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Legal Aspect Prelims > M1U2 > Flashcards

M1U2 Flashcards

1
Q

Art. 1156?

A

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

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2
Q

Obligation comes from the Latin word

A

Obligatio

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3
Q

obligatio means?

A

tying or binding

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4
Q

Obligation is a juridical necessity to?

A

To give, to do, or not to do

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5
Q

Obligations that give to the creditor or obligee a right under the law to enforce their performance in courts of justice.

A

Civil Obligation

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6
Q

Obligations that do not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor

A

Natural Obligation

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7
Q

Essential Requisites of an Obligation?

A

Passive Subject
Active Subject
Object or prestation
Juridical or legal tie

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8
Q

Passive subject

A

debtor or obligor

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9
Q

Active subject

A

creditor or obligee

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10
Q

subject matter of the obligation

A

Object or prestation

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11
Q

the act or performance that the law will enforce

A

Obligation

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12
Q

the power that a person has under the law, to demand from another any prestation

A

Right

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13
Q

an act or omission in violation of the legal right or rights of another

A

Wrong (cause of action)

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14
Q

Kinds of Obligations According to Subject Matter?

A

Real Obligation
Personal Obligation

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15
Q

obligation to give?

A

Real obligation

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16
Q

the subject matter is a thing that the obligor must deliver to the obligee.

A

Real obligation

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17
Q

Two Kinds of Real Obligation?

A

Generic & Specific Real Obligation

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18
Q

to give a generic or indeterminate object

A

Generic Real Obligation

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19
Q

to give a specific or determinate object

A

Specific Real Obligation

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20
Q

obligation to do or not to do?

A

Personal obligation

21
Q

the subject matter is an act to be done or not to be done.

A

Personal obligation

22
Q

Two Kinds of Personal Obligation?

A

Positive and Negative Personal Obligation

23
Q

obligation to do or to render service

A

Positive personal obligation

24
Q

obligation not to do

A

Negative personal obligation

25
Q

Sources of Obligations

A
  1. Law;
  2. Contracts;
  3. Quasi-contracts;
  4. Acts or omissions punished by law; and
  5. Quasi-delicts
26
Q

obligations imposed by law itself.

A

Law

27
Q

obligations arising from the stipulation of the parties

A

Contracts

28
Q

obligations arising from lawful, voluntary, and unilateral acts that are enforceable so that no person shall be unjustly enriched or benefited at the expense of another

A

Quasi-contracts

29
Q

obligations arising from civil liability as a consequence of a criminal offense

A

Crimes or acts or omissions punished by law

30
Q

obligations arising from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties.

A

Quasi-delicts or torts

31
Q

Obligations derived from law are not presumed. Only those expressly determined in the Civil Code or in special laws are demandable.

A

Legal Obligations

32
Q

Art. 1157

A

Sources of Obligation

33
Q

Art. 1158?

A

Obligations derived from law

34
Q

those not contained in the Civil Code

A

Special laws

35
Q

Revised Penal Code, National Internal Revenue Code, Securities Regulation Code, Revised Corporation Code, Negotiable Instruments Law, Insurance Code, Labor Code, is an example of?

A

Special laws

36
Q

Art. 1160?

A

Obligations arising from quasi-contracts

37
Q

Kinds of Quasi-contracts?

A

Negotiorum gestio
Solutio indebiti

38
Q

the voluntary management of the property or affairs of another without the knowledge or consent of the latter

A

Negotiorum gestio

39
Q

the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake

A

Solutio indebiti

40
Q

Art. 1161?

A

Obligations arising from crimes

41
Q

a person who is criminally liable is also

A

civilly liable

42
Q

Art. 1162?

A

Obligations arising from quasi-delict

43
Q

There is malice or intent.

A

Crime

44
Q

There is only negligence, imprudence, lack of foresight or lack of skill.

A

Quasi-delict

45
Q

Offender is criminally and civilly liable.

A

Crime

46
Q

Offender is civilly liable only.

A

Quasi-delict

47
Q

Purpose is to compensate the offended party for the damages sustained.

A

Quasi-delict

48
Q

Purpose is to punish the offender.

A

Crime

Legal Aspect Prelims (3 decks)

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