HO_02 Flashcards

1
Q

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

A

Law on Obligations and Contracts

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2
Q

It is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something (giving, doing, or not doing)

A

Obligation

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3
Q

Under our system of law, where is the law on obligations and contract found?

A

New Civil Code

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4
Q

The topics pertaining to Obligations are contained in Articles _________

A

1156-1304

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5
Q

The topics pertaining to Contracts are contained in Articles

A

1305-1422

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6
Q

The backbone of the Law on Sales, Agency,
Partnership, Barter etc.

A

Obligations and Contracts

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7
Q

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

A

Article 1156

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8
Q

What is a juridical necessity and what does it imply?

A

It basically means that in case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment.

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9
Q

Essential requisites of an obligation

A

Passive subject
Active subject
Object or prestation
Juridical tie or Legal tie

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10
Q

The act or performance which the law will enforce.

A

Obligation

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11
Q

The power which a person has under the
law, to demand from another any prestation/object.

A

Right

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12
Q

An act or omission of one party in violation of the legal right or rights of another, causing injury to the latter.

A

Wrong (cause of action)

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13
Q

Kind of Obligations according to subject matter:

A

Real obligation (Obligation to give)
Personal obligation (Obligation to do or not to do)
- Positive personal
- Negative personal

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