ARTICLES Flashcards

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1
Q

An Obligation is a juridical necessity to give, to do or not to do. (n)

A

ARTICLE 1156

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2
Q

Obligations arise from:

A

ARTICLE 1157.

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3
Q

Obligations derived from law are not presumed. Only those expressly determined in this code or in special laws are demandable and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (1090)

A

ARTICLE 1158

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4
Q

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

A

ARTICLE 1159

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5
Q

Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII of this Book. (n)

A

ARTICLE 1160

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6
Q

Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177 and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relation, and of Title XVII of this Book, regulating damages.

A

ARTICLE 1161

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7
Q

Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws

A

ARTICLE 1162

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8
Q

Every person obliged to give something is also obliged to take care of it with the proper diligence of a food father of a family, unless the law or the stipulation of the parties requires another standard of care.

A

ARTICLE 1163

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9
Q

The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him

A

ARTICLE 1164

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10
Q

when what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery

A

ARTICLE 1165

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11
Q

The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.

A

ARTICLE 1166.

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12
Q

If a person obliged to do somethings fails to do it, the same shall be executed at his cost.

A

ARTICLE 1167

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13
Q

When the obligation consists in not doing, and the obligor does not what has been forbidden him, it shall also be undone at his expense.

A

ARTICLE 1168

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14
Q

Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.

A

ARTICLE 1169.

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15
Q

Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages.

A

ARTICLE 1170.

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16
Q

Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.

A

ARTICLE 1171

17
Q

Responsibility arising from negligence in the performance of very kind of obligation is also demandable, but such liability may be regulated by the courts according to the circumstance.

A

ARTICLE 1172

18
Q

The fault or negligence of the obligor consists in the omission of the diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply.

A

ARTICLE 1173

19
Q

Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk. No person shall be responsible for those events which could not be foreseen, were inevitable.

A

ARTICLE 1174.

20
Q

Usurious transactions shall be governed by special laws. (n)

A

ART. 1175.

21
Q

The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid

A

ARTICLE 1176

22
Q

The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them.

A

ARTICLE 1177.

23
Q

Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.

A

ARTICLE 1178