General Flashcards
What is an obligation?
An obligation is a juridical necessity to give, to do or not to do
What are the elements of an obligation?
A Juridical tie
An active subject (creditor)
A passive subject (debtor)
An object
Sources of obligations
Law contracts Quasi-Contracts Acts or Omissions punished by law Quasi-Delicts
What is a contract?
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
Kinds of prestations in obligations?
to give
to do
not to do
When does the creditor acquire the rights over the fruits of the thing?
After the principal obligation has been delivered to him
What is a personal right?
Right to demand from another person, the fulfillment of a prestation to give, to do or not to do
What is a real right?
Right over a specific thing
When is a thing determinate?
when it is particularly designated or physically segregated from all others of the same class
When is a thing generic?
when the object is designated merely by class or genus without any particular designation or physical segregation from all others of the same class
What is mora solvendi?
default on the part of the debtor
What is mora accipiendi
default on the part of the creditor
what is compensatio morae
in reciprocal obligations where both parties are in default
what is dolo causante?
causal fraud
what is dolo incidental?
incidental fraud
When is demand not necessary?
- when the law so provides
- when the obligation expressly so provides
- when time is of the essence
- when demand would be useless, as when the obligor has rendered it beyond his power to perform
- When the debtor expressly acknowledged that he is in default
what is culpa contractual?
contractual negligence
what is culpa criminal?
criminal negligence
what is culpa aquiliana?
quasi-delict or tort
