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Law on Obligation > Chapter 2 - Nature amd Effect of Obligations > Flashcards

Chapter 2 - Nature amd Effect of Obligations Flashcards

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1
Q

Particularly designate or physically segregated from others of the same class.

A

Specific or Determinate

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2
Q

Only to class or genus to which it pertains and cannot be pointed out with particularity.

A

Generic or Indeterminate

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3
Q

Spontaneous products of the soil and the young and other products of animals.

A

Natural fruits

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4
Q

Produced by lands of any cultivation or labor.

A

Industrial fruits

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5
Q

Those derived by virtue of juridical relation.

A

Civil fruits

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6
Q

The birth of the contract or tot the meeting of the minds between the parties.

A

Perfection of the Contract

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7
Q

Upon the fulfillment of the condition or arrival of the term.

A

Subject to Suspensive Condition

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8
Q

Where the price has been paid; all fruits shall pertain to the vendee from the day on which the contract was perfected

A

Contract of sale

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9
Q

The right of Creditor to demand from Debtor the fulfillment of the latter’s obligation to give, to do, or not to do; Enforceable against another person.

Prior to Delivery

A

Personal Right

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10
Q

The right or interest of a person over a specific thing, without a passive subject individually determined against whom such right may be personally enforced; Enforceable against the whole world

After Delivery

A

Real Right

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11
Q

Obligation to deliver a determinate thing.

A

Specific Real Obligation

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12
Q

Can be performed by a third person since the object is expressed only according to its family or genus.

A

Generic Real Obligation

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13
Q

The fruits of a thing or additions to or improvements upon a thing (the principal)

A

Accessions

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14
Q

Things joined to or included with the principal thing.

A

Accessories

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15
Q

The failure to perform an obligation on time.

A

Ordinary Delay

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16
Q

Failure to perform an obligation on time which failure constitutes a breach of the obligation.

A

Legal Delay (default or mora)

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17
Q

Delay on the part of the DEBTOR to fulfill his obligation

A

Mora solvendi

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18
Q

Delay on the part of the CREDITOR to accept the performance of the obligation

A

Mora accipiendi

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19
Q

Delay of the obligors in reciprocal obligations (like in sale)

A

Compensatio morae

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20
Q

Deliberate intentional evasion of the faithful fulfillment of an obligation.

A

Fraud (deceit or dolo)

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21
Q

Committed in the performance of an obligation already existing ; Giving rise to the right to demand damages ; Valid

A

Incidental Fraud (Dolo Incidente)

22
Q

Employed in the execution of contract in order to secure consent ; Vitiating consent / Obtaining consent ; Voidable

A

Causal Fraud (Dolo Causante)

23
Q

Voluntary act or omission of diligence, there being no malice, which prevents the normal fulfillment of an obligation.

A

Negligence (fault or culpa)

24
Q

Default or tardiness in the performance of an obligation after it has been due and demandable

A

Delay (mora)

25
Q

Violation of terms and conditions stipulated in the obligation; this must not be due to a fortuitous event or force majeure.

A

Contravention of the terms of the obligation

26
Q

Waiver of an action is VOID (no effect, as if there is no waiver) as being against the law and public policy.

A

Future Fraud

27
Q

VALID waiver because it can be considered as an act of generosity and magnanimity on the part of the victim of the fraud.

A

Past Fraud

28
Q

Negligence in contracts resulting in their breach.

A

Contractual Negligence (Culpa Contractual)

29
Q

Negligence which by itself is the source of an obligation between the parties not sorelated before by any pre-existing contract.

A

Civil Negligence (Culpa Aquiliana)

30
Q

Negligence resulting in the commission of a crime.

A

Criminal Negligence (Culpa Criminal)

31
Q

The failure to observe for the protection of the interests of another person, whereby such other person suffers injury.

A

Fault or Negligence

32
Q

Damages for which the obligor who acted in GOOD FAITH is liable shall be those that are the _______ ___ ________ ____________.

A

NATURAL AND PROBABLE CONSEQUENCES.

33
Q

In case of fraud, BAD FAITH, malice or wanton attitude, the obligor shall be responsible for ___ _______.

A

ALL DAMAGES

34
Q

MENTAL

A

Moral, Exemplary, Nominal, Temperate, Actual, Liquidated

35
Q

The attention and care required of a person in a given situation.

A

Diligence

36
Q

An occurrence or happening which could not be foreseen or even if foreseen, is inevitable; absolutely independent of human intervention; act of God.

A

Fortuitous Event

37
Q

An event caused by the legitimate or illegitimate acts of persons other than the obligor; there is human intervention.

A

Force Majeure

38
Q

Event independent of the will of the obligor but not of other human wills.

A

Acts of man

39
Q

Majeure or those events which are totally independent of the will of every human being.

A

majeure or those events which are totally independent of the will of every human being.

40
Q

Could reasonably foresee (e.g., rain)

A

Ordinary Fortuitous Events

41
Q

Could not have reasonably foreseen (e.g., earthquake, fire, war)

A

Extra-ordinary Fortuitous Events

42
Q

Contract whereby one of the parties delivers to another, money or other consumable thing.

A

Simple Loan or Mutuum

43
Q

Contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, etc.

A

Usury

44
Q

The inference of a fact not actually known arising from its usual connection with another which known or proved.

A

Presumption

45
Q

Act or process of conducting from evidence or premises.

A

Inference

46
Q

One which cannot be contradicted, like the presumption that everyone is conclusively presumed to know the law.

A

Conclusive Presumption

47
Q

One which can be contradicted by presenting proof to the contrary.

A

Disputable (or rebuttable) Presumption

48
Q

A creditor can issue a demand letter to the debtor. If the debtor still does not comply, the creditor can file a lawsuit for specific performance to compel the delivery of a specific item or seek collection of a sum of money owed.

A

Exact fulfillment (specific performance)

49
Q

If the debtor continues to refuse payment after the first remedy, the creditor can pursue the debtor’s leviable properties.

A

Pursue the leviable property of the debtor

50
Q

Ask the court to rescind or impugn acts or contracts

A

Accion Subrogatoria

51
Q

Ask the court to cancel contracts entered into by the debtor with third persons

A

Accion Pauliana

Law on Obligation (14 decks)

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