Module 3 Flashcards

(44 cards)

1
Q

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

A

Delay or Mora

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2
Q

Other term for delay

A

Mora

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3
Q

Mora

A

Delay

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4
Q

Kinds of delay

A

Mora solvendi
Mora Accipendi
Compensatio morae

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5
Q

Delay on the part of debtor to fulfill his obligation

A

Mora Solvendi

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6
Q

Delay on the part creditor to accept the perfomance of the obligation

A

Mora Accipendi

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7
Q

Delay on the part of the both parties where the result is no actionable default

A

Compensatio Morae

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8
Q

Settle between the 2 parties

A

Extra juridically demands

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9
Q

Kinds of delay

A

Ordinary delay
Legal delay or default or mora

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10
Q

Default

A

Delay

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11
Q

Merely failure to perform an obli on time

A

Ordinary delay

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12
Q

The failure to perform an obligation on time which failure constitutes a breach of the obli

A

Legal delay or default or mora

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13
Q

No delay in negative personal obli

A

Because negative personal obli is obli not to do

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14
Q

Requisites of delay

A

Failure of the debtor to perform his obli on the date agreed
Demand by creditor upon the debtor to comply with his obli
Failure of the debtor to comply with demand

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15
Q

Demand is not necessary to put debtor in delay

A

When obli provides
Law so provides
Time is of the essence
Demand will be useless
There is performance by a party in reciprocal obligation

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16
Q

Grounds of liability

A

Fraud (incidental fraud or dolo acidente)
Negligence (fault or culpa)
Delay (mora)
Contravention of the terms of the obli

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17
Q

Committed in the performance of an obli already existing . There’s an intention to cause damage or injury of other parties

A

Fraud

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18
Q

Voluntary act or omission, no bad faith or malice which prevents the normal fulfillment of an obli. No intention to cause damage or injury

A

Negligence (fault or culpa)

19
Q

Violation of the terms and conditions stipulated in the obli

A

Contravention of the terms of the obli

20
Q

Any event cannot be foreseen which is inevitable. May be act of man or act of god

A

Forfuitious event

21
Q

Contract where one of the parties delivers to another, money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. May be gratuitous or with a stipulation to pay interest

A

Simple loan or mutuum

22
Q

Simple loan

23
Q

Simple loan

24
Q

Inference of a fact not actually known arising from its usual connection with another which is known or proved

25
Kinds of presumption
Conclusive Disputable or rebuttable
26
One which cannot be contradicted
Conclusive
27
One which can be contradicted or rebutted by presenting proof to the contrary
Disputable or rebuttable
28
An obli which is not subject to terms or condition
Pure obli
29
Future and uncertain event happening of which can give rise or extinguish and obli
Condition
30
Kinds of condition
Suspensive condition Resolutory condition
31
Condition which fulfillment will give rise to an obli
Suspensive condition
32
Condition which fulfillment will give rise to an obli
Suspensive condition
33
Condition which fulfillment will extinguish and obli
Resolutory condition
34
Obli which is subject to condition
Conditional obli
35
Obli which is subject to condition
Conditional obli
36
Condition suspensive in nature and which depends upon the sole will of one of the contracting parties
Potestative condition
37
Condition suspensive in nature and which depends upon the sole will of one of the contracting parties
Potestative condition
38
Effects of condition
Suspensive condition upon the will of the debtor (void) Sus. Condi depends upon the will of creditor (valid) Sus. Condi. Depends upon a chance (valid) Sus. Condi. Depends upon the will of third person (valid) Resolutory condi. Depends upon the will of debtor (valid)
39
Effects of condition
Suspensive condition upon the will of the debtor (void) Sus. Condi depends upon the will of creditor (valid) Sus. Condi. Depends upon a chance (valid) Sus. Condi. Depends upon the will of third person (valid) Resolutory condi. Depends upon the will of debtor (valid)
40
Obli is void when
Impossible conditions Condi contrary to good customs Condi contrary to public policy Condi prohibited by law
41
When do consider the thing loss?
When it perishes, or goes out of commerce or nalaos, disappears in such way that its existence is unknown or it cannot be recovered
42
One whose effect or consequences are subjected in one way or another to the expiration or arrival of said period or term
Obligation with a period
43
A future and certain event athe arrival of which shall give rise or extinguish the obli
Period
44
Computation of tern or period. (Legal periods)
Year- 12 months Month- 30 days Day -24 hrs Night- sunset to sunrise