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LAW > MT Week 6 > Flashcards

MT Week 6 Flashcards

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1
Q

General Provisions on ___

A

Obligations

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2
Q

What is an “obligation”? Article 1156

A

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

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3
Q

What is an “obligation”? Article 1423

A

Obligations are civil or natural. Civil obligations give a right of action to compel their performance. Natural obligations, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. Some natural obligations are set forth in the following articles.

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4
Q

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

A

Article 1156, definition of obligation

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5
Q

An ___ is a juridical necessity to give, to do or not to do

A

obligation

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6
Q

Obligations are (2).

A

civil or natural

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7
Q

___ give a right of action to compel their performance

A

Civil obligations; Article 1423

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8
Q

___, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof.

A

Natural obligations

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9
Q

Natural obligations, not being based on ___ but on ___

A

positive law; equity and natural law

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10
Q

do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof

A

Natural obligations

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11
Q

Essential Requisites of Obligations

A
  1. Subject
  2. The object or prestation
  3. The efficient cause (the vinculum juris or juridical tie)
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12
Q

an essential requisite of obligations, persons

A

subject

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13
Q

classifications of subjects

A

active and passive

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14
Q

discuss the active subject

A

(called the obligee or creditor) — the possessor of a right; he in whose favor the obligation is constituted. He has the power to demand the performance of the obligation

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15
Q

discuss the passive subject

A

(called the obligor or debtor) — he who has the duty of giving, doing, or not doing. He is the one bound to perform the obligation

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16
Q

the possessor of a right; he in whose favor the obligation is constituted

A

active, obligee, creditor

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17
Q

He has the power to demand the performance of the obligation

A

active, obligee, creditor

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18
Q

(called the obligee or creditor)

A

active

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19
Q

(called the obligor or debtor)

A

passive

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20
Q

he who has the duty of giving, doing, or not doing

A

passive, obligor, debtor

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21
Q

the subject matter of the obligation

A

The object or prestation

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22
Q

He is the one bound to perform the obligation

A

passive, obligor, debtor

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23
Q

A ___is an obligation; more specifically, it is the subject matter of an obligation and may consist of either

A

prestation

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24
Q

it is the subject matter of an obligation and may consist of either:
● Giving a thing
● Doing a certain act
● Not doing a certain act

A

object or prestation

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25
Q

A prestation is an obligation; more specifically, it is the subject matter of an obligation and may consist of either (3)

A

● Giving a thing
● Doing a certain act
● Not doing a certain act

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26
Q

The efficient cause aka…

A

(the vinculum juris or juridical tie)

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27
Q

the reason why the obligation exists

A

The efficient cause (the vinculum juris or juridical tie)

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28
Q

The law speaks of an obligation as a…

A

juridical necessity to comply with a prestation

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29
Q

There is a ___ for non-compliance can result in juridical or legal sanction

A

“juridical necessity,”

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30
Q

There is a “juridical necessity,” for non-compliance can result in…

A

juridical or legal sanction

31
Q

Sources of Obligations

A

Article 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts

32
Q

Obligations Arising from Law, article

A

Article 1158

33
Q

Obligations derived from law are not…

A

presumed

34
Q

Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book

A

Obligations Arising from Law

35
Q

Obligations derived from law are not presumed. Only those expressly determined in this ___ or in ___ are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book

A

Code; special laws

36
Q

Obligations Arising from Contract, article

A

Article 1159, Article 1306, Article 5

37
Q

Obligations arising from ___ have the force of law between the ___ and should be ___

A

contracts; contracting parties; complied with in good faith (1091a); Obligations Arising from Contract, article 1159

38
Q

The ___ may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not ___. (1255a)

A

contracting parties; contrary to law, morals, good customs, public order, or public policy; Obligations Arising from Contract, article 1306

39
Q

Acts executed against the provisions of mandatory or prohibitory laws shall be ___, except when ___

A

void; the law itself authorizes their validity; Obligations Arising from Contract, article 5

40
Q

Obligations Arising from Quasi-Contract, article

A

Article 1160, Article 2142

41
Q

Obligations derived from quasi-contracts shall be subject to the ___, of this Book. (n)

A

provisions of Chapter 1, Title XVII; Obligations Arising from Quasi-Contract Article 1160

42
Q

Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that ___. (n)

A

no one shall be unjustly enriched or benefited at the expense of another; Obligations Arising from Quasi-Contract Article 2142

43
Q

Because the contract is the law between the ___, generally, the ___ cannot interfere with a ___ which does not transgress the boundaries established in ___

A

parties; Courts ; valid contract; Art. 1306 and 5

44
Q

EXCEPT — In these instances expressly provided by law, courts may interfere with obligations arising from contract - 1

A
  1. In Obligations with a Penal Clause, the Courts may reduce or delete the penalty if —
    ● There is partial or irregular performance
    ● If there has been no performance but the penalty is iniquitous or unconscionable. (Art. 1229)
45
Q

EXCEPT — In these instances expressly provided by law, courts may interfere with obligations arising from contract - 2

A
  1. If the obligation to do becomes physically or legally impossible, the courts may extinguish it and release the debtor from his obligation. (Art. 1266)
46
Q

EXCEPT — In these instances expressly provided by law, courts may interfere with obligations arising from contract - 3

A
  1. If the obligation to do has become difficult as to be manifestly beyond the contemplation of the parties, the court may extinguish it. This is known as the principle of Rebus sic Stantibus (Art. 1267)
47
Q

EXCEPT — In these instances expressly provided by law, courts may interfere with obligations arising from contract - 4

A
  1. When the determination of performance in a contract made by a third person is evidently inequitable then courts shall decide what is equitable under the circumstances. (Art. 1310)
48
Q

Kinds of Quasi-Contract

A
  1. Negotiorum Gestio
  2. Solutio Indebiti
  3. Other Quasi Contracts
49
Q

This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority. (Art. 2144).

A

Negotiorum Gestio, Quasi-Contract

50
Q

Reimbursement must be made to the gestor for necessary and useful expenses, as a rule. (Art. 2150).

A

Negotiorum Gestio, Quasi-Contract

51
Q

If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.

A

Solutio Indebiti - Art. 2154, Quasi-Contract

52
Q

Other circumstances involving support, funeral expenses, medical expenses of a person who cannot give consent to the contract, during fortuitous events, etc.

A

Other Quasi Contracts

53
Q

Other Quasi Contracts — Other circumstances involving support, funeral expenses, medical expenses of a person who cannot give consent to the contract, during fortuitous events, etc. Such as:

A

a. When during a fire, flood, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation. (Art. 2168)

b. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. (Art. 2175)

53
Q

Obligations Arising from Delict, article

A

Article 1161

54
Q

Civil obligations arising from ___ shall be governed by the ___, subject to the provisions of ___, and of the pertinent provisions of ___ of this Book, regulating damages. (1092a)

A

criminal offenses; penal laws; article 2177; Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII; Obligations Arising from Delict Article 1161

55
Q

REVISED PENAL CODE Article 100.

A

Every person criminally liable for a felony is also civilly liable; Obligations Arising from Delict

56
Q

Obligations Arising from Torts, article

A

Article 1162

57
Q

Obligations derived from ___ shall be governed by the ___ of this Book, and by special laws. (1093a)

A

quasi-delicts; provisions of Chapter 2, Title XVII; Obligations Arising from Torts, Article 1162

58
Q

Whoever by act or omission causes ___, there being ___, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contract relation between the parties is called a ___ and is governed by the provisions of this chapter

A

damage to another; fault or negligence; quasi-delict; Obligations Arising from Torts, Article 2176

59
Q

A ___ is a fault or act of negligence (or omission of care) which causes damages to another, there being no pre- existing contractual relations between the parties.

A

quasi-delict

60
Q

A quasi-delict is a ___, there being no pre- existing contractual relations between the parties.

A

fault or act of negligence (or omission of care) which causes damages to another

61
Q

A quasi-delict is also known as

A

“culpa aquiliana”

62
Q

Sources of Liability, Article

A

1170

63
Q

Those who in the performance of their obligations are guilty of ___ (3), and those who in any manner ___, are ___

A

fraud, negligence, or delay; contravene the tenor thereof; liable for damages; Sources of Liability Article 1170

64
Q

This is the intentional evasion of fulfilment of the obligation

A

Fraud (Deceit or Dolo)

65
Q

___ may be defined as the voluntary execution of a wrongful act, or a wilful omission, knowing and intending the effects which naturally and necessarily arise from such act or omission

A

Fraud; Fraud (Deceit or Dolo)

66
Q

___ means that there is intent to comply with bad faith

A

Fraud; Fraud (Deceit or Dolo)

67
Q

Intentional or deliberate evasion of the obligation which implies malice or dishonesty and bad faith. It involves a design to deceive others

A

Fraud (Deceit or Dolo)

68
Q

___ is relative and depends upon the circumstances therefore liability arising from it may be regulated by the courts

A

Negligence; Negligence (Fault or Culpa)

69
Q

Generally, ___ must be proven, however there are cases where it is presumed

A

negligence; Negligence (Fault or Culpa)

70
Q

___ contemplated under this articles is ___ and not culpa aquiliana, as it involves a breach of an obligation. They are treated differently by law.

A

Negligence; culpa contractual; Negligence (Fault or Culpa)

71
Q

It is the failure to perform or deliver on time upon demand for fulfilment of the obligation

A

Delay or Default (Mora)

72
Q

It is the violation of the terms and conditions stipulated in the obligation

A

Contravention to the Tenor of the Obligation

73
Q

Includes any illicit act which impairs the strict and faithful fulfilment of the obligation, or every kind of defective performance

A

Contravention to the Tenor of the Obligation

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