MidTerm Summary Flashcards
1
Q
– those derived from the nature of the contract and ordinarily accompany the same.
A
Natural
2
Q
Those which lack individuality and are not regulated by special provisions of law. It is regulated by the stipulations of the parties by the general provisions of the CC on obligations & contracts, by the rules governing the most analogous nominate contracts & by the customs of the place.
A
Innominate Contracts
3
Q
CHARACTERISTICS OF CONTRACTS: (ROMA)
A
- Relativity (Art 1311)
- Obligatoriness & Consensuality (Art 1315)
- Mutuality (Art 1308)
- Autonomy (Art 1306)
4
Q
– obligations to give
A
Real Obligations
5
Q
– fulfillment of the condition depends partly upon chance and/or the will of a third person
A
Mixed
6
Q
– arises whenever a person unduly delivers a thing through mistake to another who has no right to demand it.
A
Solutio Indebiti (Payment not due)
7
Q
– two parties reciprocally bound (e.g. purchase & sale)
A
Bilateral Obligations
8
Q
̶ is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
A
CONTRACT
9
Q
_________ those which have their own distinctive individuality and are regulated by special provisions of law. (i.e. sale, lease, etc.)
A
Nominate Contracts
10
Q
____________ is the damage suffered by 1 party who does not receive the adequate equivalent for what he gives in a commutative contract, like a sale. It is an economic injury by inadequacy of price.
A
Lesion
11
Q
I do that you give
A
Facio ut des
12
Q
– the day/time of day certain is unknown
A
indefinite
13
Q
Those where one of the parties is incapable of giving consent to a contract;
A
VOIDABLE or ANNULLABLE CONTRACTS
15
Q
– stipulated by parties
A
conventional
16
Q
________________ considers the public peace & order and safety & health of the community.
A
Public Order
17
Q
__________ cleanses the contract of its defects.
A
Ratification
19
Q
– One to which an accessory undertaking is attached for the purpose of insuring its performance by virtue of which the obligor is bound to pay a stipulated indemnity or perform a stipulated prestation in case of breach.
A
OBLIGATION WITH PENAL CLAUSE
20
Q
obligor or debtor
A
Passive subject
21
Q
– date/time is known beforehand
A
definite
22
Q
a contract where consent to it is given in a state of drunkenness or under hypnotic spell
A
VOIDABLE or ANNULLABLE CONTRACTS
23
Q
Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.
A
VOIDABLE or ANNULLABLE CONTRACTS
24
Q
➢Are those agreed upon by the parties to a contract, to be paid in case of breach thereof.
.
A
LIQUIDATED DAMAGES
25
Q
all things, which are not outside the commerce of men, including future things, may also be the objects of contracts. No contract may be entered into upon future inheritance except in cases expressly authorized by law.
A
OBJECT OF CONTRACTS
26
Q
– I give that you give
A
Do ut des
26
Those which are absolutely simulated or fictitious;
VOID or INEXISTENCE CONTRACTS
27
– obligations to do or not to do
Personal Obligations
29
I give that you do
Do ut facias
30
_____________ in contracts, the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which is renumerated.
CAUSE OF CONTRACTS:
31
are those juridical relations arising from lawful, voluntary and unilateral acts, based on the principle that no one shall be unjustly enriched or benefited at the expense of another
Quasi- contracts
33
The action for annulment shall be brought within ______
4 years
33
Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers;
UNENFORCEABLE CONTRACTS
33
– stipulation in favor of a 3rd person.
Stipulation pour atrui
34
– sanctioned by law, etc.
Civil Obligations
35
____________ refers to standards of justice (right or wrong) & decency acknowledge by the society.
Morals & Good Customs
35
Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain.
ACTUAL OR COMPENSATORY DAMAGES
38
Though incapable of pecuniary computation, _________ may be recovered if they are the proximate result of the defendant’s wrongful act or omission.
MORAL DAMAGES
39
The adjudication of __________ shall preclude further contest upon the right involved & all accessory questions, as between the parties to the suit, or their respective heirs & assigns.
NOMINAL DAMAGES
40
– fulfillment of the condition depends upon the will of a party to the obligation
Potestative
41
_______________ contracts which has the tendency to injure the public is against the public good, or contravenes some established interest of society or is inconsistent with sound policy and good morals, or tends clearly to undermine the security of individual rights.
Public Policy
42
TYPES OF DEFECTIVE CONTRACTS:
1. RESCISSIBLE CONTRACTS
2. VOIDABLE or ANNULLABLE CONTRACTS
3. UNENFORCEABLE CONTRACTS
4. VOID or INEXISTENCE CONTRACTS
43
__________________ Contract is only valid between parties, assigns and heirs.
RELATIVITY
45
– fulfillment of the condition depends upon the chance and/or upon the will of a third person
Casual
46
– obligation becomes demandable only upon arrival of a day certain
suspensive
47
KINDS OF OBLIGATIONS:
1. Pure & conditional obligations
2. Obligation with a period
3. Alternative Obligations
4. Joint & Solidary Obligations
5. Divisible & Indivisible Obligations
6. Obligations with a Penal Clause
48
____________________ Contracts are perfected by mere consent and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all consequences which, according to their nature may be in keeping with good faith, usage & law.
OBLIGATORINESS & CONSENSUALITY
49
Those which contemplate an impossible service;
VOID or INEXISTENCE CONTRACTS
50
Are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.
NOMINAL DAMAGES
51
– condition involves the omission of an act
Negative
52
Obligations derived from ____________ shall be subject to the provision of Chapter 1, title XVII (Extra-Contractual Obligations).
quasicontracts
55
cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.
Exemplary damages
56
– those which exist only when the parties expressly provide for them for the purpose of limiting or modifying the normal effects of the contract.
Accidental
56
Those where the intention of the parties relative to the principal object of the contract cannot be ascertained
VOID or INEXISTENCE CONTRACTS
58
Which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty.
TEMPERATE OR MODERATE DAMAGES
59
Obligations derived from ______ are not presumed.
law
60
obligee or creditor
Active subject
61
– Vinculum Juris or Juridical tie (i.e. Sources of Obligations)
Efficient Cause
62
DAMAGES MAY BE:
1. Actual or compensatory;
2. Moral;
3. Nominal;
4. Temperate or moderate;
5. Liquidated; or
6. Exemplary or corrective
62
Obligations derived from ______________ shall be governed by the provisions on quasi-delicts, CC on Human Relations and Special laws.
quasi-delicts
63
– one whose effectivity or extinguishments does not depend upon the fulfillment or nonfulfillment of a condition or upon the expiration of a term or period and is demandable at once.
PURE OBLIGATION
64
NATURE OF OBLIGATIONS:
1. Civil Obligations
2. Natural Obligations
3. Moral Obligations
4. Real Obligations
5. Personal
6. Unilateral
7. Bilateral
65
Obligations arising from __________ have the force of law between the contracting parties and should be complied in good faith.
contracts
66
____________ or condition subsequent
Resolutory
67
– condition is not capable of realization according to nature, law, public policy & good customs
Impossible
68
ELEMENTS OF OBLIGATIONS:
Subject
Object
Efficient Cause
70
– object is designated merely by its class or genus
Indeterminate or generic
71
– arises whenever a person voluntarily takes charge of the agency or management of the business or property of another without any power or authority from the latter.
Negotiorum Gestio (Officious Management)
72
– voluntarily performed, no right to recover payment
Natural Obligations
73
_____ is the manifestation by the offeree of his assent to the terms of the offer.
Acceptance
73
Defect is caused by lack of form, authority or capacity of both parties not cured by prescription.
UNENFORCEABLE CONTRACTS
73
Kinds/Forms of Innominate Contracts:
a. Do ut des
b. Do ut facias
c. Facio ut des
d. Facio ut facias
73
one party bound to perform obligations (e.g. simple & remuneratory donation; to give support)
Unilateral Obligations
73
– object is particularly designated or physically segregated from all other of the same class
Determinate or Specific
73
– based on conscience
Moral Obligations
74
SOURCES OF OBLIGATION – (Art. 1157)
1. Law (Art. 1158, C.C.)
2. Contracts (Art. 1159)
3. Quasi-Contracts (Art. 1160)
4. Acts or Omission Punishable by Law (Art. 1161)
5. Quasi-Delicts (Art. 1162)
75
Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy;
VOID or INEXISTENCE CONTRACTS
76
ELEMENTS OF CONTRACT
1. Essential
2. Natural
3. Accidental
77
is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.
CONSENT
82
– fulfillment of the condition results in the acquisition of rights arising out of the obligation
Suspensive
83
– one whose effectivity is subordinated to the fulfillment of a future and uncertain fact or event.
CONDITIONAL OBLIGATION
84
___________ is a proposal made by one party to another to enter into a contract.
Offer
84
Principal kinds of quasi-contracts:
1. Negotiorum Gestio (Officious Management)
| 2. Solutio Indebiti (Payment not due) –
85
– choices takes effect only upon communication of the choice to the other party and from such time the obligation ceases to be alternative.
ALTERNATIVE OBLIGATIONS
86
– condition is capable of realization according to nature, law, public policy & good customs
Possible
87
– arrival of a day certain terminates the obligations
resolutory
88
________ or condition precedent
Suspensive
89
– fulfillment of the condition results in the extinguishments of rights arising out of the obligation
Resolutory
90
________________ The parties are free to stipulate anything they deem convenient, provided they are not contrary to law, morals, good customs, public order & public policy
AUTONOMY OR FREEDOM OF CONTRACT:
91
whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable
Liquidated damages
92
– an event which could not be foreseen or which though foreseen was inevitable.
FORTUITOUS EVENT
93
– where there are several conditions, all of which must be realized
Conjunctive
94
those whose demandability or extinguishments is subject to the expiration of a term or period.
OBLIGATION WITH A PERIOD
95
– non-fulfillment of the obligation with respect to time.
DEFAULT or DELAY
96
– debtor is unable to comply with his obligation because of fortuitous event
Involuntary
97
Obligation is presumed joint if there is concurrence of two or more debtors and/or creditors
JOINT & SOLIDARY OBLIGATION
98
Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved.
ACTUAL OR COMPENSATORY DAMAGES
99
– where there are several conditions but only one must be realized
Alternative
100
– solidarity of debtors
Passive solidarity
101
Facio ut facias –
I do that you do
102
– condition involves the performance of an act
Positive
103
– condition is susceptible of partial realization
Divisible
104
– deliberate and intentional evasion of the fulfillment of an obligation
FRAUD or DECEIT
105
– the omission of that diligence which is required by the nature of the obligation and corresponds to the circumstances of the persons, of the time and of the place.
NEGLIGENCE
106
– those, which have as their object, a prestation, which is susceptible of partial performance without the essence of obligation, changed.
DIVISIBLE OBLIGATION
107
– delay of the creditor to accept the delivery of the thing, which is the object of the obligation.
Mora accipiendi
108
– if one of the parties fails to comply with what is incumbent upon him, there is a right on the part of the other to rescind the obligation.
TACIT RESOLUTORY CONDITION
109
– prestation is not susceptible of partial performance, otherwise, the essence of obligation will be changed.
INDIVISIBLE OBLIGATION
110
– condition is not susceptible of partial realization
Indivisible
111
– those which are created or established at the same time, out of the same cause, and which result in mutual relationships of creditor & debtor between the parties.
RECIPROCAL OBLIGATIONS
112
– delay of the debtor to perform his obligation
Mora solvendi
113
BREACH OF OBLIGATIONS
1. Voluntary
| 2. Involuntary
114
– delay of the parties in reciprocal obligations
Compensatio morae
115
Include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, & similar injury.
MORAL DAMAGES
116
__________________ The contract must bind both parties; its validity or compliance must not be left to the will of one of them.
MUTUALITY
116
________________ is proper in the case of contracts validly entered into, but causing lesion or damage to one of the parties of their creditors and in other cases specified by law.
Rescission
116
Are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.
EXEMPLARY or CORRECTIVE DAMAGES
116
– solidarity of creditors
Active solidarity
117
deliberate and intentional evasion of the fulfillment of an obligation
FRAUD or DECEIT
118
one whose effectivity or extinguishments does not depend upon the fulfillment or nonfulfillment of a condition or upon the expiration of a term or period and is demandable at once.
PURE OBLIGATION
119
Vinculum Juris or Juridical tie (i.e. Sources of Obligations)
Efficient Cause
120
fulfillment of the condition results in the acquisition of rights arising out of the obligation
Suspensive
121
if one of the parties fails to comply with what is incumbent upon him, there is a right on the part of the other to rescind the obligation.
TACIT RESOLUTORY CONDITION
122
an event which could not be foreseen or which though foreseen was inevitable.
FORTUITOUS EVENT
123
fulfillment of the condition depends upon the will of a party to the obligation
Potestative
124
arises whenever a person unduly delivers a thing through mistake to another who has no right to demand it.
Solutio Indebiti (Payment not due)
125
arises whenever a person voluntarily takes charge of the agency or management of the business or property of another without any power or authority from the latter.
Negotiorum Gestio (Officious Management)
126
He shall be honest and tolerant in his dealings with fellow engineers and give credit to those to whom credit is properly due.
fair
127
those whose demandability or extinguishments is subject to the expiration of a term or period.
OBLIGATION WITH A PERIOD
128
are those juridical relations arising from lawful, voluntary and unilateral acts, based on the principle that no one shall be unjustly enriched or benefited at the expense of another.
Quasi- contracts
129
obligations to do or not to do
Personal Obligations
130
non-fulfillment of the obligation with respect to time.
DEFAULT or DELAY
131
He shall be dignified and honest in explaining or discussing his work and/or merit and shall refrain from self-laudatory advertising or propaganda.
modest
132
obligations to give
Real Obligations
133
national security
national security
134
voluntarily performed, no right to recover payment
Natural Obligations
135
He shall endeavor to extend public wisdom of electronics engineering and he shall strive to win or maintain the public confidence by discouraging the spread of untrue, unfair and exaggerated statements regarding his profession.
knowledge
136
if suspensive conditional obligation is purely potestative on will of debtor = void
Potestative
137
arrival of a day certain terminates the obligations
resolutory
138
condition subsequent
Resolutory
139
condition precedent
Suspensive
140
fulfillment of the condition depends upon the chance and/or upon the will of a third person
Casual
141
fulfillment of the condition depends partly upon chance and/or the will of a third person
Mixed
142
where there are several conditions, all of which must be realized
Conjunctive
143
obligation becomes demandable only upon arrival of a day certain
obligation becomes demandable only upon arrival of a day certain
144
In the interest of national economy, he shall extend assistance, guidance and training to all subordinates under his jurisdiction in order increase their skill and ability, knowledge experience for the purpose of eventually increasing their responsibilities
social efficiency
