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JURIS MIDTERMS > DENTISTS AND CIVIL LIABILITY > Flashcards

DENTISTS AND CIVIL LIABILITY Flashcards

1
Q

Legal responsibility for the payment to an agreed third-party due to the violation of ___

A

civil law

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2
Q

Liability imposed by the court against a person who violates the civil law

A

CIVIL LIABILITY

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3
Q

law concerning individual relations, properties,
business, personal dealings, etc., and their interaction with each
other
 Deals more on private individuals and has nothing to do
with the state or government

A

Civil Law

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4
Q

 Comes with monetary compensation instead of imprisonment
like in criminal law

A

CIVIL LIABILITY

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5
Q

extinguished in the same manner as other obligations

A

Extinction of Civil Liability

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6
Q

the offender shall
continue to be obliged to satisfy the civil liability resulting from the
crime committed by him, notwithstanding the fact that he has
served his sentence consisting of deprivation of liberty or other
rights, or has not been required to serve the same by reason of
amnesty, pardon, commutation of sentence, or any other reason

A

Obligation to Satisfy Civil Liability

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7
Q

persons with criminal offenses shall still pay civil
liability after serving time in imprisonment

A

Obligation to Satisfy Civil Liability

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8
Q

forgiveness of a criminal offense
granted by the head of the state or President; amnesty is
before judgment, pardon is after judgment;
 civil liability is still present

A

Amnesty/Pardon

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9
Q

A juridical necessity to give, to do, or not to do

A

OBLIGATIONS

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10
Q

SOURCES OF OBLIGATION:

A
  1. Law
  2. Contracts
  3. Quasi-contracts
  4. Acts or Omissions Punishable by Law (Delicts)
  5. Quasi-Delicts (TORTS)
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11
Q

 Obligations arising from law are not presumed
Only those expressly determined in the Civil Code or in special
laws are demandable, and shall be regulated by the precepts
of the law which establishes them

A

Law

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12
Q

 Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith
 stipulations of the contract by the parties must not be
contrary to law, morality, good customs, public order,
and public policy

A

Contracts

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13
Q

 deals with what is right and what is wrong
 Norms of good and right conduct
 Governs the private personal interactions of
people

A

Morality

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14
Q

governs the professional interactions of
people

A

Ethics

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15
Q

generally accepted principles of morality which have received some social and practical recognition in the community for so long

A

Good Customs

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16
Q

the safety and order of the community
in order to maintain peace; examples are obeying traffic
rules

A

Public Order

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17
Q

System of law or regulatory measures to make the
society lead a better life and to maintain delivery
of goods and services

A

Public Policy

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18
Q

“no one shall be unjustly enriched or benefited at the
expense of another”

A

Quasi-contracts

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19
Q

giving rise to an obligation to deliver a thing or
render a service

A

presumptive consent

quasi-contract

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20
Q

basis of quasi-contract giving rise
to an obligation to deliver a thing or render a service

A

presumptive consent

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21
Q

A quasi-contract is also termed as

A

solutio indebita

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22
Q

Every person criminally liable for a felony is also civilly
liable and therefore becomes obligated to the person he has wronged

A

Acts or Omissions Punishable by Law (Delicts)

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23
Q

Whoever by act of omission causes damage to another,
there being fault or negligence, is obliged to pay for the
damage done

A

Quasi-Delicts (TORTS)

24
Q

Such fault or negligence, if there is no pre-existing contractual
relation between the parties

Dental negligence falls under this category, wherein there is no intent but still caused damage

A

quasi-delict

25
Q

9 KINDS OF OBLIGATIONS

A
  1. Pure Obligation
  2. Conditional Obligation
  3. Obligation with a Period
  4. Alternative Obligations
  5. Joint and Solidary Obligations
  6. Divisible and Indivisible Obligations
  7. Obligations with a Penal Clause
  8. Civil Obligations
  9. Natural Obligations
26
Q

 The performance of this obligation does not depend upon a
condition
Is demandable at once

A

Pure Obligation

27
Q

 The acquisition/extinguishment of rights shall depend upon
the happening of the event which constitutes the condition

A

Conditional Obligation

28
Q
  • that which gives birth to the
    obligation; obligation happens only upon the
    happening of this event
A

Suspensive Condition

29
Q

that which results to the loss
or extinguishment of an obligation

A

Resolutory Condition

30
Q

Obligations for whose fulfillment a certain day that has been
fixed, shall be demandable only when that day comes

A

Obligation with a Period

31
Q

 A person alternatively bound by different prestations shall
completely perform one of them
 The creditor cannot be compelled to receive part of one and
part of the other undertaking
 The right of choice belongs to the debtor unless it has been
granted to the creditor

A

Alternative Obligations

32
Q

“to each his own”; kaniya-kaniyang
bayad; pro-rata, proportionate

A

Joint Obligations

33
Q

“one for all, all for one”; joint and
several, in solidum, individually and collectively, each will pay
the whole value

A

Solidary Obligations

34
Q

Obligations to give definite things and those which are not susceptible of partial performance

A

Indivisible Obligation

35
Q

Delivery or performance is susceptible
of division or partial performance

A

Divisible Obligation

36
Q

In obligations with a penal clause, the penalty shall
substitute the indemnity for damages

A

Obligations with a Penal Clause

37
Q

an accessory obligation to assume the
responsibility if there is non-performance

A

Penal Clause

38
Q
  • one which gives a right of action to compel
    their performance
A

Civil Obligations

39
Q

 not based on positive law but on equity and natural law
 Do not grant a right of action to enforce its performance
 Voluntary

A

Natural Obligations

40
Q

 means the realization of the purpose of the obligation
 In the obligation “to give”, there is performance upon the
delivery of the thing itself, and if the thing to deliver is a
specific thing, the obligee has the right to compel the obligor
to deliver no other than the specific thing
 In the prestation “to do”, if a person obliged to do something
fails to do it, it shall be executed at his cost

A

PERFORMANCE OF AN OBLIGATION

41
Q

CAUSES OF NON-PERFORMANCE OF OBLIGATION

A
  1. Voluntary Non-performance of Obligation
  2. Involuntary Non-performance or Non-performance due to
    Fortuitious events or Force Majeure (acts of God)
42
Q
  • events which could not be foreseen, or which though foreseen, were inevitable
A

Fortuitious events

43
Q

acts of God like natural disasters (flood,
typhoon, landslide, etc.)

A

Force Majeure

44
Q

General rule is no person shall be responsible for
Fortuitious events which could not be foreseen, or which
though foreseen, were inevitable, except in cases expressly
specified by law, or when it is otherwise expressed in
stipulation, or when the nature of the obligation requires
assumption of risk

A

Involuntary Non-performance

45
Q

REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS

A
  1. The cause of the event must be something beyond the control of
    man i.e. earthquake
  2. Must not be foreseen, or even if foreseen, is inevitable i.e.,
    typhoon, fire
  3. Because of the occurrence of this event, the debtor is rendered
    helpless or incapable of performing his obligation in a normal way
  4. Obligor or debtor must not have been guilty of contributory
    negligence and must not have participated in the aggravation of the
    damage done
46
Q

 Time of delivery or time of service is the controlling motive of
the contract
 Demand would be useless
 In this case, fortuitious event is not an excuse
 Delay = damage

A

Delay in Obligation

47
Q

 Both parties have obligations to perform
 Neither party incur in delay if the other does not comply or is
not ready to comply in a proper manner with what is
incumbent upon him
 From the moment one of the parties fulfills his obligations,
delay by the other begins

A

Reciprocal Obligation

48
Q

after payment, obligation is
extinguished

A

By Payment or Performance

49
Q

if the thing due is lost due to
fortuitious event, it is not your negligence

A

By the Loss of the Thing due

50
Q

 condonation or remission is essentially gratuitous, and
requires the acceptance by the obligor
 It may be made expressly or impliedly

A

By the Condonation or Remission of the Debt

51
Q

requires the compliance with forms of
donations

A

Express condonation

52
Q

Basically means to forgive or to forget debt

A

By the Condonation or Remission of the Debt

53
Q

 The obligation is extinguished from the time the characters of
creditor and debtor are merged in the same person
 The enforcement of the obligation becomes impossible

A

By the Confusion or Merger of the Rights of Creditor and
Debtor

54
Q

 Compensation shall take place when two persons, in their own
right, are creditors and debtors to each other

A

By Compensation

55
Q

juridical act of dual function in that at the time
it extinguishes an obligation, it creates a new one in lieu
of the old

A

Novation

56
Q

6 EXTINGUISHMENT OF OBLIGATIONS

A
  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. By Compensation
  6. By Novation
57
Q

Obligations may be modified by:

A

 Changing the object or principal conditions of an
obligation
 Changing the parties

JURIS MIDTERMS (7 decks)

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