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OBLICON FINALS REVIEW > HEADS UP > Flashcards

HEADS UP Flashcards

1
Q

Means the rule of action or any system
of uniformity.

A

Law

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2
Q

Characteristic of Law -ROPO

A

Rule of conduct
Obligatory
Promulgated by legitimate authority
Of common observance and benefit

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3
Q

Principal Sources of LAW - CLAJ-C

A

Constitution
Legislation
Administrative or Executive orders, Regulations, and Rulings
Jurisprudence
Customs

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4
Q

Article 3 Civil Code of The Philippines

A

Ignorance of the Law excuses no one from compliance therewith

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5
Q

portion of body of the law creating, defining, and regulating rights and duties which may either be public or private in character.

A

Substantive Law

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6
Q

An Example of Private law

A

Law on Obligation and Contracts

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7
Q

portion of the body of the law prescribing the manner or procedure by which rights ,ay be enforced or their violations redressed. Sometimes this is called remedial law or procedural law.

A

Adjective law

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8
Q

is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts

A

Law on obligation and contracts

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9
Q

Obligation to give

A

Real obligation

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10
Q

Obligation to do or not to do

A

Personal Obligation

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11
Q

Article 1157. Obligations arise from?

A

(1) Law
(2) Contracts
(3) Quasi-contracts
(4) Acts or omission punished by law
(5) Quasi- delicts

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12
Q

is the voluntary management of the property or affairs of another without the knowledge or consent of the latter

A

Negotiorum Gestio

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13
Q

Juridical relation which is created when something is receives when there is no right to demand it and it was unduly delivered through mistake. It is based on the principle that no one shall enrich himself unjustly at the expense of another

A

Solutio Indebiti

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14
Q

A thing is said to be ___________ if it is particularly designated or physically segregated from others of the same class

A

specific or determinate

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15
Q

A thing is _________ when it refers only to class or genus to which it pertains and cannot be pointed out with particularity

A

generic or indeterminate

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16
Q

Remedies of Creditor in Specific Real obligation

A
  1. Demand specific performance (if it is still possible) of the obligations with a right to indeminity for damages; or
  2. Demand rescission or cancellation (in certain cases) of the obligation also with a right to recover damages; and
  3. Demand payment of damages only, where it is the only feasible remedy
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17
Q

are the fruits of a thing or additions to or improvements upon a thing (the principal)

A

Accessions

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18
Q

are the things joined to or included with the principal thing for the latter’s embellishment, better use, or completion

A

Accesories

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19
Q

Art.1167 Remedies of Creditor in Positive Personal Obligation

A
  1. To have the obligation performed by himself, or by another, unless personal considerations are involved, at the debtor ‘s expense; and
  2. To recover damages.
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20
Q

is the failure to perform an obligation on time.

A

Delay

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21
Q

Kinds of Delay

A

a. Mora solvendi
b. Mora accipendi
c. Compensatio morae

22
Q

delay on the part of the debtor to fulfill his obligation

A

Mora solvendi

23
Q

delay on the part of the creditor to accept the performance of the obligation

A

Mora accipiendi

24
Q

delay of the obligors in reciprocal obligation

A

Compensatio Morae

25
Q

is any voluntary act or omission, there being no bad faith or malice, which prevents the normal fulfillments of an obligation. It is the failure to exercise the degree of care required by the circumstances

A

Negligence

26
Q

Kinds of negligence

A

a. Contractual Negligence (culpa contractual)
b. Civil Negligence (culpa aquiliana)
c. Criminal Negligence (culpa criminal)

27
Q

negligence in contract resulting in their breach

A

Contractual Negligence

28
Q

negligence which by itself is the source of an obligation between the parties not so related before any pre-existing contract. it is also called quasi-delict

A

Civil Negligence

29
Q

negligence resulting to the commision of a crime.

A

Criminal Negligence

30
Q

any event which cannot be foreseen or which, though foreseen is inevitable. Stated otherwise, it is an event which is either impossible to foresee or impossible to avoid

A

Fortuitous Event

31
Q

those events which are common and which the contracting parties could reasonably foresee.

A

Ordinary

32
Q

those events that are uncommon and which the contracting parties could not have reasonable foreseen

A

Extraordinary

33
Q

usually Acts of God

A

Force Majeure

34
Q

is contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels, or credits

A

Usury

35
Q

Requisites for the Recovery of Interest

A

a. Payment of interest must be expressly stipulated;
b. The agreement must be in writing; and
c. The interest must be lawful

36
Q

is meant interference of a fact not actually known arising from its usual connection with another which is known or proved.

A

Presumption

37
Q

Kinds of Presumptions

A

a. Conclusive
b. Disputable

38
Q

Presumption that cannot be contradicted

A

Conclusive

38
Q

Presumption that can be contradicted or rebutted by presenting proof of the contrary.

A

Disputable

39
Q

is one which is not subject to any condition and no specific date is mentioned for its fulfillment and therefore immediately demandable.

A

Pure Obligation

39
Q

is one whose consequences are subject in one way or another to the fulfillment of a condition

A

Conditional Obligation

40
Q

is a future and uncertain event, upon the happening of which the acquisition or extinguishment of an obligation (or right) subject to it depends.

A

Condition

41
Q

Kinds of Condition

A

a. Suspensive Condition
b. Resolutory Condition

42
Q

one the fulfillment of which will give rise to an obligation (or right)

A

Suspensive Condition

43
Q

one the fulfillment of which will extinguish an obligation (or right) already existing.

A

Resolutory Condition

44
Q

Kinds of Impossible Conditions

A

a. Physically Impossible Condition
b. Legally Impossible Condition

45
Q

When they, in nature of things, cannot exist or cannot be undone

A

Physically Impossible

46
Q

when they are contrary to law, morals, good customs, public order, or public policy

A

Legally Impossible

47
Q

Kinds of Loss

A

a. Physical loss
b. Legal loss

48
Q

when the thing perishes

A

Physical loss

49
Q

when a thing goes out of commerce or when a thing heretofore legal becomes illegal

A

Legal loss

50
Q
A

OBLICON FINALS REVIEW (3 decks)

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