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Oblicon > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

what is the tie or bond recognized by law by virtue of which one is bound in favor of another to render something?

A

Obligation

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2
Q

the latin for obligation

A

Obligatio

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3
Q

what article gives the Civil Code definition of obligation, in its passive aspect?

A

Article 1156

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4
Q

obligation is a _______ because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment

A

Juridicial necessity

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5
Q

obligations which give to the creditor/obligee a right to enforce their performance

A

Civil obligations

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6
Q

obligations that do not grant a right of action to enforce their performance

A

Natural obligations

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7
Q

He who has a duty

A

Passive subject

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8
Q

He who has a right

A

Active subject

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9
Q

the conduct required to be observed by the debtor

A

Object/Prestation

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10
Q

binds or connects the parties to the obligation

A

Juridicial/legal tie

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11
Q

refers to the manner in which an obligation is manifested or incurred

A

Form of an obligation

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12
Q

act of performance

A

Obligation

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13
Q

power to demand from another any prestation

A

Right

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14
Q

act/omission of one party in violation of legal right

A

Wrong

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15
Q

wrongful violation of legal right of another

A

Injury

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16
Q

the three essential elements of a legal wrong or injury are:

A

Legal right in favor of a person

Correlative legal obligation on part of another

An act or omission by latter in violation of right with resulting injury or damage to former

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17
Q

kind of obligation that the obligor must deliver to the obligee

A

Real obligation

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18
Q

an act to be done or not to be done

A

Personal obligation

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19
Q

personal obligation that is to do or to render service

A

Positive personal obligation

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20
Q

personal obligation that is an obligation not to do

A

Negative personal obligation

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21
Q

in Article 1157, obligations arise from the five:

A

Law, contracts, quasi-contracts, crime, quasi-delicts

22
Q

imposed by law itself

A

Law

23
Q

stipulation of parties

A

Contracts

24
Q

lawful, voluntary, and unilateral acts; no one shall be unjustly enriched/ benefited at the expense of another

A

Quasi-contracts

25
Q

civil liability (consequence of a criminal offense)

A

Crime/acts/omissions punished by law

26
Q

damage caused to another through an act or omission

A

Quasi-delicts/torts

27
Q

case of contracts and quasi-contracts

A

Licit acts

28
Q

punishable: delicts or crime; not punishable: quasi-delicts or torts

A

Illicit acts

29
Q

article that states obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable

A

Article 1158

30
Q

article that refers to legal obligations or obligations arising from law.

A

Article 1168

31
Q

under article 1158, ______ refer to all other laws not contained in the Civil Code

A

Special laws

32
Q

article that states obligations arising from contracts have the force of the law between the contracting parties and should be complied with in good faith

A

Article 1159

33
Q

meeting between 2 or more persons whereby one binds himself, with respect to the other, to give or render something

A

Contract

34
Q

obligations arising from contracts have force of law

A

Binding force

35
Q

valid if it is not contrary to law

A

Requirement of a valid contract

36
Q

when a party fails or refuses to comply, without legal reason or justification, with his obligation under the contract as promised.

A

Breach of contract

37
Q

compliance or performance in accordance with the stipulations or terms of the contract or agreement.

A

Compliance of good faith

38
Q

article that states obligations derived from quasi-contracts shall be subject to the provisions of Chapter 2, Title XVII of the book

A

Article 1160

39
Q

juridicial relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another

A

Quasi-contract

40
Q

kind of quasi-contract that is a voluntary management of the property of affairs of another without the knowledge or consent of the latter

A

Negotorium gestio

41
Q

juridicial relation which is created when something is received when there is no right to demand and it was unduly delivered through mistake

A

Solutio Indebiti

42
Q

Solutio Indebiti requisites are:

A

No right to receive the thing delivered

Thing was delivered through mistake

43
Q

article that states civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and the pertinent provisions of chapter 2

A

Article 1161

44
Q

every person criminally liable for an act or omission is also civilly liable for damages offered by the aggrieved party

A

Civil liability in addition to criminal liability

45
Q

in crimes that do not cause material damage, there is no civil liability to be enforced

A

Criminal liability without civil liability

46
Q

a person not criminally responsible may still be liable civilly

A

Civil liability without criminal liability

47
Q

civil liability includes:

A

Restitution,

reparation for the damage caused,

indemnification for consequential damages

48
Q

article that states obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVIl of this Book, and by special laws.

A

Article 1162

49
Q

an act or omission by a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done

A

Quasi-delict

50
Q

requisites for quasi-delict:

A

There must be:

  1. an act or omission;
  2. fault or negligence;
  3. damage caused;
  4. direct relation or connection of cause and effect between the act or omission and the damage; and
  5. no pre-existing contractual relation between the parties

Oblicon (1 decks)

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