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RFBT > Law on Obligations (Definition of Terms) > Flashcards

Law on Obligations (Definition of Terms) Flashcards

1
Q

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

A

Obligation

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2
Q

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.

A

Quasi-contracts

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3
Q

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

A

Negotiorum gestio

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4
Q

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

A

Solutio indebiti

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5
Q

Acts or omissions punishable by law

A

Delicts

crimes

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6
Q

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

A

Quasi-delicts/ culpa aquiliana/ torts

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7
Q

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

A

Object

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8
Q

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

A

Specific or determinate thing

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9
Q

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

A

Generic or indeterminate thing

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10
Q

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

A

Accessories

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11
Q

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

A

Accessions

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12
Q

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

A

Moral Damages

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13
Q

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

A

Exemplary Damages

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14
Q

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

A

Nominal Damages

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15
Q

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

A

Temperate Damages

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16
Q

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

A

Actual Damages

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17
Q

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

A

Liquidated Damages

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18
Q

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.

A

Negligence

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19
Q

Events that cannot be foreseen or although foreseeable are inevitable

A

Fortuitous Event

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20
Q

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

A

accion subrogatoria

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21
Q

Rescind contracts entered into by the debtor to defraud the creditor

A

accion pauliana

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22
Q

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

A

Pure obligation

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23
Q

An obligation which is subject to the fulfillment of an obligation

A

Conditional obligation

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24
Q

Capable of fulfillment, legally or physically

A

Possible condition

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25
Q

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

A

Impossible condition

26
Q

an act is supposed to be performed

A

Positive condition

27
Q

An act is supposed to be ommited

A

Negative condition

28
Q

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

A

Potestative

29
Q

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

A

Casual condition

30
Q

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

A

Mixed condition

31
Q

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

A

Obligation with a Period

32
Q

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

A

Period

33
Q

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

A

Alternative obligation

34
Q

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

A

Facultative obligation

35
Q

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

A

Joint obligation

36
Q

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.

A

Solidary obligation

37
Q

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

A

Divisible obligation

38
Q

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

A

Indivisible obligation

39
Q

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

A

Joint indivisble obligation

40
Q

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

A

Obligation with a Penal Clause

41
Q

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

A

Payment or performance

42
Q

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

A

Application of Payment

43
Q

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

A

Dation in Payment

governed by Law on Sales

44
Q

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

A

Payment by Cession

governed by OBLICON

45
Q

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

A

Consignation

46
Q

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

A

Remission or Condonation

47
Q

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

A

Confusion or Merger of Rights

48
Q

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

A

Compensation

49
Q

Substitution or change of an obligation by another, resulting in the extinguishment or modification

A

Novation

50
Q

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.

A

Expromission

It is essential that old debtor be released from his obligation

51
Q

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.

A

Delegacion

ALL parties must agree

52
Q

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

A

Pure Obligation

52
Q

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

A

Joint-indivisible Obligation

53
Q

The passage of time which extinguishes the obligation

A

Presciption

54
Q

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

A

Negligence

55
Q

An obligation where only one prestation has been agreed upon

A

Simple Obligation

56
Q

The person who is bound to the fulfillment of an obligation

A

Passive Subject

57
Q

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

A

Default

58
Q

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

A

Tender of Payment

59
Q

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

A

Divisible Obligation

RFBT (8 decks)

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