CLEGAL Flashcards
1
Q
An obligation is a juridical necessity to give, to do or not to do
A
Article 1156
2
Q
is a legal duty, however, created, the violation of which may become the basis of an action of law.
A
Obligation
3
Q
also known as the oblige or creditor has the power to demand the prestation
A
Active subject
4
Q
also known as the debtor, who is bound to perform the prestation
A
Passive subject
5
Q
an object or understanding to give, to do, or not to do
A
prestation
6
Q
the vinculum which binds the contracting parties
A
the juridical or legal tie
7
Q
Obligations to give a determinate thing
A
- To deliver the thing which has been obligated himself to give
- To take care of the thing with proper diligence of a good father of a
family - To deliver all its accessories and accessions
- To pay damages in case of breach of obligation
8
Q
Obligations to do:
A
- If the debtor failed what he is obliged to do, it will be done at his expense
- If the work is done in contravention of the tenor of obligation, it will be re-done at the debtor’s expense
- If the work is poorly done, it will be re-done at the debtor’s expense
9
Q
Sources of Liability (for damages) of a party in an obligation are as follows:
A
Fraud and Negligence
10
Q
which is fraud incident to the performance of an obligation
A
incidental fraud (dolo incidente)
11
Q
there is an intent to evade the normal fulfillment of the obligation and to cause damage.
A
Fraud
12
Q
the lack of diligence, or carelessness
A
culpa contractual
13
Q
Sources of Obligations arise from Article 1157
A
Laws
contracts
quasi-contracts
quasi delicts
Acts or omissions punishable by law
14
Q
a meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
A
Contracts
15
Q
it refers to a lawful, voluntary, and unilateral act based on the maxim that no one shall unjustly enrich himself at the expense of another
A
Quasi-contract
16
Q
Two Forms of Quasicontract
A
Solution indebiti
Negotiorium gestio
17
Q
which is payment by mistake
A
Solution indebiti
18
Q
takes place when a person without the consent of the owner, assumes the management of an abandoned business.
A
Negotiorium gestio
19
Q
is any act or omission which causes damage to another, there being fault or negligence, and there being no preexisting contractual relation between parties
A
Quasi delitcs
20
Q
Primary Classification of obligations
A
a. Pure and conditional obligations
b. Obligations with a period
c. Alternative and facultative obligations
d. Joint and solidary obligations
e. Divisible and indivisible obligations
f. Obligations with a penal clause
21
Q
Secondary Classification of Obligation
A
a. Unilateral and bilateral obligations
b. Real and personal obligations
c. Civil and natural obligations
d. Legal, conventional, and penal obligations
22
Q
one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore immediately demandable.
A
Pure Obligation
23
Q
one which consequences are subject in one way or another to the fulfillment of a condition
A
Conditional Obligation
24
Q
one which consequences are subject in one way or another to the expiration of the said period or term
A
An obligation with a period
25
those that are written, although there concur two or more creditors and debtors, in one and the same obligation, there is no right to demand nor a duty on the part of each of the latter or render entire compliance of the entire obligation.
Joint Obligations
26
those in which concur several debtors or creditors or both, and where each creditor has the right to demand, and each debtor is bound to perform, in its entirety, the prestation constituting the object of the obligation.
Solidary Obligations
27
Article 1231. Obligations are extinguished
(1) By payment or performance;
(2) By the loss of the thing due;
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor and debtor;
(5) (5) By compensation;
(6) By novation.
28
- it extinguishes obligations which are purely personal in character, such as partnership and agency.
Death
29
also known as force majeure or caso fortuito, are terms which exempt an obligor from liability and these are extraordinary events not foreseeable or avoidable, events that could not be
Fortuitous Event
30
they may stipulate any currency for payment of debts to extinguish obligations. In the absence of any stipulation, payments must be made in the currency which is the legal tender in the Philippines
Parties
31
whether manager’s or cashier’s checks) will have the effect of payment under Article 1231, Civil Code only when these are already encased or cleared by the collecting banks.
Payment in checks
32
it equivalent to payment made by a third person (credit card company) who has no interest in the fulfillment of the obligation
Payment by way of credit cards
33
Which article says that a contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Article 1305
34
Essential Elements of a Contract
1. Consent
2. Object certain
3. Contract of obligation
4. Contract of adhesion
35
manifested by the meeting of the minds of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute;
Consent
36
the subject matter of the contract
Object certain
37
defined as one in which almost all the provisions have been drafted only by one party, usually a corporation or insurance company.
Contracts of obligation
38
Characteristics of Contract
1. Mutuality of Contracts
2. Autonomy of Contracts
3. Relativity of Contracts
4. Consensuality of Contracts
5. Obligatory Force of Contracts
39
its validity and performance cannot be left to the will of only one of the parties
Mutuality of contracts
40
parties are free to stipulate terms and provisions in a contract, as long as these terms and provisions are not contrary to law, morals, good customs, public order and public policy.
Autonomy of contracts
41
contracts are binding only upon the parties and their successors-in-interest
Relativity of contracts
42
contracts are perfected by mere consent, and no form is prescribed by law for their validity
Consensuality of contracts
43
it constitutes the law as between the parties who are compelled to perform under the threat of being sued in the courts of law.
Obligatory force of contracts
44
Classifications of Contracts According to their relation to other contracts:
Preparatory
Principal
Accessory
45
Classifications of Contracts According to their perfection
Consensual
Real
46
Classifications of Contracts According to their forms
Common or Informal
Special or Formal
47
Classifications of Contracts According to their purpose
Transfer of ownership
Conveyance of use
Rendition of service
48
Classifications of Contracts According to their subject matter
Things
service
49
Classifications of Contracts According to their nature of the vinculum which they produce:
Bilateral and unilateral
50
Classifications of Contracts According to their cause
onerous and Gratuitous
51
Classifications of Contracts According the risks involved:
Commutative and aleatory
52
Classifications of Contracts According to their names or norms regulating them
Nominate and innominate
53
those which have their object the establishment of a condition in law which is necessary as a preliminary step towards the celebration of another subsequent contract.
Preparatory
54
those which can subsist independently from other contracts and whose purpose can be fulfillment by themselves.
Principal
55
those which can exist only as a consequence of, or in relation with, another prior contract. Examples – pledge, mortgage
Accesory
56
those which are perfected by the mere agreement of the parties
Consenual
57
those which require not only for the consent of the parties for perfection but also the delivery of the object by one party to the other.
Real
58
those which require no particular form
Common or informal
59
those which require particular form
Special or formal
60
those which give rise to an obligation for only one of the parties
Unilateral
61
those give rise to reciprocal obligations for both parties
Bilateral
62
those in which each of the parties, aspires to procure for himself a benefit through the giving of an equivalent or compensation
Onerous
63
those in which one of the parties proposes to give the other a benefit without any equivalent or compensation.
Gratuitous
64
those in where each of the parties acquires equivalent of his prestation and such equivalent is pecuniarily appreciable and already determined from the moment of the celebration of the contract
Commutative
65
those in where each of the parties has to his account the acquisition of an equivalent of his prestation, but such equivalent, although pecuniarily appreciable, is not yet determined at the moment of the celebration
Aleatory
66
those in which have their own individuality and are regulated by special provisions of the law
Nominate
67
those which lack individuality and are not regulated by special provisions of law.
Inominate
68
the power to impose and collect taxes and charges on individuals, goods, services, and other to support the operation government
Taxation
69
states that “the rule of taxation shall be uniform and equitable”
Article VI of the Constitution
70
Article VI. Section 28 says that?
"taxation shall be uniform and equitable and that Congress shall evolve a progressive system of taxation"
71
National Internal Revenue Code
RA 8424
72
- it is where the taxes are imposed at the national level and collected while those imposed at the local level
Bureau of Internal Revenue (BIR)
73
used to defray the expenses of the government like building infrastructures, superstructures, payment of salaries of government officials and staffs, which may help improve tourism activities.
Taxes
74
RA No. 10963
Tax Reform for Acceleration and Inclusion Act
75
RA No. 7160
the Local Government Code of 1991
76
is a levy imposed by the government on individuals (citizens of the Philippines, permanent resident aliens who have stayed in the country for more than a year) who are leaving the country
Travel taxes
77
Exempted to pay Travel Taxes
* Filipino Overseas Contract Workers
* Filipino permanent residents abroad whose stay in the Philippines is less than one year (Balikbayans) * Infants (2 years old and below)
78
it is very useful for companies engaged in the tourism industry because there are many kinds of risks in enterprises where investment is quite substantial
Insurance
79
Essential Elements of Insurance Contract
* Insurable interest;
* Existence of risk;
* Assumption of such risk by the insurer;
* Said assumption being part of a general scheme to distribute actual losses among those bearing similar risks; and
* Payment of premium
80
Parties in insurance contract
Insurer
Insured
Benificiary
81
a person, partnership, association, or corporation duly authorized to transact an insurance business
Insurer
82
- a person with an insurable interest, who stands to benefit from a policy of insurance.
Insured
83
a person designated by the terms of the policy to receive the proceeds of the insurance policy upon the happening of the event insured against.
Benificiary
84
Type of Insurance Contracts
Life insurance
Fire insurance
Marine insurance
Personal acident insurance
Travel Insurance
Group insurance
85
- an insurance on human lives and insurance appertaining thereto or connected therewith
Life insurance
86
- it includes loss by fire, lightning, windstorm, tornado or earthquake and other allied risks, when such risks are covered by extension to fire insurance policies or under separate policies.
Fire insurance
87
loss or damage on a certain interest subject to marine risks by certain perils of the sea or specified casualties during a voyage or fixed period
Marine insurance
88
an insurance which provides pecuniary compensation for expenses or losses of income brought about by death or bodily injury arising from violent, external, visible, and accidental means.
Personal accident insurance
89
is considered a contract of adhesion in which almost all the provisions have been drafted only by one party, usually the insurance company
Insurance Contract
90
is that relationship with a person or thing that will support the issuance of an insurance policy
Insurable Interest
91
a single insurance contract that provides coverage for many individuals.
Group insurance
92
A person can lawfully procure insurance on the life of another in whose life he has no insurable interest. Hence, the assured must have an interest to preserve the life to be insured in spite of the insurance
Beneficiaries
93
- is a contract of surety ship shall be deemed to be an insurance contract, within the meaning of this Code, only if made by a surety who or which, as such, is doing an insurance business as hereinafter provided.
Travel Insurance
94
- According to ___, a contract of insurance is an agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event.
Republic Act No. 10607 Amended Insurance Code of the Philippines
95
State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
Section 3 Article XIII of the 1987 Philippine Constitution
96
Classification of Employees
Regular
Casual
Seasonal
project
Probationary
Fixed term
OFW
Special workers
Apprentice
Learners
Handicapped
97
Employee who have been engaged to perform activities which are usually necessary or desirable in the usual trade or business of the employer.
Regular employee
98
An employee who is engaged to perform a job, or service which is merely incidental to the business of the employer, and such job, work, or service is for a definite period made known to the employee at the time of the engagemen
Casual Employee
99
Employee whose work or services is seasonal in nature and the employment is for the duration of the season. Regular seasonal employees are those called to work from time to time
Seasonal Employee
100
One whose “employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed
Project employee
101
One who is on trial by an employee during which the employer determines whether or not he is qualified for permanent employment.
Probationary employee
102
These are employees covered by employment contracts providing for “term employment” or “fixed period”.
Fixed term employee
103
refers to a person who is employed in a state where he is not a legal resident.
Overseas Filipino Workers or Migrant Workers
104
Special Workers
1. Apprentice
2. Learners
3. Handicapped Workers
105
is a worker who is covered by a written apprenticeship agreement.
Apprentice
106
are persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed 3 months.
Learners
107
are those whose earning capacity is impaired by age, physical or mental deficiency, or injury
Handicapped workers
108
What are the Basic Rights of Workers
Equal opportunities for all
Security of tenure
Word days and work hours
Weekly rest
Wage and wage-related benefits
109
Wage Rationalization Act
- RA No. 6727
110
Minimum employable age is
15 yrs old
111
the right of every worker, free of any interference from the employer or from government, to form or join any legitimate worker's organization
right of self organization
112
RA 1161
MATERNITY LEAVE
113
RA 8187
PATERNITY LEAVE
114
Parental leave for solo parents
RA 8972
115
Anti-violence of women and children act of 2004
RA 9262
116
Special leave for women
RA 9710
117
Magna Carta for Disabled Persons
RA No. 7277
118
Discrimination of
Women
RA 6725
119
The gaming activities in the Philippines is handled by ?
Philippine Amusement and Gaming Corporation (PAGCOR)
120
To support the program of the Philippine government about gaming___was created
E- city
121
is defined as one holding itself out to the public as engaged in transportation of freight or passenger for hire
Common carrier
122
is not in the business of transporting public employment, but hires out to deliver goods (not passengers) in particular cases
Private carrier
123
has been defined as the standard of care required of a common carrier in bringing safely its passengers (and goods) from one place to another
Extra ordinary diligence
124
Whai is The best evidence of a contract of carriage?
passenger tickets
125
is the primary policy planning, programming, regulating and administrative entity of the Executive branch of government in the promotion, development and regulation of dependable and coordinated networks of transportation.
Department of Tourism (DOT)
126
Legislative Act No. 3909
Department of Commerce and Communication
127
Civil Aeronautics Act of the Philippines
RA 776
128
regulates the economic aspect of air transportation and has general supervision and regulation of and jurisdiction and control over air carriers as well as their property, property rights, equipment, facilities, and franchise.
Civil Aeronautics Board
129
to integrate development, promotion and regulation of the maritime industry in the country.
Maritime Industry Authority (MARINA)
130
the proper agency which controls the registration and operation of motor vehicles and the licensing of owners, dealers, conductors, drivers, and similar matters
Land transportation Office (LTO)
131
is a sectoral agency of the Department of Transportation (DOTr) which is mandated under the law regulate land-based public transportation, and to safeguard the welfare and interests of the commuting public.
Land Transportation Office Franchising and Regulatory Board (LTFRB)
132
Tourism Act of 2009
RA 9593
133
Seat Belts Use Act of 1999.
Republic Act No. 8750
134
Animal Welfare Act of 1998
RA 8485
135
Traffic law
Republic Act No 4136
