Quiz mock test Flashcards

1
Q

What is Article 1156

A

page 1

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2
Q

Obligations and contracts is from R.A

A

386

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3
Q

Characteristics of law

A

page 2

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4
Q

Meaning of Juridical necessity

A

page 2. suffer consequences and is liable/ courts of justice

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5
Q

2 parries of obligations

A

obligor and obligee

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6
Q

Is the obligation only for the debtor?

A

page 3

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7
Q

Differentiste civil obligations from natural obligations

A

page 3 and 4 (law and conscience)

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8
Q

What is article 1356 about?

A

4 types of contract. page 4

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9
Q

Oral agreement _ years
Written agreement _ years

A

6 & 10

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10
Q

What is article 3 of the civil code

A

ignorance of the law excuses no one

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11
Q

Estopell by laches

A

slept on your right

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12
Q

Essential requisites of a valid obligation:

A
  1. Passive
  2. Active
  3. Prestation
  4. Vinculum Juris or Juridical tie
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13
Q

Passive

A

debtor/ obligor/ to fulfill/ subject for liability or damages

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14
Q

Passive

A

debtor/ obligor/ to fulfill/ subject for liability or damages

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15
Q

Active

A

Creditor/ Obligee/ to demand/ file a case against the debtor to the courts of justice to take legal action

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16
Q

Prestation

A

outcome of the obligation

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17
Q

3 elements of a valid prestation

A
  1. It must be possible
  2. Determinate/ Generic
  3. Valuable or payable in money
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18
Q

Juridical tie

A

contract/ agreement

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19
Q

act or performance which is enforced by the law

A

obligation

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20
Q

act or performance which is enforced by the law

A

obligation

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21
Q

person has the power to demand or fulfill an obligation

A

right

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22
Q

violation of legal rights through an act or omission of one party

A

wrong

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23
Q

Elements of wrong

A

legal right
correlative right
act or omission in the violation

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24
Q

Obligations from the subject matter

A

Real and Personal Obligations

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25
What is article 1157
Obliconizations arises from law, contracts, quasi contracts, acts or omission punished by law, & quasi- delicts
26
explain quasi contracts
lawful, voluntary, and unilateral
27
what to avoid in quasi contracts?
unjust enrichment
28
what is unjust enrichment
benefitted at the expense of another which is unlawful
29
2 types of quasi contracts
negotiorum gestio and solutio indebiti
30
explain negotiorum gestio
managing someone elses property ex: house on fire
31
explain solutio indebiti
unduly delivered by mistake
32
Act or omission punishable by law
civil liability and punishable with criminal offense
33
quasi delicts or torts
arises from damaged caused to another through an act or omission
34
what is culpa aquillana
negligence and no pre existing contract
35
dulo
with intent and opposite sa culpa
36
art 1158 is about?
obligations derived from law are not presumed. dapat dili sha mugna2
37
article 1159
obligations arising from contracts have the force of law between the contracting parties and should be complied in good faith
38
what makes a contract valid
1. law 2. morals 3. good custom 4. public order 5. public policy
39
what is art 1160
obligations derived from quasi contracts shall be subject to provisions
40
what is art 1161
criminal offenses must be giverned by penal codes
41
dolo and culpa
dolo- gi plano and punishable by criminal law culpa- negligence and wa tuyo-a
42
Scopes of liability
1. Restitution- return 2. Reparation for the damage caused- special value 3. Indemnify- compensation fir harm
43
article 1162
page 16
44
Requisites of quasi- delicts
1. act or omission 2. negligence 3. damage 4. cause and effect 5. no pre existing contract
45
difference between crime and quasi delicts
page 17
46
prove + pa bug atay og evidence
corpus delicti or preponderance of evidence
47
difference of determinate and genus
kaya nana nimo kapila nani gi balik2 sharo
48
2 things to deliver
Determinate and Genus
49
Duties of DEBTOR in obligation to give DETERMINATE
page 18-19
50
can a determinate thing be substituted
knorrrr cause it has been agreed upon
51
can u substitute generic?
as long as it is of the same class or genus
52
article 1163 is all about?
take care of thething with the diligence of a good father of a family. kapila nani gi balik2 Freshia Mae tawn pod nimo
53
3 types of fruits to deliver and explain each
natural- no human intervention industrial- man made civil- relation to juridical chuchu bot kaya nana nimo
54
samanang article 1166 daw bi
accessions and accessories sussss
55
modako imo property tungods avulsion samay tawag ana?
accessions
56
article 1170 kapila nana gi balik2 pod bayota ka
damages in case of non fulfillment or beach of contract for the determinate thing
57
difference between accessions and accessories
secretttt naas page 19
58
incedental fraud or dolo incidente
committed in the performance of an obligation already existing because of contract
59
article 1165
furuitious event
60
difference between personal right and real right
page 20
61
duties of DEBTOR in delivering GENERIC thing
page 21or 27
62
GENERIC remedies ni creditor
page 22 or page 27
63
Remedies of the creditor in case of non fulfillment ni debtor
1. Demand specific performance & indemnity of damages (can't force ksy ma involuntary servitude ta ana) 2. demand recission (hatag sa court) or cancellation 3. demand payment for damages
64
2 types of delivery
actual and constructive
65
what is traditio simbolika
key or symbols
66
traditio longa manu
pointing/ mere consent
67
brevi manu
rent to own/ situationship
68
constitutu possisorium
imo gibaligya imo balay pero ga stay gyapon ka anang balaya
69
tradition by the execution of legal forms
documents itself like naa imo name and everything
70
when obligation to deliver fruits arises
page 37 1. perfection 2. suspensive condition 3. na bayaran na 4. obligations arising from law, contracts, chuchu
71
difference between suspensive and regulatory unsuspensive conditions
page 25
72
familiarize and better yet memorize nalang tanan sa page 26-31
GRAHHHHHHHHHHH masyado na akong malakas sa mundo ng mga tao pasipsip naman ng iyong labi