CHAPTER 1 - GENERAL PROVISION

Question 1

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

Answer 1

OBLIGATION (ARTICLE 1156)

Question 2

the possessor of a right; he in whose favor the obligation is constituted.

Answer 2

ACTIVE SUBJECT

Question 3

ACTIVE SUBJECT

Answer 3

OBLIGEE or CREDITOR

Question 4

He who has the duty of giving, doing, or not doing;

Answer 4

PASSIIVE SUBJECT

Question 5

PASSIVE SUBJECT

Answer 5

OBLIGOR or DEBTOR

Question 6

the subject matter of the obligation.

Answer 6

OBJECT or PRESTATION

Question 7

the reason why the obligation exists.

Answer 7

EFFICIENT CAUSE

Question 8

EFFICIENT CAUSE

Answer 8

VINCULUM or JURIDICAL TIE

Question 9

like the duty to pay taxes or to support one’s family.

Answer 9

LAW

Question 10

like the duty to repay the loan by virtue of an agreement.

Answer 10

CONTRACTS

Question 11

ike the duty to refund an over-change of money because of the quasi-contract of solution indebiti or “undue payment.”

Answer 11

QUASI-CONTRACTS

Question 12

like the duty to return a stolen carabao.

Answer 12

CRIMES OR ACTS OR OMMISSIONS PUNSIHED BY LAW

Question 13

like the duty to indemnify a person who suffered damages because your acts or negligence, without criminal intent or pre-existing obligation.

Answer 13

QUASI DELICTS OR TORTS

Question 14

Only those expressly determined in this code or by special laws are demandable, and shall be regulated by precepts of law which established them; and as to what has not been foreseen, by the provisions of this book.

Answer 14

OBLIGATION DERIVED FROM LAW ARE NOT PRESUMED (LAW)

Question 15

Obligations arising from contracts have the full force of law between the contracting parties and should be complied with in [..]

Answer 15

GOOD FAITH (CONTRACT)

Question 16

It is the is that juridical relation resulting from a lawful, voluntary, and unilateral act, and which has for its purpose the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another

Answer 16

QUASI-CONTRACTS

Question 17

2 KINDS OF QUASI-CONTRACTS

Answer 17

NEGOTIORIUM GESTIO and SOLUTIO INDEBITI

Question 18

This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority (Article 2144). Reimbursement must be made to the gestor for necessary and useful expenses, as a rule.

Answer 18

NEGOTIORIUM GESTIO

Question 19

This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake. The recipient has the duty to return it.

Answer 19

SOLUTIO INDEBITI

Question 20

Every person criminally liable for a felony is also civilly liable. (Article 100, Revised Penal Code)

Answer 20

CRIMES/DELICT

Question 21

One which causes damage to another, there being fault or negligence, but there is no pre-existing contractual relation between the parties.

Answer 21

QUASI DELICT OR CULPA AQUILIANA

Question 22

3 CLASSIFICATION OF OBLIGATIONS IN GENERAL (FROM THE “SANCTION”)

Answer 22

CIVIL OBLIGATION, NATURAL OBLIGATION AND MORAL OBLIGATION

Question 23

that defined in Article 1156. The sanction is judicial process.

Answer 23

CIVIL OBLIGATION

Question 24

the duty not to recover what has voluntarily been paid although payment was no longer required. The sanction is law but only because conscience had originally motivated the payment.

Answer 24

NATURAL OBLIGATION

Question 25

the duty of the Catholic to hear mass on Sundays and holy days of obligations. The sanction here is conscience or morality, or the law of the church.

Answer 25

MORAL OBLIGATION

Question 26

the obligation to give.

Answer 26

REAL OBLIGATION

Question 27

the obligation to do or not to do.

Answer 27

PERSONAL OBLIGATION

Question 28

the obligation to give or to do.

Answer 28

POSITIVE OR AFFIRMATIVE OBLIGATION

Question 29

the obligation not to do.

Answer 29

NEGATIVE OBLIGATION

Question 30

where only one of the parties is bound.

Answer 30

UNILATERAL

Question 31

where both parties are bound

Answer 31

BILATERAL

Question 32

THE PRESTATION IN AN OBLIGATION

Answer 32

1.) To give (real obligation)
2.) To do (positive personal obligation)
3.) Not to do (negative personal obligation)

Question 33

refers to (res or thing) if what is to be given is specific or particularly designated from all others or the same class

Answer 33

REAL DETERMINATE OBLIGATION

Question 34

if object is designated merely by its class or genus,

Answer 34

REAL GENETIC OBLIGATION