CE LAW (1st Quiz) Contracts and Obligation Flashcards

1
Q

a juridical necessity to give, to do or not to do

A

Obligation

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2
Q

derived from the Latin word _____, which means to bind through giving , doing or not doing something.

A

“ OBLIGARE “

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3
Q

because the rights and duties emanating from the obligation may be enforced by the courts of law which may order their performance if refused or neglected.

A

A juridical necessity

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4
Q

The obligation to give is in essence a real obligation because a physical thing is involved, the delivery of the same extinguishes the obligation.

A

“ to give , to do or not to do “

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5
Q

is the moral or legal duty that requires an individual to perform , as well as potential penalties to perform. An obligation is a duty to do what is imposed by contract, promise or law.

A

Obligation

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6
Q

The prestation to do or not to do are _______, , like to draw a plan of a house ( positive one ) or not to draw a plan ( a negative one).

A

personal obligations

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7
Q

An obligation is nothing more than the duty of a person

A

Obligor

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8
Q

satisfy a specific demandable claim of another person, which, if breached is enforceable in court

A

obligee

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9
Q

obligation has four (4) essential requisites namely

A
  1. Juridical Tie or Vinculum
  2. Prestation
  3. Active Subject
  4. Passive Subject
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10
Q

is the link that bind the parties

A

Juridical Tie or Vinculum

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11
Q

which is the giving, doing, or not doing of something

A

Prestation

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12
Q

which is the person who holds the right to demand the prestation

A

Active Subject

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13
Q

which is the person against whom the prestation maybe demanded

A

Passive Subject

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14
Q

Article 1157 of the Civil Code enumerates the sources of OBLIGATIONS namely;

A

a) Obligations arising from LAW
b) Obligations arising from CONTRACTS
c) Obligations arising from QUASI-CONTRACTS
d) ACTS OF OMISSIONS PUNISHABLE BY LAW
e) QUASI-DELICTS

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15
Q

This kind of Obligation is dictated by Law like the obligation of husband and wife to live with each other, observe mutual respect and fidelity and render mutual support.

A

Obligation arising from LAW

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16
Q

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

A

Obligation arising from CONTRACTS

17
Q

When duly entered into, the obligation from Contract have the full force of the law between the parties, hence should be complied with __________

A

in good faith.

18
Q

is a legally binding agreement between two or more parties. Once signed, this contractual agreement creates a promise that certain rights and obligations will be fulfilled by each party.

19
Q

__________ is at the heart of every contract.

20
Q

promise or arrangement between two or more parties to do , or not to do, something, Its usually informal and sometimes unwritten( but not always ).

A

An agreement

21
Q

Agreements like these are based on _____
aren’t legally enforceable in court or with arbitration – so if one party doesn’t do what they’ve said they will ( for example if the contractor or volunteer don’t turn up), the other party likely can’t seek a remedy or enforcement through the courts.

22
Q

Law defines a contract as

A

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

23
Q

Every contract passes through three(3) distinct stages:

A

a) Preparation or conception,
b) Perfection or birth
c) Consumation or termination.

24
Q

starts from the inception and negotiation that may lead to the parties coming to the terms of the contract

A

Preparation Stage

25
marks the time the parties agree upon the object or subject matter and may cause or consideration of the contract.
Second stage ; Perfection or birth
26
simply the implementation of the terms of the contract and simultaneous documentation in formal ones.
Consumation or termination.
27
There is no Contract unless the following elements are present ,namely ;
1. ) Consent of the Contracting parties 2) Object Certain which is the subject matter of the Contract. 3) Cause of Obligation which is established
28
is the conformity of wills of the contracting parties upon the object and cause as well as the other terms and conditions of the contract.
Consent of the contracting parties
29
which is the subject matter of the contract All things which are within the commerce of man…
Object Certain
30
which is established
Cause of the Obligation
31
Is one that was entered into legally by the contracting parties but has resulted in economic damage to one of the parties or an outside party.
RESCISSIBLE CONTRACTS
32
capable of being rescinded
Rescissible ( adjective)
33
cancellation of a contract ; terminated
Rescinded
34
Obligation is the moral or legal duty that requires an individual to perform , as well as potential penalties to perform. An obligation is a duty to do what is imposed by contract, promise or law. In the most general sense a _____ is a synonym of OBLIGATION…
duty
35
Article_____of the Civil Code enumerates the sources of OBLIGATIONS namely; a) Obligations arising from LAW b) Obligations arising from CONTRACTS c) Obligations arising from QUASI-CONTRACTS d) ACTS OF OMISSIONS PUNISHABLE BY LAW e) QUASI-DELICTS
Article 1157
36
A contract is the meeting of minds between two persons , whereby one binds himself with respect to the other to ____________
give something or render some services
37
In essence, a _________ is at the heart of every contract.
promise
38
An _________is a promise or arrangement between two or more parties to do , or not to do, something, Its usually ____________________
Agreement, informal and sometimes unwritten
39