Chapter 1

Question 1

Article 1156

Answer 1

An obligation is a juridical necessity to give, to do or not to do.

Question 2

An obligation is a juridical necessity to give, to do or not to do.

Answer 2

Article 1156

Question 3

Concept of Obligations
(Sanchez Roman)

Answer 3

Juridical necessity to comply with a prestation.

Question 4

Concept of Obligations
(Manresa)

Answer 4

Legal relation established between one person and another, whereby the latter is bound to the fulfillment of a prestation which the former may demand from him.

Question 5

Civil obligation

Answer 5

Gives to the obligee or creditor the right of enforcing it against the obligor or debtor in a court of justice.

Question 6

Natural obligation

Answer 6

Cannot be enforced by court action.

Question 7

Civil obligation is based on

Answer 7

Positive law

Question 8

Natural obligation is based on

Answer 8

Equity and natural law

Question 9

Requisites of Obligations

Answer 9

(1) juridical or legal tie
-bilateral
-unilateral
(2) active subject
(3) passive subject
(4) fact, prestation or service

Question 10

As a general rule, the form of the obligation is not an essential element/requisite.
Except

Answer 10

(1) donation of personal property whose value exceeds P5,000.00
(2) sale of a piece of land or any interest therein through an agent
(3) Interests in a contract of simple loan or
mutuum
(4) antichresis, principal amount and interest be specified in writing
(5) Donation of immovable property
(6) contribution of immovable property or real rights to common fund (partnership)
(7) Chattel Mortgage
(8) sale or transfer of large cattle

Question 11

Classification of obligations (primary)

Answer 11

(1) Pure and conditional
(2) With a period
(3) Alternative and facultative
(4) Joint and solidary
(5) Divisible and indivisible
(6) With a penal clause

Question 12

Classification of obligations (secondary)

Answer 12

(1) Legal, conventional and penal
(2) Real and personal
(3) Determinate and generic
(4) Positive and negative
(5) Unilateral and bilateral
(6) Individual and collective
(7) Accessory and principal

Question 13

Classification of obligations (Sanchez Roman)
(1) As to juridical quality

Answer 13

(a) Natural
(b) Civil
(c) Mixed

Question 14

Classification of obligations (Sanchez Roman)
(2) As to parties

Answer 14

(a) Unilateral and bilateral
(b) Individual and collective

Question 15

Classification of obligations (Sanchez Roman)
(3) As to object

Answer 15

(a) Determinate and generic
(b) Simple and multiple
(c) Positive and negative
(d) Real and personal
(e) Possible and impossible
(f) Divisible and indivisible
(g) Principal and accessory

Question 16

Classification of obligations (Sanchez Roman)
(4) As to perfection and extinguishment

Answer 16

(a) Pure
(b) Conditional
(c) With a term or period
(a plazo)

Question 17

Article 1157

Answer 17

Obligations arise from:

1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts.

Question 18

Obligations arise from:

1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts.

Answer 18

Article 1157

Question 19

The addition of ______ has been criticized as theoretically erroneous.

Answer 19

law or lege

Question 20

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.

Answer 20

Article 1158

Question 21

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

Answer 21

Article 1159

Question 22

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

Answer 22

Contract

Question 23

Contracts perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all of the consequences which according to their nature maybe in keeping with good faith, usage and law.

Answer 23

Consensual contracts

Question 24

Perfected upon the delivery of the obligation such as deposit, pledge and commodatum.

Answer 24

Real contracts

Question 25

Arises from the moment of perfection of the contract.

Answer 25

Obligation

Question 26

Parties are mutually obliged to do or to give something

Answer 26

Reciprocal obligation

Question 27

Only one party (obligor) is obliged to do or to give something.

Answer 27

Unilateral obligation

Question 28

Performance in accordance with the stipulations, clauses, terms and conditions of the contract.

Answer 28

Compliance in good faith

Question 29

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

Answer 29

Article 1160

Question 30

Juridical relations arising from lawful, voluntary, and unilateral acts, by virtue which the parties become bound to each other, based on the principle that no one shall be unjustly enriched or benefited at the expense of others.

Answer 30

Quasi-contracts

Question 31

The most important of these juridical relations which are recognized and regulated by the Civil Code are ___ and ___.

Answer 31

negotiorum gestio and solutio indebiti

Question 32

The juridical relation which arises whenever a person voluntarily takes charge of the agency or management of the business or property of another without any power or authority from the latter.

Answer 32

Negotiorum gestio

Question 33

The juridical relation which arises whenever a person unduly delivers a thing through mistake to another who has no right to demand it.

Answer 33

Solutio indebiti

Question 34

Consent given by law if there is no express consent given by the other party.

Answer 34

Presumptive consent

Question 35

gives rise to multiple juridical relations resulting in obligations for delivery of the thing and rendering of service.

Answer 35

Presumptive consent

Question 36

Civil obligations arising from 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 Relations, and of Title XVIII of this Book, regulating damages.

Answer 36

Article 1161

Question 37

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

Answer 37

Article 1162

Question 38

The fault or negligence of a person, who, by his act or omission, connected or unconnected with, but independent from, any contractual relation, causes damage to another person.

Answer 38

Quasi-delicts