Law on Obligations (Definition of Terms)

Question 1

A juridical necessity to give, to do or not to do.

Answer 1

Obligation

Question 2

Lawful, voluntary and unilateral acts give rise to jurdical relation to the end that no one shall be unjustly enriched or benefited at the expense of another.

Answer 2

Quasi-contracts

Question 3

Voluntary management of the property or affairs of another without the knowledge or consent of the latter.

Answer 3

Negotiorum gestio

Question 4

Juridical relationship which is created when something is received when there is no right to demand for it and it was delivered through mistake.

Answer 4

Solutio indebiti

Question 5

Acts or omissions punishable by law

Answer 5

Delicts

crimes

Question 6

Acts or omissions causing damage or injury to another person due to the fault or negligence of another person but there is no pre-existing contract between them

Answer 6

Quasi-delicts/ culpa aquiliana/ torts

Question 7

The prestation, act or service constituting the object of the obligation (to give, to do or not to do)

Answer 7

Object

Question 8

A thing which is particularly designated or physically segregated from all of the same class

Answer 8

Specific or determinate thing

Question 9

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

Answer 9

Generic or indeterminate thing

Question 10

things* joined to the principal thing* for its better use, embellishment, or completion

BEC

Answer 10

Accessories

Question 11

Fruits of a thing or anything produced by it, attached or incorporated thereto as an addition or improvement

Answer 11

Accessions

Question 12

Includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury

Answer 12

Moral Damages

Question 13

Corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages

Answer 13

Exemplary Damages

Question 14

Adjudicated in order that a right of a person, which has been violated or invaded by another, may be vindicated or recognized

Answer 14

Nominal Damages

Question 15

Moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty

Answer 15

Temperate Damages

Question 16

Adequate compensation only for such pecuniary loss suffered by a person as duly proved

Answer 16

Actual Damages

Question 17

Agreed upon by the parties to a contract, to be paid in case of breach thereof

Answer 17

Liquidated Damages

Question 18

Consists in the ommission of that diligence which is required by the nature of the obligation corresponding to the circumstances of the person, of the time and of the place.

Answer 18

Negligence

Test: Deligence of a good father of a family

Question 19

Events that cannot be foreseen or although foreseeable are inevitable

Answer 19

Fortuitous Event

Question 20

Exercise all rights and actions of the debtor except those which are inherent in his person

Answer 20

accion subrogatoria

Question 21

Rescind contracts entered into by the debtor to defraud the creditor

Answer 21

accion pauliana

Question 22

An obligation which is not subject to any condition; no specific date is mentioned for its fulfillment; demandable at once

Answer 22

Pure obligation

Question 23

An obligation which is subject to the fulfillment of an obligation

Answer 23

Conditional obligation

Question 24

Capable of fulfillment, legally or physically

Answer 24

Possible condition

Question 25

If the condition is **not capable** of fulfillment, legally or physically

Answer 25

Impossible condition

Question 26

an act is supposed to be performed

Answer 26

Positive condition

Question 27

An act is supposed to be ommited

Answer 27

Negative condition

Question 28

The condition **depends upon the will** of one of the contracting parties

Answer 28

Potestative

Question 29

The condition *depends upon chance or upon the will* of a **third person**

Answer 29

Casual condition

Question 30

The condition depends *partly upon chance* and *partly upon the will* of a third person

Answer 30

Mixed condition

Question 31

One whose consequences are *subjected* in one way or another **to the expiration** of said **period or term**

Answer 31

Obligation with a Period

Question 32

A **future and certain event** upon the arrival of which the *obligation* subject to it either *arises or is terminated*

Answer 32

Period

Question 33

An obligation where *several prestations are due* but the **performance of one is sufficient**

Answer 33

Alternative obligation

Question 34

An obligation where *only one prestation has been agreed upon* but the **obligor may render another** in substitution

Answer 34

Facultative obligation

Question 35

An obligation where the whole obligation is *paid or fulfilled* *proportionately* by **different debtors** and/ or is to be *demanded proportionately* by **different creditors**

Answer 35

Joint obligation

Question 36

An obligation where *each one of the debtors is bound to render*, and/ or *each one of the creditors has a right to demand from any of the debtors*, entire compliance with the prestation.

Answer 36

Solidary obligation

Question 37

An obligation where the object in its delivery or performance, is **capable of partial fulfillment**

Answer 37

Divisible obligation

Question 38

An obligation where the object in its delivery or performance, is **not capable of partial fulfillment**

Answer 38

Indivisible obligation

Question 39

Where the *parties are merely **proportionately** liable* but the *object or subject matter thereof is **not physically divisible*** in different parts

Answer 39

Joint indivisble obligation

Question 40

An obligation which **contains an accessory** undertaking to pay previously *stipulated indemnity in case of breach*

Answer 40

Obligation with a Penal Clause

Question 41

The **delivery of the sum** or **thing due** or the **performance of the obligation** in any other manner

Answer 41

Payment or performance

Question 42

**Designation of the debt** to which the *payment must be applied when the debtor has several obligations of the same kind in favor of the same creditor*

Answer 42

Application of Payment

Question 43

Property **alienated** by the debtor to the creditor *in satisfaction of the debt in money*; the **transmission of the ownership of a thing by the debtor to the creditor** as an accepted equivalent of the performance of the obligation

Answer 43

Dation in Payment ## Footnote governed by Law on Sales

Question 44

**Debtor abandons all of his properties for the benefit of his creditors** in order that from the proceeds thereof, the latter may obtain payment of their credits

Answer 44

Payment by Cession ## Footnote governed by OBLICON

Question 45

**Deposit of** the object of the **obligation in a competent court** in accordance with the rules prescribed by law after **refusal or inability of the creditor to accept** the tender of payment

Answer 45

Consignation

Question 46

The **gratuitous abandonment by the creditor of his right** against the debtor. A form of donation.

Answer 46

Remission or Condonation

Question 47

Merger of characteristics of the creditor and the debtor in one and the same person by virtue of which the obligation is extinguished

Answer 47

Confusion or Merger of Rights

Question 48

**Extinguishment in the concurrent amount** of the obligation of those persons who are reciprocally debtors and ceditors of each other

Answer 48

Compensation

Question 49

**Substitution or change of an obligation** by another, resulting in the extinguishment or modification: a. changing the object or principal conditions (objective) b. substituting another in place of debtor (passive subjective) c. by subrogating a third person in the rights of the creditor (active subjective)

Answer 49

Novation

Question 50

*Substitution of the old debtor by a third person* **without the knowledge or against the will of the old debtor** but the *third person acts on his own initiative* to assume the debtor's obligation with the consent of the creditor.

Answer 50

Expromission ## Footnote It is essential that old debtor be released from his obligation

Question 51

*Substitution of the old debtor*, when the **creditor accepts a third person** to take place of the debtor at the instance of the latter. The **creditor may withheld approval.**

Answer 51

Delegacion ## Footnote ALL parties must agree

Question 52

An obligation performance of which does **not depend** upon a future or uncertain event, or upon a past event unknown to the parties

Answer 52

Pure Obligation

Question 52

A kind of obligation where **each one of the debtors is proportionately liable** and the **object is not physically divisible** into different parts.

Answer 52

Joint-indivisible Obligation

Question 53

The **passage of time** which extinguishes the obligation

Answer 53

Presciption

Question 54

The **failure to observe the care** that the law requires to be observed in a given situation

Answer 54

Negligence

Question 55

An obligation where **only one prestation** has been agreed upon

Answer 55

Simple Obligation

Question 56

The person who is **bound to the fulfillment** of an obligation

Answer 56

Passive Subject

Question 57

The delay which is tantamount to **non-fulfillment of the obligation** which **arises after an extra-judicial or judicial demand** has been made upon the debtor

Answer 57

Default

Question 58

The **act of offering the creditor what is due** him together with a demand that the creditor accept the same

Answer 58

Tender of Payment

Question 59

Obligation which is susceptible of **partial performance** based on the purpose of the obligation

Answer 59

Divisible Obligation

Question 60

Condition **precedent** or condition **antecedent**, or on the *fulfillment of which will give rise to an obligation*.

Answer 60

Suspensive Condition

Question 61

Condition **subsequent**, or on the *fulfillment of which will extinguish* an obligation

Answer 61

Resolutory Condition