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CE LAWS > FINALS QUIZ > Flashcards

FINALS QUIZ Flashcards

1
Q

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

A

ART 1156 (Definition of Obligation)

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2
Q
  1. Law
  2. Contracts
  3. Quasi-contracts
  4. Crimes, acts, or omissions punished by law
  5. Quasi-delicts or torts
A

ART 1157 (Sources of Obligations)

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3
Q

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

A

ART 1158 (Legal Obligations)

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4
Q

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

A

ART 1159 (Contractual Obligations)

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5
Q

Obligations derived from quasi-contracts shall be subject to the provisions of Law.

A

ART 1160 (Quasi-Contractual Obligations)

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6
Q

Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Art 2177, and of pertinent provisions.

A

ART 1161 (Civil Liability)

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7
Q

Obligations derived from quasi-delicts shall be governed by the provisions contracts and by special laws.

A

ART 1162 (Quasi-Delicts)

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8
Q

Every person obliged to give something is also obliged to take care of it with proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.

A

ART 1163 (Specific and Generic Thing)

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9
Q

The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.

A

ART 1164 (Different kind of Fruits)

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10
Q

When what is to be delivered is a determinate thing, the creditor, in
addition to the right granted him by Art 1170, may compel the debtor to make the delivery.

A

ART 1165 (Remedies of Creditor in Real Obligation)

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11
Q

If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.

A

ART 1165 (Remedies of Creditor in Real Obligation)

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12
Q

If the obligor delays or has promised to deliver the same thing to two or
more persons who do not have the same interest, he shall be responsible for fortuitous event until he has affected the delivery.

A

ART 1165 (Remedies of Creditor in Real Obligation)

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13
Q

The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.

A

ART 1166 (Accessions and Accessories)

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14
Q

If a person obliged to do something fails to do it, the same shall be executed at his cost.

A

ART 1167 (Positive Personal Obligation: Obligation to Do)

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15
Q

This same rule shall be observed if he does it in contravention of the
tenor of the obligation. Furthermore, it may be decreed that what has
been poorly done be undone.

A

ART 1167 (Positive Personal Obligation: Obligation to Do)

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16
Q

When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.

A

ART 1168 (Negative Personal Obligation: Obligation Not to Do)

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17
Q

Those obliged to deliver or to do something incur in delay from the
time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.

A

ART 1169 (Delay)

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18
Q

However, the demand by the creditor shall not be necessary in order that
delay may exist:
1. When the obligation or the law expressly so declares; or
2. When from the nature and the circumstances of the obligation, it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or
3. When demand would be useless, as when the obligor has rendered it beyond his power to perform.

A

ART 1169 (Delay)

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19
Q

In reciprocal obligations, neither party incurs 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 obligation, delay by the other begins.

A

ART 1169 (Delay)

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19
Q

In reciprocal obligations, neither party incurs 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 obligation, delay by the other begins.

A

ART 1169 (Delay)

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20
Q

Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages.

A

ART 1170 (Liability)

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21
Q

Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.

A

ART 1171 (Fraud)

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22
Q

Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts according to the circumstances.

A

ART 1172 (Negligence)

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23
Q

The fault or negligence of the obligor consists in 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. When negligence shows bad faith, the provisions of articles 1171 and 2201 shall apply.

A

ART 1173 (Meaning of Negligence)

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24
Q

If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required.

A

ART 1173 (Meaning of Negligence)

25
Q

Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which though foreseen, were inevitable.

A

ART 1174 (Fortuitous Event)

26
Q

Usurious transactions shall be governed by special laws.

A

ART 1175 (Usurious Transactions)

27
Q

The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid.

A

ART 1176 (Presumption)

28
Q

The receipt of a later installment of a debt without reservation as to prior installments shall likewise raise the presumption that such installments have been paid.

A

ART 1176 (Presumption)

29
Q

The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them.

A

ART 1177 (Claims)

30
Q

Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.

A

ART 1178 (Transmissibility of Rights)

31
Q

Every obligation whose performance does not depend upon a future or uncertain event, or upon a past event unknown to the parties, is demandable at once.

A

ART 1179 (Pure and Conditional Obligations)

32
Q

Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event.

A

ART 1179 (Pure and Conditional Obligations)

33
Q

When the debtor binds himself to pay when his means permit him to do so, the obligation shall be deemed to be one with a period.

A

ART 1180 (Debtor)

34
Q

In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of those already acquired, shall depend upon the happening of the event which constitutes the condition.

A

ART 1181 (Effects of Happening Condition)

35
Q

When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code.

A

ART 1182 (Classification of Conditions)

36
Q

Impossible conditions, those contrary to good customs or public policy and
those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid.

A

ART 1183 (Suspensive Conditions)

37
Q

The condition not to do an impossible thing shall be considered as not having been agreed upon.

A

ART 1183 (Suspensive Conditions)

38
Q

The condition that some extent happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place.

A

ART 1184 (Positive Conditions)

39
Q

The condition that some event will not happen at a determinate time
shall render the obligation effective from the moment the time indicated has elapsed, or if has become evident that the event cannot occur.

A

ART 1185 (Negative Condition)

40
Q

If no time has been fixed, the condition shall be deemed fulfilled at such time as may have probably been contemplated, bearing in mind thenature of the obligation.

A

ART 1185 (Negative Condition)

41
Q

The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment.

A

ART 1186 (Constructive Fulfillment)

42
Q

The effects of a conditional obligation to give, once the condition has been fulfilled, shall retroact to the day of the constitution of the obligation. Nevertheless, when the obligation imposes reciprocal prestations upon
the parties, the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. If the obligation is unilateral, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different.

A

ART 1187 (Retroactive Effects of Fulfillment of Suspensive Condition)

43
Q

In obligations to do and not to do, the courts shall determine, in each case, the retroactive effect of the condition that has been complied with.

A

ART 1187 (Retroactive Effects of Fulfillment of Suspensive Condition)

44
Q

The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.

A

ART 1188 (Rights Pending Fulfillment of Suspensive Condition)

45
Q

The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition.

A

ART 1188 (Rights Pending Fulfillment of Suspensive Condition)

46
Q

When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:
1. If the thing is lost without the fault of the debtor, the obligation shall be extinguished.
2. If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered;
3. When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor.
4. If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case.
5. If the thing is improved by its nature, or by the time, the improvement shall inure to the benefit of the creditor.
6. If it is improved at the expense of the debtor, he shall have no other right
than that granted to the usufractuary.

A

ART 1189 (Loss and Deterioration)

47
Q

When the conditions have their purpose the extinguishment of an obligation to give, the parties, upon the fulfillment of said conditions, shall return to each other what they have received.

A

ART 1190 (Resolutory Condition)

48
Q

In case of loss, deterioration or improvement of the thing, the provisions which, with respect to the debtor, are laid down in the preceding article shall be applied to the party who is bound to return.

A

ART 1190 (Resolutory Condition)

49
Q

The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him.

A

ART 1191 (Obligations According to the Person Obliged)

50
Q

The injured party may choose between the fulfillment and the
rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible

A

ART 1191 (Obligations According to the Person Obliged)

51
Q

This is understood to be without prejudice to the rights of third persons who have acquired the thing.

A

ART 1191 (Obligations According to the Person Obliged)

52
Q

In case both parties have committed a breach of obligation, the liability of the first infractor shall be equitably tempered by the courts. If it
cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages.

A

ART 1192 (Breach)

53
Q

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

A

ART 1193 (Obligations with a Period)

54
Q

Obligations with a resolutory period take effect at once but terminate upon arrival of the day certain.

A

ART 1193 (Obligations with a Period)

55
Q

A day certain is understood to be that which must necessarily come, although it may not be known when.

A

ART 1193 (Obligations with a Period)

56
Q

If the uncertainty consists in whether the day will come or not, the obligation is conditional, and it shall be regulated by the rules of the preceding section.

A

ART 1193 (Obligations with a Period)

57
Q

In case of loss, deterioration or improvement of the thing before the arrival of the day certain, the rules in Art. 1189 shall be observed.

A

ART 1194 (Loss or Deterioration)

58
Q

If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof.

A

ART 1197

59
Q

The courts shall also fix the duration of the period when it depends upon the will of the debtor.

A

ART 1197

60
Q

In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them.

A

ART 1197

61
Q

The debtor shall lose every right to make use of the period:
1. When after the obligation has been contracted, he becomes insolvent, unless he gives a guaranty or security for the debt;
2. When he does not furnish to the creditor the guaranties or securities which he has promised;
3. When by his own acts he has impaired said guaranties or securities after their establishment, and when through a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory;
4. When the debtor violates any undertaking, in consideration of which the creditor agreed to the period;
5. When the debtor attempts to abscond.

A

ART 1198 (Obligation Demanded before Lapse of Period)

CE LAWS (5 decks)

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