Law Terms

Question 1

creditor / obligee

Answer 1

The party who has the right to demand a particular conduct of behavior or prestation from the debtor

Question 2

debtor / obligor

Answer 2

The party who has the duty to fulfill an obligation

Question 3

Object / prestation

Answer 3

a) a thing that must be given;
b) a thing that must not be given:
c) a service or an act that must be done; or
d) a service or an that must not be done.

The object or prestation must be lawful, possible, determinate or determinable, useful and capable of pecuniary estimation. If the object of the obligation is contrary to one of these, then the obligation is defective in some way

Question 4

juridical tie

Answer 4

Also known as the vinculum, this is the reason

that causes an obligation to arise.

Question 5

juridical necessity

Answer 5

In a civil obligation, the creditor or obligee may file a case in court to demand and enforce her rights.

Question 6

Law

Answer 6

is a rich source of obligations, an obligation that may be owed to the State or for the benefit of private persons.

Question 7

Contracts

Answer 7

a meeting of minds whereby one binds oneself with respect to the other to give something or to render some service.

Question 8

Quasi-contracts

Answer 8

Pertains to certain lawful, voluntary, unilateral acts which give rise to a juridical relation to the end that no person may unjustly enrich herself or benefit at the expense of another.

Question 9

Acts or omissions punished by law

Answer 9

these are also called delicts or crimes. Article 100 of the Revised Penal Code provides that every person who is criminally liable is also civilly liable.

Question 10

Quasi-delicts or torts

Answer 10

consist of voluntary but negligent acts not punishable under criminal law between parties who have no preexisting contractual relationship.

Question 11

Negotiorum gestio

Answer 11

A Quasi-contract. which is also called the case of the officious manager. Article 2144 states that whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute her, if the owner is in a position to do so. Negotiorum gestio does not arise if the business or property was in fact not abandoned, or if the owner of the business or property tacitly authorized the person who voluntarily takes charge or manages.

The specific obligation of the business or property owner is to: 1) pay for obligations incurred in his interest (e.g. loans that were used to preserve the business or property), and 2) reimburse the officious manager for the necessary and useful expenses, and for the damages which the officious manager may have suffered in the performance of his duties. Absence of consent is not an excuse for the business or property owner to not comply with his/her obligation.

Question 12

Solutio indebiti

Answer 12

A Quasi Contract. . This situation involves
payment by mistake. Thus, if a thing is received by a person who has no right to demand it, and if that thing was unduly delivered through mistake, said recipient has the obligation to return it.

Question 13

Other Quasi-Contracts

Answer 13

1. when, without the knowledge of the person obliged to give support, said support is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that she gave it out of pity
   and without intention of being repaid;
2. when funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the
   latter claim reimbursement;
3. when during a fire, flood, storm, or other calamities, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation;

Question 14

Restitution

Answer 14

The restoration or return of the thing which is the object of the crime.

Question 15

Damages

Answer 15

Damages’ refers to the sum of money which the law awards or imposes as pecuniary compensation, recompense, or satisfaction for an injury done or a wrong sustained as a consequence of either a breach of a contractual obligation or a tortuous or illegal act

Question 16

Damage

Answer 16

Which pertains to the actionable loss, hurt or harm which results from the unlawful act, omission or negligence of another.