Chapter 1 Flashcards
An obligation is a juridicial necessity to give, to do, or not to do.
Art. 1156
An obligation is a juridicial necessity to give, to do, or not to do.
Art. 1156
A claim or title to an interest in anything whatsoever that is enforceable by law.
Right
Is a power, privilege, or immunity guaranteed under a constitution, statute or decisional law, or recognized as a result of long usage, constitutive of a legally enforceable claim of one person against the other.
Right
For every ___ enjoyed by any person, there is a corresponding ___ on the part of another person to respect such ___.
Right-obligation-right
A person who may demand from another the observance of a determinative conduct.
Creditor
A person who is obliged to give, to do, or not to do.
Debtor
Is one by which a party sues another for tge enforcement or protection of a right.
Civil action
Is the act or omission by which a party violates a right of another
Cause of action
Contains written statements alleging the plaintiff’s claim or cause or causes of action.
Complaint
What are the 3 elements of cause of action
Legal right of the plaintiff, obligation of the defendant, act or omission of the defendant of said legal right
Is the party who brings a civil suit in a court of law.
Plaintiff
A person sued in a civil proceeding
Defendant
Oblivation of the debtor or obligor to deliver a thing, movable or immovable, to the creditor or obligee for the purpose of transferring ownership or for the use or possession of the recipient.
Real obligation (obligation to give)
2 kinds of real obligation
Determinate (specific real obligation), indeterminate (generic real obligation)
The obligation of the debtor to deliver a determinate or specific things to the creditor or obligee.
Determinate or specific real obligation
The obligation of the debtor to deliver a generic thing to the creditor.
Indeterminate or generic real obligation
What are the 2 types of personal obligation
Obligation to do or the positive personal obligation, and the obligation not to do or the negative personal obligation
This is the obligation of the debtor not to perform some act in favor of the creditor.
Negative personal obligation or obligation not to do
This is the obligation of the debtor to perform some work or service to the creditor.
Positive personal obligation or obligation to do
What are the 4 essential elements of an obligation
Passive subject or debtor, active subject or creditor, object, and the juridical or legal tie or efficient cause or vinculum juris
The person from whom the obligation is juridically demandable
Passive subject or debtor
The person who has the right to demand the fulfilment of the obligation.
Active subject or the creditor
Ut is the fact, prestation, or service.
Object
It is which creates the relation between the passive subject or obligor and the active subject or obligee.
Juridical or legal tie or efficient cause or vinculum juris
According to Art. 1157., obligations arise from (5)
Law, contract, quasi contracts, acts or omissions punished by law, quasi delicts
What article is the labor code
Art. 100
Not a source of a legalky demandable or enforceable right.
Practice or custom
A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.
Law
RA. 623 SEC 2
Unlawful for any person without written consent to use such packaging for the purpose of sale
Ra 623 sec 6
There is an exemption for the small scale manufacturer who do not have the capacity to buy brand new containers such as manufacturers of sisi, bagoong, patis, etc.
Is a meeting of minds between two persons whereby on binds himself, woth respect to the other, to give something or to render some service.
Contract
What are the 3 stages of contracts
Negotiation or preparation, perfection, and consummation
Covers the period from the time the prospective contracting parties indicate interest in the contract to the time the contract is concluded.
Negotiation or preparation
Takes place upon the concurrence of the essential elements thereof.
Perfection
Takes place upon the concurrence of the essential elements thereof.
Perfection
Begins when the parties perform their respecticw undertakings under the contraxt culminating in the extinguishment thereof.
Consummation
What article provides that obligations arisinv from contracts have the force of law between the contracting parties and should be complied with in good faith.
Article 1159
Negligence in the performance of a contract
Culpa contractual
What is the meanibg of quasi
As if
No one shall be unjustly enriched or benefited at the expense of another
Quasi-contract
What are the 2 conditions of article 22 to declare that a person has unjustly enriched himself
A person is unjustly benefited and such benefit is derived at the expense of another
What are the 3 kinds of quasi contracts
Negotiorum gestio
Solutio indebiti
Other quasi contracts
What are the 3 kinds of quasi contracts
Negotiorum gestio
Solutio indebiti
Other quasi contracts
Voluntarily takes charge of the agency, management, business, or property of another without any power from the latter.
Negotiorum gestio
If something is received when there is no right to demand it. It was undully delivered through mistake, the obligation to return it arises.
Solutio indebiti
What article states that any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter
Article 2175
What is a violation of the law especially a wrongful act or omission.
Delict or acts or omissions punished by law
What are the 3 civil liabilities in delict
Restitution
Reparation of the damage caused
Indemnification for consequential damage
Honest belief, absence of malicw, and absence of fraud
Good faith
