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ECE LAWS > Elements, Sources, and Nature of Obligation > Flashcards

Elements, Sources, and Nature of Obligation Flashcards

1
Q

Based on the concept: “do good and avoid evil”

A

OBLIGATIONS: GENERAL PROVISIONS

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2
Q

An _ is a juridical necessity to give, to do or not to do

A

obligation

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3
Q

Ignorance of the law excuses no one from compliance herewith

A

Article 3 of the Civil Code

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4
Q

An obligation is a juridical necessity to give, to do or not to do

A

Article 1156 of the Civil Code

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5
Q

Simply means that a person (referred as ‘creditor’) can demand or compel another person (referred as ‘debtor’) to determine conduct. In case of breach, the debtor is liable with all his property that are not exempt from
the execution.

A

obligation

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6
Q

the person who is bound to fulfill the obligation

A

Passive Subject (Debtor or Obligor)

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7
Q

the person who is entitled to demand the fulfillment of the obligation.

A

Active Subject (Creditor or Obligee)

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8
Q

the conduct required to be observed by the debtor. It may consist of giving, doing, or not doing

A

Object or Prestation (Subject matter of the obligation)

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9
Q

binds or connects the parties to the obligation

A

Juridical or Legal Tie (Efficient cause)

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10
Q

According to ___, obligations arise from

A

Article 1157

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11
Q

According to Article 1157, obligations arise from:

A 
Quasi-Delicts
Acts or Omission Punishable by Law
Quasi - Contracts
Contracts
Law
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12
Q

Obligations derived from law are not presumed. Only those expressly determined in Civil Code or in special laws are demandable, and shall be regulated by the precepts of the law establishing them as to what has not been foreseen, by the provisions of this code.

A

Article 1158

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13
Q

Obligations arising from contracts have the force of law between the contracting parties and should be complied in good faith.

A

Article 1159

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14
Q

As defined in Article 1305, NCC is the meeting of minds between two persons whereby one binds himself with respect to the other.

A

Contract

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15
Q

Obligations derived from quasi-contracts shall be subject to the provision of Chapter 1, title XVII (Extra-Contractual Obligations)

A

Article 1160

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16
Q

is the juridical relation resulting from lawful, voluntary and unilateral act, based on the principle that no one shall be unjustly enriched or benefited at the expense of another (Article 2142, NCC)

A

Quasi-contract

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17
Q

require consent for it to be valid

A

Contracts

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18
Q

are civil obligation

A

Contracts

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19
Q

require no consent as it is implied by law

A

Quasi-contracts

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20
Q

are a natural obligation

A

Quasi-contracts

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21
Q

Principal Kind of Quasi-contracts

A 
Solutio Indebiti (Payment by mistake)
Negotiorum Gestio (Management of Another’s Property)
22
Q

A juridical relation which arises when a person is obliged to return something received by him/her through error or mistake.

A

Solutio Indebiti (Payment by mistake)

23
Q

The voluntary management or administration by a person of an abandoned business or property of another without any authority or power from the latter (Article. 2144, NCC)

A

Negotiorum Gestio (Management of Another’s Property)

24
Q

Acts or omissions punished by law

A

Delict or Felony or Crime

25
Q

Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, CC and of the pertinent provisions of CC on Human Relations and Damages

A

Article 1161

26
Q

Civil Liability arising from delicts:

A

Restitution

Reparation

27
Q

the restoration of or returning the object of the crime to the injured party

A

Restitution

28
Q

the payment by the offender of the value of the object of the crime, when such object cannot be returned to the injured party

A

Reparation

29
Q

the consequential damages which includes the payment of other damages that may have been caused to the injured party

A

Indemnification

30
Q

Obligations derived from quasi-delicts shall be governed by the provisions on quasi-delicts (Chapter 2, Title XVII) CC on Human Relations and Special Laws

A

Article 1162

31
Q

one where whoever by act or omission causes damage to another, there being fault of negligence, is obliged to pay for the damage done. Such fault of negligence, if there is no pre-existing contractual relation between the parties. (Article 2176)

A

Quasi-Delict

32
Q

Requisites of a quasi-delict

A

There must be fault of negligence attributable to the offended
There must be damage or injury caused to another
There is no pre-existing contract

33
Q

NATURE OF OBLIGATION

A 
CIVIL  OBLIGATION
NATURAL OBLIGATIONS
MORAL OBLIGATIONS
REAL OBLIGATIONS
PERSONAL OBLIGATIONS
UNILATERAL OBLIGATIONS
BILATERAL OBLIGATIONS
34
Q

sanctioned by law, etc.

A

CIVIL OBLIGATION

35
Q

Voluntarily performed, no right to recover payment

A

NATURAL OBLIGATIONS

36
Q

based on conscience

A

MORAL OBLIGATIONS

37
Q

refers to obligations to give (either determinate or generic)

A

REAL OBLIGATIONS

38
Q

-obligations to do (positive) or not to do (negative)

A

PERSONAL OBLIGATIONS

39
Q

One party bound to perform obligations

A

UNILATERAL OBLIGATIONS

40
Q

Two parties reciprocally bound

A

BILATERAL OBLIGATIONS

41
Q

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

A

determinate

42
Q

_ is not particularly designated or physically segregated from all others of the same class. The thing can be replaced by another thing that is of the same quality.

A

Generic or indeterminate thing

43
Q

Duties of debtor in obligation to give a determinate thing

A

I. To take good care of the thing with the diligence of a good father of a family. (Art. 1163)
II. To deliver the thing.
III. To deliver the fruits of the thing. (Art. 1164)
IV. To deliver its accessories and accessions even though not mentioned. (Art. 1166)

44
Q

Remedies of the Obligee (Creditor) when the debtor fails to perform his obligation
1. If to deliver a determinate thing

A

compel the debtor to make the delivery (Art. 1165)

demand damages from the debtor (Art. 1170)

45
Q

Remedies of the Obligee (Creditor) when the debtor fails to perform his obligation
2. If to deliver an indeterminate thing

A

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

46
Q

Remedies of the Obligee (Creditor) when the debtor fails to perform his obligation
3. If an obligation to do

A

a. The creditor may have the obligation executed at the expense of the debtor. (Art. 1167)
b. The creditor may demand damages from the debtor. (Art. 1170)

47
Q

Remedies of the Obligee (Creditor) when the debtor fails to perform his obligation
4. If an obligation not to do

A

a. The creditor may demand what has been done be undone.b. The creditor may demand damages from the debtor.

48
Q

For delay to exist the following must be present:

A

The obligation must be due and demandable
The debtor does not perform his obligation
The creditor demands for the performance of the obligation judicially or extra-judicially
The debtor fails to comply to such demand

49
Q

General Rule

A

No demand no delay!

50
Q

are the exceptions to the general rule in where demand is not necessary in order for delay to exist.

A

Article 1169

51
Q

There is no need for demand in order for delay to exist in the following cases:

A

The obligation or the law expressly so declare
When time is of the essence of the contract
Demand would be useless
In reciprocal obligation, from the moment one of the parties fulfills his obligation, delay by the other begins.

52
Q

For delay to exist the following must be present:

A

When the debtor fulfils the obligation but the creditor refuses to accept the thing without justifiable reason

ECE LAWS (2 decks)

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