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Oblicon > Midterms > Flashcards

Midterms Flashcards

1
Q

It is a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.

A

Law

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2
Q

The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties

A

Law
Oxford Dictionary

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3
Q

A rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority

A

Law
Merriam-Webster Dictionary

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4
Q

A body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority

A

Law
thefreedictionary.com

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5
Q

A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit”

A

Law
I Sanchez Roman 3

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6
Q

the mass of obligatory rules established for the purpose of governing the relations of persons in society

A

Law
A. Tolentino, Civil Code of the Philippines

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7
Q

Four Characteristics of Law

A

A rule of conduct
Obligatory
Promulgated by legitimate authority
Common observance and benefit

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8
Q

The law only governs external physical acts.

A

A rule of conduct

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9
Q

____________ implies external physical actions.

A

Conduct

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10
Q

You cannot punish anyone based on what they are thinking.

A

A rule of conduct

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11
Q

The law is ____________ which means we have the duty to obey otherwise sanctions are imposed.

A

Obligatory

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12
Q

Laws are enacted by the legislature and local government

A

Promulgated by legitimate authority

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13
Q

The law must be obeyed to maintain harmony and peaceful co-existence

A

Common observance and benefit

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14
Q

Give the Two Kinds of Law

A

Private Law
Public Law

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15
Q

Differentiate Private Law and Public Law

A

Private Law - contract between two entities
Public Law - state and the citizens

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16
Q

Give the Six Sources of Law

A

1 Constitution
2 Legislation
3 Administrative or Executive Orders, Regulations, Rulings
4 Judicial Decisions or Jurisprudence
5 Custom

6 Others:
principles of justice & equity
decisions of foreign tribunals
opinions of text writers

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17
Q

Give Some Important Principles of Law

A

15 Days Rule
Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette,

Ignorance of the law excuses no one from compliance therewith.

right and justice to prevail
In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

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18
Q

________________________________ based mainly on the Civil Code of Spain and approved on 18 June 1949 and took effect on 30 August 1950

A

Civil Code of the Philippines RA No. 386

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19
Q

Civil Code of the Philippines RA No. 386 composed of how many books

A

Four

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20
Q

Give the four books of Civil Code of the Philippines (RA No. 386)

A

Book I - PERSONS
Book II - PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Book IIII - DIFFERENT MODES OF ACQUIRING OWNERSHIP
BOOK IV - OBLIGATIONS AND CONTRACTS

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21
Q

The body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts

A

The Law on Obligations and Contracts

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22
Q

A juridical necessity to give, to do, or not to do.

A

Obligation

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23
Q

A juridical relation whereby a person may demand from another the observance of a determinative conduct and in case of breach, may demand satisfaction from the assets of the latter.

A

Obligation

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24
Q

Give the 4 Elements of Obligations

A

Active Subject
Passive Subject
Prestation
Efficient Cause/Juridical Tie

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25
Q

The party with the right to demand a performance on an obligation

A

Active subject/creditor/obligee

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26
Q

The party with the duty to perform an obligation

A

Passive subject/debtor/obligor

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27
Q

The conduct/act to give, to do or not to do

A

Prestation

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28
Q

The source of obligation

A

Efficient Cause/Juridical Tie

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29
Q

Give the two kinds of prestation

A

Unilateral
Bilateral

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30
Q

Give the two kinds of Obligations

A

Natural Obligations
Civil Obligations

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31
Q

Obligations based on equity and natural law. You cannot go to court to enforce performance, BUT allows retention of what has been delivered or rendered after voluntary fulfillment.

A

Natural Obligations

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32
Q

Obligations based on law. You can go to court to enforce performance/compliance.

A

Civil Obligations

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33
Q

Give the Sources of Obligation

A

Law
Contracts
Quasi-Contracts
Quasi-Delicts
Crimes

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34
Q

Acts or omissions punished by law

A

Crimes

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35
Q

The law creates a situation where someone who benefits from another person’s actions, even if unintended, has to compensate them to avoid unfair gain.

A

Quasi-Contract

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36
Q

Alike but not exacly the same

A

Quasi

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37
Q

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

A

negotiorum gestio (Art. 2144)

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38
Q

If something is received when there is no right to demand it, and it was unduly delivered through mistake

A

solutio indebiti (Art. 2154)

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39
Q

These are acts or omissions punishable by law. This refers to crimes or felonies defined under the law to be punishable as such.

A

Crimes/Delics

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40
Q

Laws about crimes, special penal laws

A

Revised Penal Code

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41
Q

True or False. A person that is criminally liable is also civilly liable.

A

True

42
Q

Give the three civil liability for delicts

A

Restitution
Reparation
Indemnification for consequential damages

43
Q

A civil liability that states the return of objects that were stolen

A

Restitution

44
Q

A payment for harm or damage caused

A

Reparation

45
Q

Crime produces both ____________ and ____________ liabilities

A

criminal liability
civil liability

46
Q

True or False. A person cannot be both criminally and civilly liable.

A

False

A person that is criminally liable is also civilly liable.

47
Q

Also known as tort or culpa aquiliana

A

Quasi-Delicts

48
Q

Acts or omissions that cause damage to another. There being fault or negligence but without any existing contractual relation between the parties. There is now an obligation to pay for damages.

A

Quasi-Delicts

49
Q

a thing is determinate when it is particularly designated or physically segregated from all others of the same class.

A

Specific Thing

50
Q

Give the two ‘things’

A

Determinate or Specific Thing
Generic Thing

51
Q

A thing that is identified only by its species. The debtor can give anything of the same class as long as it is of the same kind.

A

Generic Thing

52
Q

ordinary care or that diligence which an average or reasonably prudent person exercises over his own property

A

Diligence of a Good Father of a Family

53
Q

opposite of diligence

A

negligence

54
Q

A fruits or addition to or improvement upon a thing not necessary to the principal thing. They are everything that is incorporated or attached to a thing, either naturally or artificially.

A

Accessions

55
Q

Negligence in the performance of a contract. It supposes a pre-existing contractual relationship between the parties. This is negligence in the performance of the obligation arising from a contract resulting in damages.

A

Culpa Contractual

56
Q

joined or included in principal for the latter’s embellishment, better use, or completion, perfection or enjoyment.

A

Accessories

57
Q

failure or refusal to perform an obligation without legal justification; violation of an obligation

A

Breach

58
Q

money compensation awarded for loss or injury resulting from breach of contract or obligation

A

Damages

59
Q

failure to perform an obligation on time which is a breach of the obligation

A

Delay (Mora)

60
Q

the non-fulfillment of an obligation with respect to time or delay in the fulfillment of an obligation, contrary to what was agreed upon.

A

Delay (Mora)

61
Q

Give the first book of Civil Code of the Philippines (RA No. 386)

A

Book 1 - Person

62
Q

Give the second book of Civil Code of the Philippines (RA No. 386)

A

Book 2 - Property, Ownership and its Modidication

63
Q

Give the third book of Civil Code of the Philippines (RA No. 386)

A

Book 3 - DIFFERENT MODES OF ACQUIRING OWNERSHIP

64
Q

Give the fourth books of Civil Code of the Philippines (RA No. 386)

A

Book 4 - Obligations and Contracts

65
Q

The official journal of the Republic of the Philippines.

A

Official Gazette

66
Q

Give the Two Quasi-Contracts Concepts

A

negotiorum gestio
solutio indebiti

67
Q

Differentiate delicts and quasi-delicts

A

Delicts - with intent
Quasi- Delicts - without intent

68
Q

a thing is ________________ when it is particularly designated or physically segregated from all others of the same class.

A

determinate/specific

69
Q

ordinary care or that diligence which an average or reasonably prudent person exercises over his own property

A

Diligence of a Good Father of a Family

70
Q

failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, causing injury to the other party

A

Fault/Negligence (Culpa)

71
Q

negligence in the performance of a contract. It supposes a pre-existing contractual relationship between the parties.

A

Culpa Contractual

72
Q

Negligence in the performance of the obligation arising from a contract resulting in damages.

A

Culpa Contractual

73
Q

negligence which is the source of obligation between parties without any pre-existing contract

A

Culpa Aquiliana
tort/quasi-delict

74
Q

fruits or addition to or improvement upon a thing that is not necessary to the principal thing

A

Accessions

75
Q

joined or included in principal for the latter’s embellishment, better use, or completion, perfection or enjoyment.

A

Accessories

76
Q

failure or refusal to perform an obligation without legal justification; violation of an obligation

A

Breach

77
Q

Give the Three Kinds of Fruits

A

Natural
Industrial
Civil

78
Q

Fruits by spontaneous products of the soil, and the young and other products of animals

A

Natural

79
Q

Fruits produced by lands of any kind through cultivation and labor

A

Industrial

80
Q

Fruits derived by virtue of a juridical relation

A

Civil

81
Q

Creditor - cannot demand a thing of superior quality;
Debtor - cannot deliver a thing of inferior quality.

A

Rule of the Medium Quality

82
Q

failure to perform an obligation on time which is a breach of the obligation

A

Delay (Mora)

83
Q

Two Types of Delay/Mora

A

Mora Solvendi
Mora Accipiendi

84
Q

delay on the part of the creditor

A

Mora Accipiendi

85
Q

delay on the part of the debtor

A

Mora Solvendi

86
Q

deliberate or intended evasion of the normal fulfillment of an obligation

A

Fraud (Dolo)

87
Q

bad faith, malice on dishonesty vs mistake and errors of judgment made in good faith

A

Fraud (Dolo)

88
Q

Two Types of Fraud

A

Causal Fraud or Dolo Causante
Incidental Fraud or Dolo Incidente

89
Q

fraud of a serious kind, without which, consent would not have been given. It renders the contract voidable for it is a defect in one of the essential elements of a contract, “consent”.

A

Causal Fraud or Dolo Causante

90
Q

This refers to fraud without which consent would have still been given but the person giving such consent would have agreed on different terms. It would not render the contract void but the party committing the fraud shall be liable for damages

A

Incidental Fraud or Dolo Incidente

91
Q

deliberate intention to cause damage or injury

A

Fraud (Dolo)

92
Q

no deliberate intention to cause damage or injury

A

Negligence (Culpa)

93
Q

three contravention of the tenor of the obligation

A
  • any act of a party to an obligation does not perform their obligations strictly in the manner specified
  • any kind of defective performance
  • any form of violation of the terms and condition stipulated in the obligation
94
Q

Exact fulfillment of the obligation by specific or substitute performance with a right to damages in either case

A

Specific Performance

95
Q

Pursue the property in the possession of the debtor, except those exempt by law

A

Attachment

96
Q

Primary Alternative Remedies of Creditor in case of Breach by Debtor

A

Obligation TO GIVE
Obligation TO DO

No remedy of Specific Performance in Obligations TO DO or NOT TO DO

97
Q

Primary Remedies of Creditor

A

1 Exact Fulfillment with Right to Damages; and
2 Levy properties still with debtor not exempt from attachment if debtor fails to pay judgment rendered;

98
Q

Two Subsidiary Remedies of Creditor

A

ACCION SUBROGATORIA (Art 1177)
ACCION PAULIANA (Art 1177,1380-1389)

99
Q

an action where the creditor whose claims had not been fully satisfied, may go after the debtors (3rd person) of the defendant debtor

A

ACCION SUBROGATORIA (Art 1177)

100
Q

an action filed by the creditor for the rescission (cancellation) of acts or contracts entered into by the debtor designed to defraud the former

A

ACCION PAULIANA (Art 1177,1380-1389)

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