Chapter 1 - General Provisions Flashcards
In Latin word “obligatio” - tying or binding.
Tie or bond recognized by law by virtue of which one is bound in favor of another to render something – giving a thing, doing a certain act, or not doing a certain act.
Obligation
Juridical tie; connotes that in case of noncompliance, there will be legal sanctions.
Juridical Necessity
The sum of money as compensation for the harm suffered by the CREDITOR OR OBLIGEE for the violation of his rights.
Damages
_______ is the compensation while the ______ is the harm done to a party.
Damages ; Damage
Obligation which give to the Creditor or Obligee a right under the law to enforce their performance in courts of justice.
CIVIL OBLIGATION
Obligation not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance.
NATURAL OBLIGATION
Who is bound to the fulfillment of the obligation; he who has a duty.
Passive Subject / Debtor / Obligor
Who is entitled to demand the fulfillment of the obligation; he who has a right.
Active Subject / Creditor / Obligee
The conduct required to be observed by the debtor.
Object or Prestation / Subject Matter of the Obligation
Which binds or connects the parties. Knowing the source of the obligation.
Juridical or Legal Tie / Efficient Cause
6 years
Oral
10 years
Writing
It is an act or performance which the law will enforce.
Obligation
The power which a person under the law, to demand from another any prestation.
Right
It is act or omission of one part in violation of the legal right.
Injury, wrongful violation of the legal right.
Wrong (cause of action)
Right in favor of a CREDITOR
Legal Right
On the part of the DEBTOR; to respect or not to violate said right.
Correlative Legal Obligation
By the DEBTOR in violation of said right with resulting injury or damage to the CREDITOR.
Act or Omission
(to give) the subject matter is a thing which the obligor must deliver to the obligee.
REAL OBLIGATION
(to do or not to do) the subject matter is an act to be done or not to be done.
PERSONAL OBLIGATION
Personal Obligation (to do) to render service.
POSITIVE PERSONAL OBLIGATION
Personal Obligation (not to do / no to give)
NEGATIVE PERSONAL OBLIGATION
In case of CONTRACTS and QUASI-CONTRACT.
Licit Acts
Punishable in the case of DELICTS or CRIMES, or not punishable in the case of QUASI-DELICTS or TORTS.
Illicit Acts
It is imposed by law itself.
Law
Arise from the stipulation of the parties
Contract
Arising from contracts have the force of law between the contracting parties
Binding Force
Valid if it is not contrary to law, morals, good customs, and public policy.
Requirement of a Valid Contract
Takes place when a party fails or refuses to comply.
Breach of Contract
Performance in accordance with the stipulations or terms of the contract.
Compliance in Good Faith
Non-compliance by a party with his legitimate obligations after receiving the benefits of a contract.
Unjust Enrichment
Juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which, both parties become bound to each other, to the end that no one will be unjustly enriched or benefited at the expense of the other.
Quasi-contracts
Which takes place when somebody voluntarily manages the property affairs of another without the knowledge or consent of the latter.
Negotiorum Gestio
Something is received when there is no right to demand it and it was unduly delivered through mistake.
Solutio Indebiti
When they arise from civil liability - consequence of a criminal offense.
Crimes / Acts / Omissions punished by Law
The commission of a crime causes not only moral evil but also material damage.
Civil Liability in ADDITION to Criminal Liability
No material damage, no civil liability to be enforced.
Criminal Liability W/O Civil Liability
A person not criminally responsible may still be liable civilly.
Civil Liability W/O Criminal Liability
Restoration of property previously taken away; the thing itself shall be restored
Restitution
Court determines the amount of damage: price of a thing, sentimental value, etc.
Reparation
Includes damages suffered by the family of the injured party or by a third person by reason of the crime.
Indemnification
An act or omission by a person which causes damage to another giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between parties.
Quasi-delict
