Prelim

Question 1

Juridical necessity to give, to do or not to do.

Answer 1

obligation

Question 2

(Art. 1156, Civili code of the Philippines) means that the court may be asked to order the performance of an obligation if the debtor does not fulfill it.

Answer 2

Juridical necessity

Question 3

Requisites and Essential Elements of an Obligation

Answer 3

1. Active subject (creditor or obligee)
2. Passive subject (debtor or obligor)
3. Prestation (object or subject matter of the obligation)
4. Efficient cause (vinculum or the legal or juridical tie)

Question 4

the person who has the right to demand the fulfillment of the obligation. The oarty who has the rught to demand performance/compliance of the obligation to give, to do or not to do.

Answer 4

Active subject

Question 5

The person from whom the obligation is juridically demandable. The party who has the obligation to give, to do or not to do.

Answer 5

Passive subject

Question 6

The fact, prestation or service. It is the particular conduct of the debtor or obligor which consist in giving, doing or not doing something.

Answer 6

Prestation.

Question 7

It is which creates the relation between the passive subject or obligor and the active subject or obligee. This may be any of the five sources of obligation

Answer 7

Efficient cause

Question 8

Forms of obligations

Answer 8

1. oral
2. in writing
3. Partly oral and partly in writing

Question 9

Is the act or performance which the law will enforce

Answer 9

obligation

Question 10

is the power which a person has under the law, to demand from another any prestation

Answer 10

right

Question 11

act or omission of one oarty in violation of the legal right or rights os another,inlaw, the terminjury is also used to refer to the wrongful violation of the legal right of another

Answer 11

Wrong

Question 12

(as defined in Art. 1156) is based on positive law, hence, it is enforceable by court action

Answer 12

Civil obligation

Question 13

is based on natural law; hence it is not enforceable by court action. The obligation, however, exists in equity and moral justice, such that if debtor voluntarily performs it, he can no longer recover what he has given.

Answer 13

natural obligation

Question 14

Sources of obligation

Answer 14

1. law
2. contracts
3. quasi-contracts
   4.acts or omissions punishable by law
4. quasi-delicts

Question 15

A rule of conduct just and obligatory, laid down by legitimate authority for common observance and benefit. Obligations derived from law are not presumed. Only those expressly determined in the civil code or in soecial laws are demandable , and shall be regulated by the precepts of the law which establishes them; and as to what has not been for seen, by the provisions on obligations.

Answer 15

Law

Question 16

A rule of conduct just and obligatory, laid down by legitimate authority for common observance and benefit. Obligations derived from law are not presumed. Only those expressly determined in the civil code or in soecial laws are demandable , and shall be regulated by the precepts of the law which establishes them; and as to what has not been for seen, by the provisions on obligations.

Answer 16

Law

Question 17

is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some services. (Art. 1305)

Answer 17

Contracts

Question 18

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith

Answer 18

Art. 1159

Question 19

A contract is a meeting of minds between two persons whereby one binds himself, respect to the other, to give something or to render some service

Answer 19

Art. 1305

Question 20

means compliance or performance in accordance with the stipulation or terms of the contract or agreement. Sincerity and honesty must be observed to prevent one party from taking unfair advantage over the other.

Answer 20

Compliance in good faith

Question 21

They refer to certain lawful, voluntary and unilateral acts giving rise to a juridical relation to the end that no one shall be unjustly enriched at the expense of another.

Answer 21

Quasi-contracts

Question 22

This refers to the voluntary administration of the property, business or affairs of another without his consent or authority. it creates the obligation to reimburse the gestor for necessary and useful expense

Answer 22

Negotiorum gestio

Question 23

the person who took possession of the property

Answer 23

Gestor

Question 24

3 Kinds of Delay (Mora)

Answer 24

1. More solvendi (delay by debtor)
2. Mora Accipiendi (delay by creditor)
3. Compensation morae (delay by both)

Question 25

This refers to payment by mistake of an obligation which was not due when paid. It creates the obligation to return the payment. (Art. 2154)

Answer 25

Solutio Indebiti

Question 26

2 kinds of solutio indebti

Answer 26

1. delivery by mistake
2. payment before due

Question 27

These are crimes or felonies. The commission of a crime makes the offender civility liable. (Act. 100 Revised Penal Code). Such civil liability includes restitution, reparation of the damage caused, and indemnification of consequential damage.

Answer 27

acts or omissions punishable by law

Question 28

Causes of action

Answer 28

a. civil action
b. criminal action

Question 29

kinds of damages

Answer 29

1. moral
2. exemplary
3. nominal
4. temperate
5. actual
6. liquidated

Question 30

these are acts or omissions that cause damage to other, there being fault or negligence but without any pre-existing contractual relation between the parties. (Art. 2176)

Answer 30

Quasi-delicts (aka tort or culpa aquiliana)

Question 31

that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the resultwould not have occurred.

Answer 31

Proximate cause

Question 32

that which actually caused the injury

Answer 32

direct cause