Lesson 2 Flashcards

1
Q

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

A

Art. 1156 Civil Code

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2
Q

An _______ Is a legal duty, however created, the violayion which may become a basis of an action of law

A

Obligation

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3
Q

________ 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.

A

Juridical necessity

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4
Q

Obligee or creditor, one who has the power to demand the prestation.

A

Active Subject

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5
Q

Obligor or debtor, one whp is bound to perform the prestation

A

Passive Subject

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6
Q

The object or undertaking to give, to do or not to do.

A

Object or Prestation

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7
Q

The vinculum which binds the parties based on the sources of obligation

A

Juridical or legal tie

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8
Q

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.

A

Damages

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9
Q

Intent to evade the normal fulfillment of the obligation and to cause damage.

A

Fraud

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10
Q

The lack of diligence or carelessness. Omission of that required diligence.

A

Negligence

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11
Q

The delay or default in the fulfillment of an obligation after the creditor has made a demand, judicial or extrajudicial;

A

Delay

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12
Q

Performance is contrary to what is agreed upon or stipulated thus making the debtor liable for damages.

A

Contravention of the tenor of the obligation.

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13
Q

Obligations provided by laws.

A

Law

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14
Q

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.

A

Contracts

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15
Q

Lawful, voluntary, and unilateral contract based on the maxim one shall not unjustly enrich himself at the expense of another.

A

Quasi - Contracts

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16
Q

Unspoken rule or contract

A

“as if there is contract”

17
Q

Obligation to return something which is paid and received by mistake

A

Solutio Indebiti

18
Q

Obligation to return the profits and the management of a business taken over by another person without the consent of the owner.

A

Negotiorum Gestio

19
Q

These refers to crimes or offenses under the Revised Penal Code.

A

Acts or omissions punishable by law.

20
Q

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.

A

Quasi - delicts

21
Q

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.

A

Consent

22
Q

The subject matter of the contract

A

Object certain

23
Q

Its validity and performance cannot be left to the will of only one of the parties.

A

Mutuality of contracts

24
Q

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.

A

Autonomy of contracts

25
Q

Contracts are binding only upon the parties and their successors in interest.

A

Relativity of contracts

26
Q

Perfected by mere consent and no form is generally prescribed by law.

A

Consensuality of contracts

27
Q

The contracts constitutes as law to the parties who are compelled to perform under threat of being sued.

A

Obligatory force

28
Q

One is not subject to any condition and no specific date is mentioned for its fulfillment and is therefore, immediately demandable.

A

Pure Obligation

29
Q

One whose consequences a subject in one way or another to the expiration of the said period or term.

A

Obligation with a period

30
Q

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.

A

Joint Obligation

31
Q

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.

A

Solidary Obligation

32
Q

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.

A

Obligation with a Penal Clause

33
Q

Article ____ under Mode of Extinguishing Obligations

A

Article. 1231

34
Q

Article _____ under CONTRACTS

A

Article. 1305