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Oblicon > idunno > Flashcards

idunno Flashcards

1
Q

Real Obligation - Obligation to give
Personal Obligation - Obligation to do or not to do ( positive & negative)

A

ARTICLE 1156

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2
Q

Obligation arises from law, contract, Quasi-contracts, Delict, Quasi-delicts

A

1157

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3
Q

The Parties must abide the terms of the contract

A

1159

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4
Q

Laws that are not stated on the book of law are not demandable, Only those expressly determined are demandable

A

1158

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5
Q

Meeting of minds between 2 parties whereby one binds himself to an obligation

A

Contract

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6
Q

Performance in accordance with the terms of the contract, sincerity and honesty must be observed

A

Compliance in good faith

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7
Q

Talks about Quasi-contracts

A

1160

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8
Q

Kinds of quasi contracts

A

Negotiorum Gestio
Solutio Indebiti

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9
Q

Kinds of contract

a voluntary act

delivery of money or property by mistake

A

Negotiorum Gestio

Solutio Indebiti

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10
Q

Voluntary and unilateral acts by virtue of which the parties become bound to each other for the purpose of no one shall be unjustly eneiched or benefited at the expense of another

A

Quasi Contracts

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11
Q

Talks about obligation arising from criminal offenses / Delicts

A

1161

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12
Q

Every person criminally liable for an act or omission is also civilly liable damages suffered by aggrieved partie

A

Civil Liability in addition to criminal liability

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13
Q

Crimes which cause no material damage like traffic violations

A

Criminal Liability without Civil Liability

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14
Q

A person criminally responsible may still be liable civilly, causing damage to another’s property without malicious or criminal intent ; quasi delict

A

Civil Liability without Criminal Liability

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15
Q

Talks about Obligations derived from quasi delicts

A

1162

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16
Q

an act or omission by a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between the parties.

A

Quasi Delict

17
Q

Talks about those obliged to give something must practice the proper diligence of good father of a family

A

1163

18
Q

Physically segragated from others of the same class

A

Specific/Determinate Thing

19
Q

Cannot be pointed out with particularity

A

Genus/Indeterminate Thing

20
Q

Duties of debtor in obligation to give

A

Preserve or take care of the thing
Delivery the fruits of the thing
Deliver the accessions and accessories
Deliver the thing it self
Answer for the damages in case of non fulfillment or breach

21
Q

Talks about the rights of the creditor to the fruits of the thing

A

1164

22
Q

Spontaneous products of soil

A

Natural Fruits

23
Q

produced by lands of any kind through cultivation pf labor

A

Industrial fruits

24
Q

derived by virtue of a Juridical relation

A

civil fruits

25
Q

Birth of the contract

A

Perfection of the Contract

26
Q

right or power of a person to demand from another, as a definite passive subject, the fulfillment of the latter’s obligation to give to do or not to do.

right to demand on specific person

A

Personal right

27
Q

right or interest of a person over a specific thing like ownership possession or mortgage, without a definite passive subject against home the right may be personally enforced.

you already owned the property, so your right is against everyone

A

Real right

28
Q

Talks about the remedies of Creditor in a real Obligation whether generic or specific

If the thing is specific, he may compel the debtor

IF the thing is generic, he may aske the obligation be complied at the expense of the debtor

A

1165

29
Q

Remedy of Specific Real Obligation

A

• demand specific performance or fulfillment
• demand recession are cancellation
• demand payment of damages only,

30
Q

Remedy of Generic real Obligation

A

Can be performed by a third person

31
Q

Talks about the delivery of the inclusions of determinate thing, accessions and accessories

A

1166

32
Q

Fruits of a thing or additions to or improvements upon a thing

A

Accessions

33
Q

Things joined to or included with the principal thing

A

accessories

34
Q

Talks about if a person obliged to do something fails to do it, the same shall be executed at his cost. the same rule shall be observed if he does it in contravention of the tenor of the obligation. furthermore it may be decreed that what has been poorly done be undone.

A

1167

35
Q

Remedy of the creditor in positive personal Obligation

A

to have the obligation performed by himself or by another which is the third person.

to recover damages.

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