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