Lesson 1: General Provisions Flashcards
An __________ is a juridical necessity to do, to give, or not to do.
Obligation
Includes all kinds of work and services
To do
A prestation which consists in the delivery of a movable or immovable thing in order to create a real right, or for the use of the recipient
To give
It is a claim or title to an interest in anything whatsoever that is enforceable by law.
Right
A power, privilege, immunity guaranteed under a constitution, statute, or decisional law, recognized as a result of long usage, constitutive of a legally enforceable claim of one person against the other.
Right
T or F: For every obligation enjoyed by any person, there is a corresponding obligation on the part of another person to respect such a right.
False
An _______ is a juridical relation whereby a person (called the creditor) may demand from another (debtor) the observance of a determinative conduct and in case of breach, may demand satisfaction from the assets of the latter.
Obligation
One by which a party sues another for the enforcement or protection of a right, or the prevention of redress of a wrong.
Civil Action
The act or omission by which a party violates a right of another.
Cause of Action
Three essential elements of a Cause of Action
- Legal Right of the Plaintiff
- Correlative Obligation of the Defendant
- The act or omission of the defendant in violation of said Legal Right.
The part who brings a civil suit in a court of law.
The person who files the complaint in court.
Plaintiff
Sued in a civil proceeding.
The person who is required to answer the complaint in court.
Defendant (Respondent)
Obligation of the debtor or obligor to deliver a thing, movable or immovable to the creditor or obligee for the purpose of transferring ownership or for the use or possession of the recipient
Real Obligation (Obligation To Give)
Deliver a determinate or specific thing to the creditor or obligee.
A thing is determinate, it is particularly designated or physically segregated from all others of the same class.
Determinate or Specific Real Obligation
To deliver an indeterminate or generic thing to the creditor or obligee.
A thing is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class.
Indeterminate or Generic Real Obligation
Positive Personal Obligation
Obligation to do
Negative Personal Obligation
Obligation not to do
The obligation of the debtor or obligor to perform some work or service for the creditor or obligee.
Positive Personal Obligation (Obligation to do)
The obligation of the debtor or obligor not to perform some act in favor of the creditor or obligee.
Negative Personal Obligation (Obligation Not To Do)
The Four Essential Elements of an Obligation
- Passive Subject (Debtor or Obligor)
- Active Subject (Creditor or Obligee)
- Object (Prestation)
4.Juridical or Legal Tie (Efficient Cause or Vinculum Juris)
What article is obligation arise from: 1. Law;
2. Contracts;
3. Quasi- contracts;
4. Acts of Ommission punishable by law or Delicts;
5. Quasi-Delicts
Article 1157
It is a rule of conduct, just, obligatory, promulgated by legitimate authority, and of coming observance and benefit.
Law
A meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Contracts
A contract undergoes various stages that includes its ____ or ____, ____, it’s _____ and, finally it’s ______.
- Negotiation or Preparation
- Perfection
- Consummation
T or F: It is fundamental that a contract is the law between the parties.
True
Meaning of Quasi
Latin term for As if
