Lesson 1: General Provisions

Question 1

An __________ is a juridical necessity to do, to give, or not to do.

Answer 1

Obligation

Question 2

Includes all kinds of work and services

Answer 2

To do

Question 3

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

Answer 3

To give

Question 4

It is a claim or title to an interest in anything whatsoever that is enforceable by law.

Answer 4

Right

Question 5

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.

Answer 5

Right

Question 6

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.

Answer 6

False

Question 7

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.

Answer 7

Obligation

Question 8

One by which a party sues another for the enforcement or protection of a right, or the prevention of redress of a wrong.

Answer 8

Civil Action

Question 9

The act or omission by which a party violates a right of another.

Answer 9

Cause of Action

Question 10

Three essential elements of a Cause of Action

Answer 10

1. Legal Right of the Plaintiff
2. Correlative Obligation of the Defendant
3. The act or omission of the defendant in violation of said Legal Right.

Question 11

The part who brings a civil suit in a court of law.

The person who files the complaint in court.

Answer 11

Plaintiff

Question 12

Sued in a civil proceeding.

The person who is required to answer the complaint in court.

Answer 12

Defendant (Respondent)

Question 13

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

Answer 13

Real Obligation (Obligation To Give)

Question 14

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.

Answer 14

Determinate or Specific Real Obligation

Question 15

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.

Answer 15

Indeterminate or Generic Real Obligation

Question 16

Positive Personal Obligation

Answer 16

Obligation to do

Question 17

Negative Personal Obligation

Answer 17

Obligation not to do

Question 18

The obligation of the debtor or obligor to perform some work or service for the creditor or obligee.

Answer 18

Positive Personal Obligation (Obligation to do)

Question 19

The obligation of the debtor or obligor not to perform some act in favor of the creditor or obligee.

Answer 19

Negative Personal Obligation (Obligation Not To Do)

Question 20

The Four Essential Elements of an Obligation

Answer 20

1. Passive Subject (Debtor or Obligor)
2. Active Subject (Creditor or Obligee)
3. Object (Prestation)
   4.Juridical or Legal Tie (Efficient Cause or Vinculum Juris)

Question 21

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

Answer 21

Article 1157

Question 22

It is a rule of conduct, just, obligatory, promulgated by legitimate authority, and of coming observance and benefit.

Answer 22

Law

Question 23

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.

Answer 23

Contracts

Question 24

A contract undergoes various stages that includes its ____ or ____, ____, it’s _____ and, finally it’s ______.

Answer 24

1. Negotiation or Preparation
2. Perfection
3. Consummation

Question 25

T or F: It is fundamental that a contract is the law between the parties.

Answer 25

True

Question 26

Meaning of Quasi

Answer 26

Latin term for As if