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Code of Ethics for EcE Practitioners > MidTerm Summary > Flashcards

MidTerm Summary Flashcards

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1
Q

– those derived from the nature of the contract and ordinarily accompany the same.

A

Natural

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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

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3
Q

CHARACTERISTICS OF CONTRACTS: (ROMA)

A
  1. Relativity (Art 1311)
  2. Obligatoriness & Consensuality (Art 1315)
  3. Mutuality (Art 1308)
  4. Autonomy (Art 1306)
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4
Q

– obligations to give

A

Real Obligations

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5
Q

– fulfillment of the condition depends partly upon chance and/or the will of a third person

A

Mixed

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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)

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7
Q

– two parties reciprocally bound (e.g. purchase & sale)

A

Bilateral Obligations

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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

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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

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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

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11
Q

I do that you give

A

Facio ut des

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12
Q

– the day/time of day certain is unknown

A

indefinite

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13
Q

Those where one of the parties is incapable of giving consent to a contract;

A

VOIDABLE or ANNULLABLE CONTRACTS

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15
Q

– stipulated by parties

A

conventional

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16
Q

________________ considers the public peace & order and safety & health of the community.

A

Public Order

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17
Q

__________ cleanses the contract of its defects.

A

Ratification

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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

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20
Q

obligor or debtor

A

Passive subject

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21
Q

– date/time is known beforehand

A

definite

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22
Q

a contract where consent to it is given in a state of drunkenness or under hypnotic spell

A

VOIDABLE or ANNULLABLE CONTRACTS

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23
Q

Those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud.

A

VOIDABLE or ANNULLABLE CONTRACTS

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24
Q

➢Are those agreed upon by the parties to a contract, to be paid in case of breach thereof.
.

A

LIQUIDATED DAMAGES

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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

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26
Q

– I give that you give

A

Do ut des

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26
Q

Those which are absolutely simulated or fictitious;

A

VOID or INEXISTENCE CONTRACTS

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27
Q

– obligations to do or not to do

A

Personal Obligations

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29
Q

I give that you do

A

Do ut facias

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30
Q

_____________ 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.

A

CAUSE OF CONTRACTS:

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31
Q

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

A

Quasi- contracts

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33
Q

The action for annulment shall be brought within ______

A

4 years

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33
Q

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;

A

UNENFORCEABLE CONTRACTS

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33
Q

– stipulation in favor of a 3rd person.

A

Stipulation pour atrui

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34
Q

– sanctioned by law, etc.

A

Civil Obligations

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35
Q

____________ refers to standards of justice (right or wrong) & decency acknowledge by the society.

A

Morals & Good Customs

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35
Q

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.

A

ACTUAL OR COMPENSATORY DAMAGES

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38
Q

Though incapable of pecuniary computation, _________ may be recovered if they are the proximate result of the defendant’s wrongful act or omission.

A

MORAL DAMAGES

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39
Q

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.

A

NOMINAL DAMAGES

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40
Q

– fulfillment of the condition depends upon the will of a party to the obligation

A

Potestative

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41
Q

_______________ 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.

A

Public Policy

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42
Q

TYPES OF DEFECTIVE CONTRACTS:

A
  1. RESCISSIBLE CONTRACTS
  2. VOIDABLE or ANNULLABLE CONTRACTS
  3. UNENFORCEABLE CONTRACTS
  4. VOID or INEXISTENCE CONTRACTS
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43
Q

__________________ Contract is only valid between parties, assigns and heirs.

A

RELATIVITY

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45
Q

– fulfillment of the condition depends upon the chance and/or upon the will of a third person

A

Casual

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46
Q

– obligation becomes demandable only upon arrival of a day certain

A

suspensive

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47
Q

KINDS OF OBLIGATIONS:

A
  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
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48
Q

____________________ 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.

A

OBLIGATORINESS & CONSENSUALITY

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49
Q

Those which contemplate an impossible service;

A

VOID or INEXISTENCE CONTRACTS

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50
Q

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.

A

NOMINAL DAMAGES

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51
Q

– condition involves the omission of an act

A

Negative

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52
Q

Obligations derived from ____________ shall be subject to the provision of Chapter 1, title XVII (Extra-Contractual Obligations).

A

quasicontracts

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55
Q

cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.

A

Exemplary damages

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56
Q

– those which exist only when the parties expressly provide for them for the purpose of limiting or modifying the normal effects of the contract.

A

Accidental

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56
Q

Those where the intention of the parties relative to the principal object of the contract cannot be ascertained

A

VOID or INEXISTENCE CONTRACTS

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58
Q

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.

A

TEMPERATE OR MODERATE DAMAGES

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59
Q

Obligations derived from ______ are not presumed.

A

law

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60
Q

obligee or creditor

A

Active subject

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61
Q

– Vinculum Juris or Juridical tie (i.e. Sources of Obligations)

A

Efficient Cause

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62
Q

DAMAGES MAY BE:

A
  1. Actual or compensatory;
  2. Moral;
  3. Nominal;
  4. Temperate or moderate;
  5. Liquidated; or
  6. Exemplary or corrective
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62
Q

Obligations derived from ______________ shall be governed by the provisions on quasi-delicts, CC on Human Relations and Special laws.

A

quasi-delicts

63
Q

– 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.

A

PURE OBLIGATION

64
Q

NATURE OF OBLIGATIONS:

A
  1. Civil Obligations
  2. Natural Obligations
  3. Moral Obligations
  4. Real Obligations
  5. Personal
  6. Unilateral
  7. Bilateral
65
Q

Obligations arising from __________ have the force of law between the contracting parties and should be complied in good faith.

A

contracts

66
Q

____________ or condition subsequent

A

Resolutory

67
Q

– condition is not capable of realization according to nature, law, public policy & good customs

A

Impossible

68
Q

ELEMENTS OF OBLIGATIONS:

A

Subject
Object
Efficient Cause

70
Q

– object is designated merely by its class or genus

A

Indeterminate or generic

71
Q

– 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.

A

Negotiorum Gestio (Officious Management)

72
Q

– voluntarily performed, no right to recover payment

A

Natural Obligations

73
Q

_____ is the manifestation by the offeree of his assent to the terms of the offer.

A

Acceptance

73
Q

Defect is caused by lack of form, authority or capacity of both parties not cured by prescription.

A

UNENFORCEABLE CONTRACTS

73
Q

Kinds/Forms of Innominate Contracts:

A

a. Do ut des
b. Do ut facias
c. Facio ut des
d. Facio ut facias

73
Q

one party bound to perform obligations (e.g. simple & remuneratory donation; to give support)

A

Unilateral Obligations

73
Q

– object is particularly designated or physically segregated from all other of the same class

A

Determinate or Specific

73
Q

– based on conscience

A

Moral Obligations

74
Q

SOURCES OF OBLIGATION – (Art. 1157)

A
  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
Q

Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy;

A

VOID or INEXISTENCE CONTRACTS

76
Q

ELEMENTS OF CONTRACT

A
  1. Essential
  2. Natural
  3. Accidental
77
Q

is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.

A

CONSENT

82
Q

– fulfillment of the condition results in the acquisition of rights arising out of the obligation

A

Suspensive

83
Q

– one whose effectivity is subordinated to the fulfillment of a future and uncertain fact or event.

A

CONDITIONAL OBLIGATION

84
Q

___________ is a proposal made by one party to another to enter into a contract.

A

Offer

84
Q

Principal kinds of quasi-contracts:

A
  1. Negotiorum Gestio (Officious Management)

2. Solutio Indebiti (Payment not due) –

85
Q

– choices takes effect only upon communication of the choice to the other party and from such time the obligation ceases to be alternative.

A

ALTERNATIVE OBLIGATIONS

86
Q

– condition is capable of realization according to nature, law, public policy & good customs

A

Possible

87
Q

– arrival of a day certain terminates the obligations

A

resolutory

88
Q

________ or condition precedent

A

Suspensive

89
Q

– fulfillment of the condition results in the extinguishments of rights arising out of the obligation

A

Resolutory

90
Q

________________ The parties are free to stipulate anything they deem convenient, provided they are not contrary to law, morals, good customs, public order & public policy

A

AUTONOMY OR FREEDOM OF CONTRACT:

91
Q

whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable

A

Liquidated damages

92
Q

– an event which could not be foreseen or which though foreseen was inevitable.

A

FORTUITOUS EVENT

93
Q

– where there are several conditions, all of which must be realized

A

Conjunctive

94
Q

those whose demandability or extinguishments is subject to the expiration of a term or period.

A

OBLIGATION WITH A PERIOD

95
Q

– non-fulfillment of the obligation with respect to time.

A

DEFAULT or DELAY

96
Q

– debtor is unable to comply with his obligation because of fortuitous event

A

Involuntary

97
Q

Obligation is presumed joint if there is concurrence of two or more debtors and/or creditors

A

JOINT & SOLIDARY OBLIGATION

98
Q

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.

A

ACTUAL OR COMPENSATORY DAMAGES

99
Q

– where there are several conditions but only one must be realized

A

Alternative

100
Q

– solidarity of debtors

A

Passive solidarity

101
Q

Facio ut facias –

A

I do that you do

102
Q

– condition involves the performance of an act

A

Positive

103
Q

– condition is susceptible of partial realization

A

Divisible

104
Q

– deliberate and intentional evasion of the fulfillment of an obligation

A

FRAUD or DECEIT

105
Q

– 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.

A

NEGLIGENCE

106
Q

– those, which have as their object, a prestation, which is susceptible of partial performance without the essence of obligation, changed.

A

DIVISIBLE OBLIGATION

107
Q

– delay of the creditor to accept the delivery of the thing, which is the object of the obligation.

A

Mora accipiendi

108
Q

– 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.

A

TACIT RESOLUTORY CONDITION

109
Q

– prestation is not susceptible of partial performance, otherwise, the essence of obligation will be changed.

A

INDIVISIBLE OBLIGATION

110
Q

– condition is not susceptible of partial realization

A

Indivisible

111
Q

– 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.

A

RECIPROCAL OBLIGATIONS

112
Q

– delay of the debtor to perform his obligation

A

Mora solvendi

113
Q

BREACH OF OBLIGATIONS

A
  1. Voluntary

2. Involuntary

114
Q

– delay of the parties in reciprocal obligations

A

Compensatio morae

115
Q

Include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, & similar injury.

A

MORAL DAMAGES

116
Q

__________________ The contract must bind both parties; its validity or compliance must not be left to the will of one of them.

A

MUTUALITY

116
Q

________________ 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.

A

Rescission

116
Q

Are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.

A

EXEMPLARY or CORRECTIVE DAMAGES

116
Q

– solidarity of creditors

A

Active solidarity

117
Q

deliberate and intentional evasion of the fulfillment of an obligation

A

FRAUD or DECEIT

118
Q

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.

A

PURE OBLIGATION

119
Q

Vinculum Juris or Juridical tie (i.e. Sources of Obligations)

A

Efficient Cause

120
Q

fulfillment of the condition results in the acquisition of rights arising out of the obligation

A

Suspensive

121
Q

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.

A

TACIT RESOLUTORY CONDITION

122
Q

an event which could not be foreseen or which though foreseen was inevitable.

A

FORTUITOUS EVENT

123
Q

fulfillment of the condition depends upon the will of a party to the obligation

A

Potestative

124
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)

125
Q

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.

A

Negotiorum Gestio (Officious Management)

126
Q

He shall be honest and tolerant in his dealings with fellow engineers and give credit to those to whom credit is properly due.

A

fair

127
Q

those whose demandability or extinguishments is subject to the expiration of a term or period.

A

OBLIGATION WITH A PERIOD

128
Q

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.

A

Quasi- contracts

129
Q

obligations to do or not to do

A

Personal Obligations

130
Q

non-fulfillment of the obligation with respect to time.

A

DEFAULT or DELAY

131
Q

He shall be dignified and honest in explaining or discussing his work and/or merit and shall refrain from self-laudatory advertising or propaganda.

A

modest

132
Q

obligations to give

A

Real Obligations

133
Q

national security

A

national security

134
Q

voluntarily performed, no right to recover payment

A

Natural Obligations

135
Q

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.

A

knowledge

136
Q

if suspensive conditional obligation is purely potestative on will of debtor = void

A

Potestative

137
Q

arrival of a day certain terminates the obligations

A

resolutory

138
Q

condition subsequent

A

Resolutory

139
Q

condition precedent

A

Suspensive

140
Q

fulfillment of the condition depends upon the chance and/or upon the will of a third person

A

Casual

141
Q

fulfillment of the condition depends partly upon chance and/or the will of a third person

A

Mixed

142
Q

where there are several conditions, all of which must be realized

A

Conjunctive

143
Q

obligation becomes demandable only upon arrival of a day certain

A

obligation becomes demandable only upon arrival of a day certain

144
Q

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

A

social efficiency

Code of Ethics for EcE Practitioners (1 decks)

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