Lesson 2 Flashcards
An obligation is a juridical necessity to give, to do, or not to do.
Art. 1156 Civil Code
An _______ Is a legal duty, however created, the violayion which may become a basis of an action of law
Obligation
________ mans that the obligayion must be complide with, otherwise there may be penalties, punishments and the cpirtd may be called upon to enfore the obligation.
Juridical necessity
Obligee or creditor, one who has the power to demand the prestation.
Active Subject
Obligor or debtor, one whp is bound to perform the prestation
Passive Subject
The object or undertaking to give, to do or not to do.
Object or Prestation
The vinculum which binds the parties based on the sources of obligation
Juridical or legal tie
When you have suffered harms and losses as a result of somebody’s negligence of wrongful act, the civil law entitled you to seek compensation for those harm and injuries.
Damages
Intent to evade the normal fulfillment of the obligation and to cause damage.
Fraud
The lack of diligence or carelessness. Omission of that required diligence.
Negligence
The delay or default in the fulfillment of an obligation after the creditor has made a demand, judicial or extrajudicial;
Delay
Performance is contrary to what is agreed upon or stipulated thus making the debtor liable for damages.
Contravention of the tenor of the obligation.
Obligations provided by laws.
Law
Meeting of minds between two or more persons whereby one binds himself with respect to the other to give something or to render some service.
Contracts
Lawful, voluntary, and unilateral contract based on the maxim one shall not unjustly enrich himself at the expense of another.
Quasi - Contracts
Unspoken rule or contract
“as if there is contract”
Obligation to return something which is paid and received by mistake
Solutio Indebiti
Obligation to return the profits and the management of a business taken over by another person without the consent of the owner.
Negotiorum Gestio
These refers to crimes or offenses under the Revised Penal Code.
Acts or omissions punishable by law.
Any act or ommisipn which causes damage to another, there being fault or negligence, and there no being pre-existing contractual relations between the parties.
Quasi - delicts
Manifested by the meeting of he minds of the offer and the acceptance of the offer upon the Thing and the cause which are to constitute the contract.
Consent
The subject matter of the contract
Object certain
Its validity and performance cannot be left to the will of only one of the parties.
Mutuality of contracts
Parties are free to stipulate terms and provisions as long as these are not contrary to law, morals, good customs, public order and public policy.
Autonomy of contracts
Contracts are binding only upon the parties and their successors in interest.
Relativity of contracts
Perfected by mere consent and no form is generally prescribed by law.
Consensuality of contracts
The contracts constitutes as law to the parties who are compelled to perform under threat of being sued.
Obligatory force
One is not subject to any condition and no specific date is mentioned for its fulfillment and is therefore, immediately demandable.
Pure Obligation
One whose consequences a subject in one way or another to the expiration of the said period or term.
Obligation with a period
One where two or more creditors or debtors, concur in one and the same obligation and there is no right to demand not a duty on the part of each other to render entire compliance f the entire obligation.
Joint Obligation
One where two or more creditors or debtors, concur in one and the same obligation and there is right to demand or a duty on the part of each other to render entire compliance of the entire obligation.
Solidary Obligation
An obligation which contains an accessory obligatioj imposing upon the obligor additional burfens or which operates as a previously stipulated indemnity, for the purpose of securing the performance of the principal obligation.
Obligation with a Penal Clause
Article ____ under Mode of Extinguishing Obligations
Article. 1231
Article _____ under CONTRACTS
Article. 1305
