General Flashcards

1
Q

What is an obligation?

A

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

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2
Q

What are the elements of an obligation?

A

A Juridical tie
An active subject (creditor)
A passive subject (debtor)
An object

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3
Q

Sources of obligations

A
Law
contracts
Quasi-Contracts
Acts or Omissions punished by law
Quasi-Delicts
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4
Q

What is a contract?

A

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

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5
Q

Kinds of prestations in obligations?

A

to give
to do
not to do

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6
Q

When does the creditor acquire the rights over the fruits of the thing?

A

After the principal obligation has been delivered to him

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7
Q

What is a personal right?

A

Right to demand from another person, the fulfillment of a prestation to give, to do or not to do

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8
Q

What is a real right?

A

Right over a specific thing

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9
Q

When is a thing determinate?

A

when it is particularly designated or physically segregated from all others of the same class

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10
Q

When is a thing generic?

A

when the object is designated merely by class or genus without any particular designation or physical segregation from all others of the same class

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11
Q

What is mora solvendi?

A

default on the part of the debtor

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12
Q

What is mora accipiendi

A

default on the part of the creditor

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13
Q

what is compensatio morae

A

in reciprocal obligations where both parties are in default

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14
Q

what is dolo causante?

A

causal fraud

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15
Q

what is dolo incidental?

A

incidental fraud

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16
Q

When is demand not necessary?

A
  1. when the law so provides
  2. when the obligation expressly so provides
  3. when time is of the essence
  4. when demand would be useless, as when the obligor has rendered it beyond his power to perform
  5. When the debtor expressly acknowledged that he is in default
17
Q

what is culpa contractual?

A

contractual negligence

18
Q

what is culpa criminal?

A

criminal negligence

19
Q

what is culpa aquiliana?

A

quasi-delict or tort