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LAW ON OBLIGATIONS > CHAPTER 2 - NATURE AND EFFECTS OF OBLIGATION (ART. 1163-1178) > Flashcards

CHAPTER 2 - NATURE AND EFFECTS OF OBLIGATION (ART. 1163-1178) Flashcards

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1
Q

What kind of thing when it is particularly designated or physically segregated from all others of the same class (Art. 1460)

A

Determinate or Specific Thing

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2
Q

What kind of thing when it is not particularly designated or physically segregated from all others of the same class

A

Indeterminate or Generic Thing

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3
Q

Determine what kind of things are the ff:

  1. 2020 Toyota Fortuner with engine no. 234567, body no. 123456, and plate no. URV 123
  2. My only wristwatch
  3. A horse
  4. A 1,000
  5. The house located at 123 Moret Sreet, Sampaloc, Manila
A
  1. Determinate Thing
  2. Determinate Thing
  3. Indeterminate Thing
  4. Indeterminate Thing
  5. Determinate Thing
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4
Q

General Rule of a Determinate Thing

A

As a rule, the loss of a determinate thing through a fortuitous event extinguishes the obligation (Art. 1262)

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5
Q

Rule when there is a loss of a generic thing through a fortuitous event

A

It doesn’t extinguish the obligation

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6
Q

What rule does when the loss of a generic thing through a fortuitous event does not extinguish the obligation follows?

A

Genus of a thing can never perish

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7
Q

An event which cannot be foreseen, or which though foreseen, is inevitable

A

Fortuitous Event

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8
Q

Two Kinds of Acts in Fortuitous Event

A

Acts of God; Acts of Man

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9
Q

Fortuitous event by natural calamities or occurrences such as earthquake, typhoon, lightning, flood

A

Acts of God

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10
Q

Fortuitous event by war, armed robbery, riots

A

Acts of Man

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11
Q

When does extinguishment of obligation from fortuitous events only arises?

A

When it covers specific thing

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12
Q

Elements of a Fortuitous Event

A

a. The cause must be independent of the debtor’s will
b. There must be impossibility of foreseeing the event or of avoiding it even if it can be foreseen
c. The occurrence of the event must be of such character as to render it impossible for the debtor to perform his obligation in a normal manner.

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13
Q

What are the exceptions through fortuitous events?

A

a. When the law expressly provides for liability even in case of fortuitous events
b. When there is bad faith, if there is bad faith, obligor/ debtor is still liable
c. Agreed upon by the parties, the parties have agreed that even if there is a lost due to fortuitous event the obligation will continue.
d. The obligation requires the assumption of risk (insurance)

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14
Q

The ordinary care that an average person exercise in taking care of his family

A

Diligence of a good father of a family

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15
Q

Other term for Diligence of a good father of a family

A

Care

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16
Q

General Rule in the Diligence of a good father of a family

A

To take good care of the thing with the diligence of a good father of a family

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17
Q

Exceptions for Diligence of a good father of a family

A
  1. Law requires another standard of care
  2. The agreement of the parties requires another standard of care.
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18
Q

This involves placing the thing in the possession or control of the creditor either actually or constructively

A

To deliver the thing

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19
Q

What are the two kinds of delivery?

A
  1. Actual Delivery
  2. Constructive Delivery
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20
Q

The act of giving real and immediate possession to the creditor

A

Actual Delivery

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21
Q

An act that amounts to a transfer of title by operation of law when actual transfer is impractical or impossible

A

Constructive Delivery

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22
Q

What are the three kinds of fruits?

A

Natural fruits, industrial fruits and civil fruits,

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23
Q

They are the spontaneous products of the soil and the young and other products of animals. (Art 442)

A

Natural Fruits

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24
Q

They refer to those produced by land of any kind through cultivation or labor ( Art. 442)

A

Industrial Fruits

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25
Q
A
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26
Q

Refer to fruits which are the result of a juridical relation (Art. 442)

A

Civil Fruits

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27
Q

When does the creditor has the rights to the fruits of a determinate thing?

A

From the time the obligation to deliver it arises.

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28
Q

Exception to the rule when the creditor has a right to the fruits if the thing

A

He shall acquire no real right over it until the thing has been delivered to him (Art. 1164)

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29
Q

One whose performance is not subject to a suspensive period or suspensive condition, the obligation to deliver arises from perfection.

A

Pure Obligation

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30
Q

Obligations that are immediately demandable

A

Pure Obligation

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31
Q

A period, the arrival of which will give rise to an obligation

A

Suspensive Period

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32
Q

Other term for suspensive period

A

Ex-die

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33
Q

A condition, the happening of which will extinguish the obligation

A

Resolutory Condition

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34
Q

Other term for resolutory condition

A

In diem

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35
Q

What kind of suspensive where D is obliged to give C a specific car on Christmas day next year

A

Suspensive Period

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36
Q

What kind of suspensive where D is obliged to give C a specific car if C passes the CPA Examination

A

Suspensive Condition

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37
Q

This is a right that may be enforced by one person on another such as the right of the creditor to demand the delivery of the thing and its fruits from the debtor

A

Personal right

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38
Q

What is jus in personam or jus ad rem

A

Personal Right

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39
Q

This refers to the right or power over a specific thing, such as possession or ownership, which is a right enforceable against the whole world

A

Real right

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40
Q

What is jus in re

A

Real Right

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41
Q

This is the right acquired by the creditor over the thing and its fruits when they have been delivered to him

A

Real right

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42
Q

They include everything that is produced by a thing or is incorporated or attached thereto, either naturally or artificially (Art. 440)

A

Accessions

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43
Q

Those joined to or included with the principal thing for the latter’s better use, perfection or enjoyment

A

Accessories

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44
Q

What is the Principle of principal and accessory?

A

The accessory follows the principal

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45
Q

Remedies of the creditor if the debtor fails to perform his obligation to deliver a determinate thing

A

a. To compel the debtor to make the delivery (Art.1165)
b. To demand damages from the debtor (Art. 1170)

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46
Q

Situation: D is obliged to give C a specific car. On due date, C demands delivery but D does not deliver. What are the available remedies of the creditor?

A

C can compel D to deliver the car
C can also demand payment of damages from D

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47
Q

Remedies of the creditor if the debtor fails to perform his obligation to deliver a generic thing

A

a. To ask that the obligation be complied with at the expense of the debtor (Art. 1165)
b. To demand the payment of damages from the debtor (Art. 1170)

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48
Q

Situation: D is obliged to deliver 5 sacks of rice to C. D does not perform his obligation on due date upon C’s demand.

A

C can obtain 5 sacks of rice from other sources at the expense of D
C can also ask for damages from D

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49
Q

Violations of the terms and conditions of the obligation

A

Contravention of the tenor of the obligation

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50
Q

Remedies of the creditor if the debtor fails to perform his obligation in obligations to do (positive personal obligation)

a. If the debtor fails to perform the obligation or performs it but contravenes the tenor thereof

What are the remedies of the creditor?

A

Creditor may have the obligation executed at the expense of the debtor (Art. 1167)
He may also demand damages from the debtor (Art. 1170)

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51
Q

Situation: D is obliged to construct a hollow block fence for C. By agreement, the fence will be 2 meters high and 10 meters long, fine finished and painted. D does not perform his obligation upon C’s demand. What are the remedies of the creditor?

A

C can ask another person to, or he himself may, construct the fence at the expense of D
C can also ask for damages from D

52
Q

Remedies of the creditor if the debtor fails to perform his obligation in obligations to do (positive personal obligation)

b. If the debtor performs the obligation but does it poorly

What are the remedies of the creditor?

A

Creditor may have the same be undone at debtor’s expense (Art. 1167)
Creditor may also demand damages from the debtor (Art. 1170)

53
Q

Situation: D is obliged to construct a hollow block fence for C. By agreement, the fence will be 2 meters high and 10 meters long, fine-finished and painted. D constructs the fence following the measurements but it was not properly aligned, the finishing was rough, and materials used were substandard. What are the remedies of the creditor?

A

C can have the fence be demolished by another person or even by himself at D’s expense
C can also demand damages from D

54
Q

Remedies of the creditor if the debtor does what has been forbidden him (not to do – negative personal obligations)

A

a. The creditor may demand that what has been done be undone at debtor’s expense (Art 1168)
b. He may also demand damages from the debtor (Art. 1170)

55
Q

Situation: B bought a farm lot from S. However, the only access from the road to B’s lot is the lot of D. B entered into a contract with D for a right of way over a period of 10 years and paid a sum therefor. It was agreed that for the duration of the contract, D would not construct any fence between B’s lot and his. Sometime thereafter, however, D constructed a fence in violation of the agreement. What are the remedies of the creditor?

A

B may demand that D remove the fence at D’s expense
B can also demand damages from D

56
Q

Refers to the wrongful, unlawful or tortuous act which causes loss or harm to another. (cause of damage)

A

Injury

57
Q

Is the hurt, loss or harm which results from the injury (effect of injury)

A

Damage

58
Q

Are the recompense or compensation awarded for the damage suffered

A

Damages

59
Q

Consisting of money, measured in money or relating to money

A

Pecuniary

60
Q

These refer to the pecuniary loss that may be recovered. They include the value of the loss suffered and profits not realized. (Art. 2199)

A

Actual or compensatory damages

61
Q

They include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. (Art. 2217)

A

Moral Damages

62
Q

They refer to damages to vindicate a right (Art. 2221)

A

Nominal Damages

63
Q

They are more than nominal but less than compensatory damages, but may be recovered if the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty (Art. 2224)

A

Temperate or moderate damages

64
Q

Those agreed upon by the parties to a contract to be paid in case of breach (Art. 2226)

A

Liquidated Damages

65
Q

These are imposed by way of example or correction for public good, in addition to the moral, temperature, liquidated or compensatory damages (Art. 2229)

A

Exemplary or corrective damages

66
Q

Also known as violation of contract

A

Breach of contract

67
Q

Proof is required unless provided by law or stipulation (Art. 2199)

A

Actual Damages

68
Q

Proof is not required in order that moral, nominal, temperate or liquidated or exemplary damages, except liquidated ones, is left to the discretion of the court, according to the circumstances of each case. (Art. 2216)

A

Other damages

69
Q

Is the deliberate or intentional evasion by the debtor of the normal compliance of his obligation

A

Fraud

70
Q

Other term for Fraud

A

Deceit or Dolo

71
Q

What is called when there is unintentional act?

A

Error

72
Q

Refers to fraud without which consent would not have been given

A

Causal Fraud or Dolo Causante

73
Q

Refers to fraud without which consent would have still given but the person giving it would have agreed on different terms.

A

Incidental fraud or Dolo incidente

74
Q

Situation: B ordered 10 bags of powder soap from S who agreed to deliver the same after 2 days. On due date, S delivered 10 bags of powder soap which he mixed with chalk.

A

The contract between B and S is valid
S shall be liable to pay damages

75
Q

A waiver of an action for this fraud cannot be made. If there is an agreement for its waiver, the same is void (Art. 1171)

A

Future Fraud

76
Q

Situation: X and Y entered into a contract of partnership. They agreed that if X commits fraud against Y in the future with regard to the performance of their contract of partnership, like in profit sharing, X will not be liable.

A

Their stipulation or agreement is void
X will still be liable for damages

77
Q

A waiver of an action for this fraud may be made since the commission of fraud can no longer be encouraged. Such waiver is an act of liberty on the part of the creditor.

A

Past Fraud

78
Q

Is the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, of the time, and of the place (Art. 1173)

A

Negligence

79
Q

Other term for negligence

A

Fault or Culpa

80
Q

Is the failure to observe, for the protection of the interest of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury.

A

Negligence

81
Q

If the law or contract does not state the diligence which is to be observed in the performance of the obligation, what should the debtor do?

A

The debtor must observe the diligence of a good father of a family, as required by the nature of the obligation, and which corresponds with the circumstances of the person, of the time or of the place.

82
Q

What kind of care and corresponds in the ff:
If the obligation is to deliver a specific window glass, the debtor must ensure that the glass, considering its fragility, is well-protected, say with cushions, when he transports it as required by the nature of the obligation. Otherwise, he will be negligent.

A

Diligence of a good father of a family

83
Q

What kind of care and corresponds in the ff:
A baby-sitter, 21 years old, strong and healthy, will be negligent if she sleeps while on duty considering that the circumstances of her person were considered when she was hired for the job.

A

Diligence of a good father of a family that corresponds to person

84
Q

What kind of care and corresponds in the ff:
If the driver of a car drives at night without any headlight, he will be considered negligent considering that the circumstances of nighttime require such light.

A

Diligence of a good father of a family that corresponds to time

85
Q

What kind of care and corresponds in the ff:
If the same car driver drives at 50 kilometers per hour along a busy street where many people are crossing, he will be negligent because the circumstances of the place require that he should drive slowly.

A

Diligence of a good father of a family that corresponds to place

86
Q

This is negligence in the performance of a contract

A

Culpa contractual/ contractual negligence

87
Q

What rule does culpa contractual applies?

A

Master-servant rule

88
Q

True or False;
The defense of a good father of a family in the selection and supervision of employees is not a defense on the part of the employer although it may mitigate (lessen) the liability.

A

True

89
Q

In culpa contractual, defense of a good father of a family is a proper defense.

True or False?

A

False, In culpa contractual the defense of a good father of a family is not a proper defense

90
Q

These are acts or omissions that cause damage to another, there being no contractual relation between the parties (Art. 2176)

A

Culpa Aquiliana/civil negligence/ torts/ quasi delicts or culpa extra contractual

91
Q

The master servant rule does not apply

A

Culpa Aquiliana

92
Q

In Culpa Aquiliana, the defense of a good father of a family in the selection and supervision of employees is a defense on the part of the employer to escape liability

True or False?

A

True

93
Q

This is negligence that results in the commission of a crime

A

Culpa Criminal

94
Q

In culpa criminal, the defense of a good father of a family is a proper defense.

True or False?

A

False, defense of a good father of a family is not a proper defense

95
Q

Is the non-fulfillment of an obligation with respect to time

A

Delay

96
Q

Other term for delay

A

Default or Mora

97
Q

Give the three kinds of delay

A
  1. Mora solvendi
  2. Mora accipiendi
  3. Compensatio morae
98
Q

Delay on the part of the debtor

A

Mora solvendi

99
Q

Two kinds of mora solvendi

A

Ex re and Ex persona

100
Q

Delay on the part of debtor in real obligations or obligation to give

A

Ex re

101
Q

Delay on the part of the debtor in personal obligations or obligations to do

A

Ex persona

102
Q

Delay on the part of the creditor

A

Mora Accipiendi

103
Q

Exist when the creditor refuses to accept the thing due without justifiable reason

A

Mora Accipiendi

103
Q

Delay in reciprocal obligations

A

Compensatio morae

104
Q

Obligation in which each party is a debtor and a creditor of the other

A

Reciprocal obligations

105
Q

General rule in Delay

A

No demand, no delay

106
Q

Give the requisites of delay

A

a) That the obligation be demandable and already liquidated
b) The debtor does not perform the obligation
c) The creditor demands the performance either judicially or extra-judicially
d) The debtor fails to comply with such demand

107
Q

Exceptions in General Rule of delay

A
  1. When the law so provides
  2. When the obligation expressly so declares
  3. When time is of the essence of the contract
  4. When demand would be useless
  5. When there is a reciprocal obligation
108
Q

There is no delay in an obligation not to do, as one cannot be delay for not doing something

True or False?

A

True

109
Q

This means violation of a contract or breach of contract

A

Contravention of the tenor of the obligation

110
Q

What are the two kinds of remedies of the creditor to enforce payment of his claims against the debtor?

A

Cumulative and Subsidiary Remedies

111
Q

Under the Cumulative remedies, what are three following remedies available for the creditor?

A
  1. Exact Fulfillment
  2. Attach leviable properties of the debtor
  3. Accion subrogatoria
112
Q

Explain exact fulfillment

A

Creditor can give out demand letter demanding the debtor to pay if still the debtor doesn’t pay, he can a file a case to the court
Specific performance if delivery of specific thing
Collection of sum of money if he is to collect a debt owing to him from the debtor

113
Q

What is the second remedy of the creditor to enforce performance incase exacting fulfillment is unavailable?

A

Attach leviable properties of the debtor

114
Q

Explain what is accion subrogatoria

A
  • Creditor can look wether the debtor is also a creditor to another (receivables) then you as a creditor can collect to the debtor of your debtor as payment. Whatever maybe owning to your debtor can now be own to you (creditor)
  • The debtor of my debtor is my debtor
115
Q

What is the last remedy that is under subsidiary remedy available for the creditor to enforce payment?

A

Accion pauliana

116
Q

Other term for accion pauliana

A

Action for rescission

117
Q

Asking the courts to cancel contracts entered into by the debtor with third persons

A

Accion pauliana

118
Q

In accion pauliana, you as a creditor have to prove fraud and has affected your rights and that these contracts are done to defraud you.

True or False?

A

True

119
Q

In accion pauliana, if the third person is in good faith, the order of rescission will be valid.

True or false?

A

False, this remedy is not available if the third person was not aware of the debtor’s fraudulent intention.

120
Q

Can you inherit debts? (debtor’s side)

A

Yes

121
Q

General Rule in transmissibility of rights

A

All rights arising from an obligation are transmissible

122
Q

Exception to the General Rule in transmissibility of rights (debtor’s side)

A

Extent of the value of the properties that you inherited

123
Q

If the creditor dies and is survived by an heir, can the heir collect the debt?

A

Yes, General rule is that rights arising from obligations are transmissible

124
Q

Exceptions to the General Rule in transmissibility of rights (creditor’s side)

A
  1. When by its nature, it is not transmissible - it is purely a personal right
  2. Parties agree that the right will not be transmissible
  3. When the law says that it is not transmissible

LAW ON OBLIGATIONS (4 decks)

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