shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.
45
What is the general rule for being considered in default?
General Rule: upon demand, which may be judicial or extra-judicial.
46
What is the general rule regarding liability for unforeseeable events?
No personal shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.
47
What are the exceptions to the general rule of liability for unforeseeable events?
1. Declared by stipulation; 2. Assumption of risk; 3. Expressly specified by law; 4. When negligence, delay or fraud concurred with the fortuitous event.
48
List four modes of extinguishment of obligations.
* By payment or performance
* By the loss of the thing due
* By the condonation or remission of the debt
* By the confusion or merger of the rights of creditor and debtor
49
What is considered 'payment' in the context of obligations?
Payment means not only the delivery of money but also the performance, in any other manner, of an obligation.
50
Who can make a payment on behalf of the debtor?
A third person may make a payment with consent of the debtor or without knowledge/consent of the debtor.
51
What is the effect of a third party making a payment without the debtor's consent?
Payment is still valid as to the creditor and the obligation is still extinguished.
52
What is 'legal tender'?
Legal tender refers to payment which the creditor can be compelled to accept.
53
What are the limits for coins as legal tender under the New Central Bank Act?
* P1 coins and above - legal tender not exceeding P1,000 (now P2,000 since December 2022)
* Coins below P1 - legal tender not exceeding P100 (now P200 since December 2022)
54
What is 'dation in payment'?
Dation in payment is the delivery or transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of the performance of the obligation.
55
What must be present for the application of payment to occur?
1. There is only one debtor; 2. There are several debts; 3. The debts are of the same kind; 4. There is only one and the same creditor.
56
What is 'cession' in the context of payment?
Cession is when the debtor delivers to all his creditors all his properties for the purpose of selling and applying the proceeds to settle his obligations to them.
57
What is 'tender of payment'?
Tender of Payment is the manifestation made by the debtor to the creditor of his desire to comply with his obligation, with the offer of immediate performance.
58
What is 'consignation'?
Consignation is the deposit of the object of the obligation in a competent court in accordance with rules prescribed by law.
59
What does 'loss of the thing due' mean?
Loss means when the thing goes out of commerce, perishes or disappears in such a way that its existence is unknown or that it cannot be recovered.
60
What are the types of impossibility in performance?
* Physical
* Legal
* Objective
* Subjective
* Partial
* Total
* Permanent
* Temporary
61
What is 'condonation or remission of the debt'?
Condonation/Remission is an act of liberality, by virtue of which, without receiving any equivalent, the creditor renounces the enforcement of an obligation.
62
True or False: The creditor can compel the debtor to accept partial payment.
False.
63
What is Condonation or Remission of the Debt?
An act of liberality where the creditor renounces the enforcement of an obligation, extinguishing it entirely or partially.
## Footnote
Condonation can be either gratuitous or not, depending on whether the creditor receives any equivalent.
64
What are the kinds of Condonation based on form?
* Express
* Implied
## Footnote
Express Condonation is formal, while Implied Condonation can be inferred from actions.
65
What is the requirement for Express Condonation of movable property?
If made orally, there must be simultaneous delivery; if exceeding P5,000, it must be in writing.
## Footnote
This requirement is stated under Art. 748.
66
What is the requirement for Express Condonation of immovable property?
It must be in a public document specifying the property donated.
## Footnote
This requirement is stated under Art. 749.
67
What is the definition of Merger or Confusion?
The meeting in one person of the qualities of the creditor and debtor with respect to the same obligation.
68
What are the requisites for Merger or Confusion?
* Must take place between the creditor and the principal debtor
* Must involve the same obligation
* Must be total
69
What is Compensation?
A mode of extinguishment to the concurrent amount of obligations where persons are reciprocally creditors and debtors.
## Footnote
Compensation can occur in total or partial amounts.
70
What are the kinds of Compensation based on effects/extent?
* Total
* Partial
71
What are the requisites for Compensation?
* Each obligor must be bound principally and be a principal creditor of the other
* Debts must consist in a sum of money or consumable things of the same kind
* Both debts must be due
* Debts must be liquidated and demandable
* No retention or controversy over either debt
72
What is Novation?
The act of replacing an old obligation with a new one, which extinguishes the old obligation.
73
What are the requisites for Novation?
* Previous valid obligation
* Agreement of all parties to a new contract
* Extinguishment of old obligation
* Validity of the new obligation
74
What is Objective or Real Novation?
Change in the object or principal conditions of the obligation.
## Footnote
It can be express or implied.
75
What is Subjective Novation?
Changing the subject of the obligation, either through active subrogation or passive substitution.
76
What is Active Subrogation?
When a third person is subrogated to the rights of the creditor, requiring consent from all parties involved.
77
What is Passive Substitution?
When a third person is substituted for the debtor, requiring clear understanding from both parties.
78
What happens to accessory obligations in case of Novation?
They are generally extinguished as a consequence of novation.
79
True or False: Condonation can be total or partial.
True
80
Fill in the blank: The creditor must give _______ for there to be a novation in the person of the debtor.
[creditor’s consent]
81
What is the effect of Conditional Obligations in Novation?
The new obligation shall be under the same condition unless otherwise stipulated.
82
1. Obligation -A juridical necessity to give
to do
83
(Art. 1156).
84
2. Civil Obligation- An obligation enforceable by law.
85
3. Natural Obligation- An obligation based on equity and
86
natural law
not legally enforceable.
87
4. Prestation - The object of an obligation (to give
to do
88
to do).
89
5. Vinculum Juris- The legal tie that binds parties in an
90
obligation.
91
6. Obligations ex lege-Obligations arising from law.
92
7.Obligations ex contractu-Obligations arising from contracts.
93
8.Obligations ex quasi-contractu-Obligations arising from
94
lawful and voluntary acts.
95
9. Negotiorum Gestio - Managing another's property without
96
authority.
97
10. Solutio Indebiti – Obligation arising from undue payment
98
delivered by mistake.
99
11. Obligations ex maleficio-Obligations arising from crimes or
100
delicts.
101
12. Obligations ex quasi-delicto- Obligations arising from fault
102
or negligence without a pre-existing contractual relationship.
103
13. Active Subject - The creditor or obligee in an obligation.
104
14. Passive Subject-The debtor or obligor in an obligation.
105
15. Transmissibility -The ability to transfer rights or obligations
106
unless stipulated otherwise.
107
16. Pure Obligation -Demandable immediately without
108
conditions.
109
17. Conditional Obigation Dependentonafuture or uncertain
