Law Chapter 2

Question 1

This delay is merely the failure to perform an obligation on time

Answer 1

Ordinary Delay

Question 2

This delay is the failure to perform an obligation on time which failure constitutes a breach of the obligation.

Answer 2

Legal Delay or Mora or Default

Question 3

These are the delays on the part of the debtor to fulfill his obligation

Answer 3

Mora Solvendi

Question 3

What are the 3 kinds of delay or default?

Answer 3

1. Mora Solvendi
2. Mora Accipiendi
3. Compensatio Morae

Question 3

These are delays on the part of the creditor to accept the performance of the obligation

Answer 3

Mora Accipiendi

Question 3

This is the deliberate or intentional evasion of the normal fulfillment of an obligation. As a ground for damages, it implies some kind of malice or dishonesty and it cannot cover cases of mere mistake and errors of judgement made in good faith. So this is synonymous to bad faith in that it involves a design to mislead or deceive another

Answer 3

Fraud/Deceit/Dolo

Question 4

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

Answer 4

Negligence/Fault/Culpa

Question 4

These are the delay of the obligors in reciprocal obligations, so the delay of the obligor cancels the delay of the obligee and vice versa, end result being no actionable default on the part of both parties

Answer 4

Compensatio Morae

Question 5

What are the 2 types of Dolo?

Answer 5

Dolo Incidente
Dolo Causante

Question 5

Delay/Mora is part of article 1170 based on what article?

Answer 5

Delays are referenced in Article 1169

Question 5

This is the violations of the terms and conditions stipulated in the obligation without justifiable excuse or reason. This action must not be due to a fortuitous event or force majeure

Answer 5

Contravention of the terms of the obligation

Question 6

Difference between Fraud and Negligence

Answer 6

1. Fraud has deliberate intention to cause damage or injury, which is not the case in negligence
2. You cannot waive the liability of fraud, but in some cases of negligence you can
3. Fraud needs to be clearly proved, but negligence can be presumed.
4. Liability from fraud cannot be mitigated cannot be reduced by the courts, for negligence it can be reduced depending on the circumstances.

Question 7

What are the 3 kinds of Negligence

Answer 7

1. Culpa Contractual (Contractual Negligence)
2. Culpa Aquiliana (Civil Negligence)
3. Culpa Criminal (Criminal Negligence)
   In all cases, the aggrieved part cannot recover damages twice for the same negligent act

Question 7

This is the negligence in contracts that result in their breach

Answer 7

Contractual Negligence or Culpa Contractual

Question 8

This is the negligence which by itself is the source of an obligation between parties not related before any pre existing contract
Otherwise known as a tort or quasi delict

Answer 8

Culpa Aquiliana or Civil Negligence

Question 9

This is the negligence resulting in the commission of a crime

Answer 9

Culpa Criminal or Criminal Negligence

Question 9

According to the supreme court, this is defined as “the failure to observe for the protection of the interests of another person, that degree of are, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.”

Answer 9

Negligence

Question 9

What are the 4 factors in determining negligence

Answer 9

Factors are
Nature of the obligation
Circumstances of the person
Circumstances of Time
Circumstances of Place

Question 9

This is any event which cannot be foreseen, or which, even if foreseen, is inevitable. So either impossible to see or impossible to avoid

Answer 9

Fortuitous Event

Question 9

What are the 2 types of Fortuitous events?

Answer 9

1. Acts of Man - Fires, Robbery, Murder (Independent of the will of the obligor)
2. Acts of God - Refers to Majeur, or events which are independent of the will of every human being.

Question 10

This is the right 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

Answer 10

Personal Right
-Binding or Enforceable only against a particular person

Question 10

The right or interest of a person over a specific thing, without a definitive passive subject against whom the right may be personally enforced

Answer 10

Real Right
-Directed against the whole world

Question 11

“Genus Nonquam Perit”

Answer 11

“Class/Genus Never Perishes”

Question 12

These are the fruits, or additions to, or improvements upon a thing

Answer 12

Accession

Question 13

Things joined to, or included in the principal thing for the latter's embellishment, better use, or completion.

Answer 13

Accessory

Question 14

This is a contract whereby one of the parties delivers to another, money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. It may be with gratuity or with stipulation to pay interest

Answer 14

Simple Loan or Mutuum Gratuity in this case means with no charge or compensation (compared to regular use which means with tip

Question 15

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

Answer 15

Usury (Basically refers to interest limit, if you go over the special laws you are guilty of committing it) Usury laws are designed to prevent exploitation and ensure fairness in lending practices. Example: If the law in a particular area sets a maximum interest rate of 12% per year, and a lender charges 20% interest, this would be considered usury. The borrower might be entitled to legal remedies, such as having the interest reduced to the legal limit or the contract voided.

Question 16

Is meant as the inference of a fact not actually known, arising from its usual connection with another which is known or proved.

Answer 16

Presumption

Question 17

What are the 2 types of presumption?

Answer 17

1. Conclusive Presumption - One that cannot be contradicted or disputed, not because it is impossible, but because we shouldn't contradict them to keep the legal system stable. 2. Disputable Presumption - one that can be contradicted or rebutted by presenting proof to the contrary. - Article 1176 is a Disputable Presumption about interest