Nature and Effect of Obligations

Question 1

Those that are based on positive law and give a right to action to compel their performance.

e.g. Obligation to pay tax, to give support, deliver the goods purchased

Answer 1

Civil Obligations

Question 2

Those that are 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. (Art 1423)

e.g. payment made after prescription

Answer 2

Natural Obligations

Question 3

Obligation to give or deliver:
a) Obligation to deliver a ___
b) Obligation to deliver an ___

Answer 3

Real Obligation
a) determinate or specific thing
b) indeterminate or generic thing

Question 4

A thing is considered ___ when it has been particularly designated or physically segregated from all others of the same class or species.

Answer 4

determinate

Question 5

A thing is ___ if it has been designated merely by its class

Answer 5

generic

Question 6

This involves the obligation to do or not to do
a)___
b)___

Answer 6

Personal Obligation
a) Positive Personal Obligation
b) Negative Personal Obligation

Question 7

Article ___. Subject to the laws, all rights acquired in virtue of an obligation are ___, if there has been no stipulation to the contrary.
General Rule - rights and obligations are ___

Answer 7

Article 1178
transmissible
transmissible

Question 8

Exceptions to Transmissibility of Obligations

Answer 8

a) prohibited by law
b) prohibited by stipulations
c) purely personal

Question 9

Performance of Obligations
Standard norm is found under Article ___ “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith”

Answer 9

Article 19 NCC

Question 10

In obligations to give determinate thing
1. Obligee may compel the delivery of the things, that itself which was promised - Obligor cannot substitute it unless the obligee agrees OR the right has been reserve such as in alternative obligations.
(Art ___, Art ___)

Answer 10

Art 1224, Art 1165 NCC

Question 11

In Obligations to Give Determinate Thing
2. Obligor must take care of the things with the proper diligence of a good father of a family. Unless the law or stipulation of the parties requires another standard of care (Art ___)

Answer 11

Art 1163 NCC

Question 12

In Obligations to Give Determinate Thing
3. Obligation to deliver a determinate things includes that of delivering all its accessions and accessories, even though they may not have been mentioned (Art ___)

Answer 12

Art 1166 NCC

Question 13

In Obligations to Give Determinate Thing
4. The creditor has the right to the fruits of the things from the time the obligation to deliver arises. However, he shall have no real right over it UNTIL the same has been delivered to him. (Art ___)

Answer 13

Art 1164 NCC

Question 14

In Obligations to Give Indeterminate/Generic Thing
1. ___ must deliver a thing of the quality specified. If none is fixed, he must deliver one of ___ quality. Neither can the obligor deliver a thing of ___ nor the obligee demand one of ___.

Answer 14

Obligor
average
inferior quality
superior quality

Question 15

In Obligations to Give Indeterminate/Generic Thing
2. The creditor may as that the obligation be complied with at the expense of the debtor. (Art ___, Art ___)

Answer 15

Art 1246, Art 1165 NCC

Question 16

In Obligations To Do
1. if a person is obliged to do something, it must be done ___.

Answer 16

as promised

Question 17

In Obligations To Do
It cannot be substituted by another act or forbearance against the obligee’s will (Art ___)

Answer 17

Art 1244 NCC

Question 18

In Obligations To Do
if obligor fails to do it , it shall be executed ___.

Answer 18

at his cost

Question 19

In Obligations To Do
Obligor may not be compelled to do it personally or by himself (CRAIS)

Answer 19

Constitutional Right Against Involuntary Servitude

Question 20

In Obligations To Do
Same rule if he does it in ___(COTOTO).

Answer 20

Contravention of the tenor of the obligation

Question 21

In Obligations To Do
Poorly done be UNDONE (Art ___)

Answer 21

Art 1167 NCC

Question 22

In Obligations Not To Do
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall be undone at his expense. (Art ___)

Answer 22

Art 1168 NCC

Question 23

Breach of Obligation
Subject to such exceptions or qualifications as the law or the parties themselves may provide, obligations must be complied with ___ (“identity of the obligations”), and ___ (“integrity of obligations”) as promised or required.

Answer 23

PRECISELY
COMPLETELY

Question 24

Breach of Obligation
Those who in the performance of their obligations are guilty of ___, ___, or ___, and those who in any manner CONTRAVENE THE TENOR thereof, are ___ without need for a contractual stipulation or prior agreement.

Answer 24

FRAUD, NEGLIGENCE, or DELAY
LIABLE FOR DAMAGES

Question 25

Voluntary Breach of Obligation

Answer 25

1. Fraud
2. Negligence
3. Default
4. Contravention of tenor of the obligation

Question 26

is the deliberate and intentional evasion of the normal fulfillment of obligations

Answer 26

Fraud

Question 27

Responsibility arising from fraud is ___ in all obligations

Answer 27

demandable

Question 28

Any waiver of a n action for future fraud is void (Art ___)

Answer 28

Art 1171 NCC

Question 29

Present only during the performance of a pre-existing obligation

Answer 29

Fraud/Dolo in the performance

Question 30

Purpose is to evade the normal fulfillment of the obligation

Answer 30

Fraud/Dolo in the performance

Question 31

Present only during the time of birth or perfection of the obligation

Answer 31

Causal Fraud

Question 32

Purpose is to secure the consent of the other to enter into a contract

Answer 32

Causal Fraud

Question 33

Results in the non-fulfillment or breach of the obligation

Answer 33

Fraud/Dolo in the performance

Question 34

Results in the vitiation of consent

Answer 34

Causal Fraud

Question 35

Gives rise to a right of the obligee to recover damages from the debtor and not a cause of annulment of contract

Answer 35

Fraud/Dolo in the performance

Question 36

Gives rise to a right of an innocent party to annul the contract

Answer 36

Causal Fraud

Question 37

Valid obligation

Answer 37

Fraud/Dolo in the performance

Question 38

Voidable obligation

Answer 38

Causal Fraud

Question 39

The ___ or ___ of the obligor consists in the omission of the diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place.

Answer 39

fault or negligence

Question 40

When negligence shows bad faith, the provisions of Art ___ shall apply.

Answer 40

Art 1171

Question 41

Responsibility arising from ___ in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to circumstances (Art ___)

Answer 41

negligence
Art 1172 NCC

Question 42

Fortuitous Events

Answer 42

Accident (unforeseen) and Force Majeure (Foreseen but inevitable)

Question 43

No person shall be responsible for those events which could not be foreseen (___) or which thought foreseen were inevitable (___).

Answer 43

accident
force majeure

Question 44

Fortuitous Events
Except in cases:
1. Expressly specified by ___ (i.e. delay)
2. When it is otherwise declared by ___, or
3. When the nature of the obligation requires the ___ (Art ___)

Answer 44

law
stipulation
assumption of risk (Art 1174)