GENERAL PROVISIONS OF OBLIGATIONS Flashcards
Obligation is derived from the Latin word _____ which means ________
Obligatio
Tying or binding
Parts of Obligation:
The person who is obliged. He is the one with the duty
Passive Subject / Debtor / Obligor
Parts of Obligation:
The person where the obligation is to be done. He is the one with the right
Active Subject / Creditor / Obligee
Parts of Obligation:
Subject matter of the obligation
Object / Prestation
Parts of Obligation:
Binding instrument (ex. a written contract)
Juridical or Legal Tie / Efficient Cause
Kind of Obligation According To Subject Matter:
The subject matter is a thing which the obligor must deliver to the obligee
Ex. Lease
Real Obligation (Obligation to Give)
Kind of Obligation According To Subject Matter:
The subject matter is an act to be done or not
Ex. Electricity Bill
Personal Obligation (Obligation to do or not to do)
Kind of Obligation According To Subject Matter:
An obligation to do
Positive Personal Obligation
Kind of Obligation According To Subject Matter:
An obligation not to do
Negative Personal Obligation
Sources of Obligations:
Lawful, voluntary, and unilateral acts which are enforceable
Quasi-Contracts
Sources of Obligations:
Acts arising from civil liability which is the consequence of a criminal offense
Crimes, acts, or omissions punished by law
Sources of Obligations:
Acts arising from damage caused through an act or omission
Quasi-delicts or Torts
Understanding and meeting of minds of two parties whereby one binds himself to the other
Contract
A contract is _____ when it is not contrary to the law, morals, good customs, public order, and public policy
Valid
Happens when a party violated a part or the whole contract. Takes place when one refuses or fails to comply without legal reason
Breach of Contract
