Nature and Effect of Obligations

Question 1

delay

Answer 1

demand… delay… damages… fortuitous

Question 2

demandability diagram

Answer 2

essential elements of obligation

demand rules

REAL obligations

Art. 19–in the PERFORMANCE of his duties must act with justice, give everyone his due, and must observe honesty and good faith

Question 3

demand rules

Question 4

real obligations

Answer 4

care… diligence

personal right to… thing and its fruits

personal right to… accessories and accessions

Question 5

Transmissibility of a right

Answer 5

rights are transmissible, except… those instransmissible by nature/law/stipulation (1178)

Question 6

mora accipiendi

Answer 6

lost without fault or delay…

Question 7

actual or compensatory damages

Question 8

moral damages

Question 9

Nominal damages

Question 10

Temperate or moderate damages

Answer 10

more than nominal

less than actual

Court finds that pecuniary loss has been suffered

but its amount cannot be ascertained

Question 11

Exemplary or corrective damages

Answer 11

by way of EXAMPLE

or CORRECTION for PUBLIC GOOD

in addition to

MORAL

TEMPERATE

ACTUAL

e.g. for sexually assaulting a pregnant woman

Question 12

accion indirect/accion subrogatoria

Question 13

accion pauliana

Question 14

Properties exempt from execution

Question 15

If by contract na-constitute, 1sts:

Answer 15

executory, Frauds, prescription

Question 16

Presumption (on payment of interest and/or payment of previous installments)

does not apply when…

Answer 16

There’s a reservation.

Creditor applies payment to principal.

Payment of taxes.

Question 17

Interest may be…

Answer 17

monetary or compensatory (damages in case of delay when there’s a court judgment)

Question 18

conclusive presumption

Question 19

rebuttable/disputable presumption/presumption juris tantum

Question 20

Quasi-conclusive presumption

Question 21

reciprocal obligations