Chapter 2 - Nature amd Effect of Obligations Flashcards
Particularly designate or physically segregated from others of the same class.
Specific or Determinate
Only to class or genus to which it pertains and cannot be pointed out with particularity.
Generic or Indeterminate
Spontaneous products of the soil and the young and other products of animals.
Natural fruits
Produced by lands of any cultivation or labor.
Industrial fruits
Those derived by virtue of juridical relation.
Civil fruits
The birth of the contract or tot the meeting of the minds between the parties.
Perfection of the Contract
Upon the fulfillment of the condition or arrival of the term.
Subject to Suspensive Condition
Where the price has been paid; all fruits shall pertain to the vendee from the day on which the contract was perfected
Contract of sale
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
Personal Right
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
Real Right
Obligation to deliver a determinate thing.
Specific Real Obligation
Can be performed by a third person since the object is expressed only according to its family or genus.
Generic Real Obligation
The fruits of a thing or additions to or improvements upon a thing (the principal)
Accessions
Things joined to or included with the principal thing.
Accessories
The failure to perform an obligation on time.
Ordinary Delay
Failure to perform an obligation on time which failure constitutes a breach of the obligation.
Legal Delay (default or mora)
Delay on the part of the DEBTOR to fulfill his obligation
Mora solvendi
Delay on the part of the CREDITOR to accept the performance of the obligation
Mora accipiendi
Delay of the obligors in reciprocal obligations (like in sale)
Compensatio morae
Deliberate intentional evasion of the faithful fulfillment of an obligation.
Fraud (deceit or dolo)
Committed in the performance of an obligation already existing ; Giving rise to the right to demand damages ; Valid
Incidental Fraud (Dolo Incidente)
Employed in the execution of contract in order to secure consent ; Vitiating consent / Obtaining consent ; Voidable
Causal Fraud (Dolo Causante)
Voluntary act or omission of diligence, there being no malice, which prevents the normal fulfillment of an obligation.
Negligence (fault or culpa)
Default or tardiness in the performance of an obligation after it has been due and demandable
Delay (mora)
Violation of terms and conditions stipulated in the obligation; this must not be due to a fortuitous event or force majeure.
Contravention of the terms of the obligation
Waiver of an action is VOID (no effect, as if there is no waiver) as being against the law and public policy.
Future Fraud
VALID waiver because it can be considered as an act of generosity and magnanimity on the part of the victim of the fraud.
Past Fraud
Negligence in contracts resulting in their breach.
Contractual Negligence (Culpa Contractual)
Negligence which by itself is the source of an obligation between the parties not sorelated before by any pre-existing contract.
Civil Negligence (Culpa Aquiliana)
Negligence resulting in the commission of a crime.
Criminal Negligence (Culpa Criminal)
The failure to observe for the protection of the interests of another person, whereby such other person suffers injury.
Fault or Negligence
Damages for which the obligor who acted in GOOD FAITH is liable shall be those that are the _______ ___ ________ ____________.
NATURAL AND PROBABLE CONSEQUENCES.
In case of fraud, BAD FAITH, malice or wanton attitude, the obligor shall be responsible for ___ _______.
ALL DAMAGES
MENTAL
Moral, Exemplary, Nominal, Temperate, Actual, Liquidated
The attention and care required of a person in a given situation.
Diligence
An occurrence or happening which could not be foreseen or even if foreseen, is inevitable; absolutely independent of human intervention; act of God.
Fortuitous Event
An event caused by the legitimate or illegitimate acts of persons other than the obligor; there is human intervention.
Force Majeure
Event independent of the will of the obligor but not of other human wills.
Acts of man
Majeure or those events which are totally independent of the will of every human being.
majeure or those events which are totally independent of the will of every human being.
Could reasonably foresee (e.g., rain)
Ordinary Fortuitous Events
Could not have reasonably foreseen (e.g., earthquake, fire, war)
Extra-ordinary Fortuitous Events
Contract whereby one of the parties delivers to another, money or other consumable thing.
Simple Loan or Mutuum
Contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, etc.
Usury
The inference of a fact not actually known arising from its usual connection with another which known or proved.
Presumption
Act or process of conducting from evidence or premises.
Inference
One which cannot be contradicted, like the presumption that everyone is conclusively presumed to know the law.
Conclusive Presumption
One which can be contradicted by presenting proof to the contrary.
Disputable (or rebuttable) Presumption
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.
Exact fulfillment (specific performance)
If the debtor continues to refuse payment after the first remedy, the creditor can pursue the debtor’s leviable properties.
Pursue the leviable property of the debtor
Ask the court to rescind or impugn acts or contracts
Accion Subrogatoria
Ask the court to cancel contracts entered into by the debtor with third persons
Accion Pauliana
