Nature and Effect of Obligations Flashcards
What is the definition of an obligation under Philippine law?
An obligation is a legal tie or bond whereby a person is bound to perform a certain act in favor of another.
True or False: An obligation can only be to give something.
False
Fill in the blank: Obligations can arise from ________.
contracts, law, quasi-contracts, delicts, and acts or omissions.
What are the three essential requisites of an obligation?
The active subject, the passive subject, and the object of the obligation.
Multiple Choice: Which of the following is NOT a source of obligations? A) Law B) Contract C) Will D) Delict
C) Will
What is a ‘contract’ in the context of obligations?
A contract is an agreement between two or more parties that creates mutual obligations enforceable by law.
True or False: Obligations can be classified into civil and natural obligations.
True
What is a civil obligation?
A civil obligation is one that is enforceable by law.
What is a natural obligation?
A natural obligation is one that is not legally enforceable but is recognized by law.
Fill in the blank: The debtor in an obligation is the party who is ________.
bound to perform the obligation.
Multiple Choice: Which of the following is an effect of an obligation? A) It can be transferred B) It can be ignored C) It can be expired D) It can be created
A) It can be transferred
What is ‘tender of payment’?
Tender of payment is the offer of the debtor to pay the creditor the amount due.
True or False: A debtor can unilaterally change the terms of an obligation.
False
What is ‘dation in payment’?
Dation in payment is the delivery of a thing other than that which is due in order to extinguish an obligation.
Fill in the blank: The extinction of an obligation can occur through ________.
payment, loss of the object, mutual agreement, and compensation.
What does ‘compensation’ mean in the context of obligations?
Compensation is the extinguishment of two debts that are due and demandable, where one debt is set off against the other.
Multiple Choice: Which is NOT a way to extinguish an obligation? A) Payment B) Novation C) Breach D) Loss of the object
C) Breach
What is ‘novation’?
Novation is the replacement of an old obligation with a new one, extinguishing the original obligation.
True or False: A creditor has the right to demand performance of an obligation.
True
What is ‘default’ in obligations?
Default occurs when a debtor fails to perform the obligation within the stipulated time.
Fill in the blank: In case of default, the creditor may demand ________.
damages.
What is meant by ‘liability for damages’ in the context of obligations?
Liability for damages means that a debtor may be required to compensate the creditor for losses incurred due to non-performance.
Multiple Choice: Which of the following can be a consequence of non-performance? A) Damages B) Release from obligation C) Increased obligation D) None of the above
A) Damages
What is ‘force majeure’?
Force majeure refers to unforeseeable circumstances that prevent someone from fulfilling a contract.
True or False: A debtor is liable for damages caused by force majeure.
False
What is the general rule regarding the obligation to pay damages in Article 1179?
The general rule is that damages are to be paid in case of non-fulfillment of an obligation.
True or False: Article 1180 states that obligations with a resolutory condition are void.
False
Fill in the blank: According to Article 1181, an obligation is __________ when the fulfillment of the obligation is subject to a suspensive condition.
conditional
What does Article 1182 state about obligations with a suspensive condition?
Obligations with a suspensive condition cannot be enforced until the condition is fulfilled.
According to Article 1183, what happens if the condition is impossible?
If the condition is impossible, the obligation is void.
What is the effect of a resolutory condition as per Article 1184?
The obligation is valid until the resolutory condition occurs, at which point it ceases to exist.
True or False: Article 1185 states that the condition is considered fulfilled when the debtor is in default.
True
What does Article 1186 explain about the effects of a condition?
The effects of the obligation are suspended until the condition occurs.
Fill in the blank: Under Article 1187, a condition that is __________ is considered a suspensive condition.
possible
What does Article 1190 indicate about the rights of the creditor in the event of a breach of obligation?
The creditor has the right to demand specific performance or damages.
According to Article 1191, what can the debtor do if the creditor does not fulfill their obligation?
The debtor may demand the performance of the obligation.
True or False: Article 1192 allows for the possibility of legal compensation.
True
What does Article 1193 state regarding the law applicable to obligations?
The law applicable to obligations is determined by the parties’ agreement or by law.
What is the main subject of Article 1194?
Article 1194 deals with the effects of the obligation in case of fortuitous events.
Fill in the blank: According to Article 1195, if the obligation is legal, it is governed by __________.
law
What does Article 1196 say about the performance of obligations?
Obligations must be performed in good faith.
True or False: Article 1197 states that a debtor can be released from their obligation by paying damages.
True
According to Article 1198, what is the effect of a waiver of an obligation?
The waiver extinguishes the obligation.
What does Article 1199 say about the extinction of obligations?
Obligations are extinguished by payment, novation, mutual consent, and other causes provided by law.
Fill in the blank: Under Article 1200, obligations may also be extinguished by __________.
remission
According to Article 1201, what happens to obligations that are not fulfilled?
They may be enforced through legal means.
What does Article 1202 state regarding the liability of debtors?
Debtors are liable for damages if they fail to perform their obligations.
True or False: Article 1203 allows for a debtor to be freed from liability if they can prove fortuitous event.
True
What is the primary focus of Article 1204?
Article 1204 focuses on the performance of obligations in terms of time and place.
What does Article 1205 determine about the place of performance?
The place of performance is determined by the agreement of the parties or by law.
