NATURE AND EFFECTS OF OBLIGATIONS Flashcards
Segregated from others of the same class or style
Specific or Determinate Thing
Class or genus an item is considered to belong and it cannot be pointed out specifically
Generic or Indeterminate Thing
The spontaneous products of the soil and the young and other products of animals
Natural Fruits
Those produced by lands of any kind through cultivation or labor
Industrial Fruits
Those derived by virtue of a juridical relation
Civil Fruits
The right of the creditor to demand from the debtor as fulfillment to the latter’s obligation
Personal Right
Right of a person over a determinate thing without any passive subject against whom the right may be personally enforced
Real Right
Fruits of a thing or additions to or improvements upon the thing
Accessions
Things joined to or included with the principal thing for the latter’s embellishment, better use, or completion
Accessories
Mere failure to perform an obligation
Ordinary Delay
Failure to perform an obligation which constitutes the breach of obligation
Legal Delay
Kinds of Delay or Default:
The delay on the part of the debtor to fulfill his obligation
Mora Solvendi
Kinds of Delay or Default:
The delay on the part of the creditor to accept the completion of the obligation
Mora Accipiendi
Kinds of Delay or Default:
The delay of both obligors in a reciprocal obligation
Compensatio Morae
Grounds of Liability:
The deliberate or intentional evasion of the normal fulfillment of an obligation
Fraud (Deceit or Dolo)
Grounds of Liability:
Any voluntary act or omission, there being no bad faith or malice, which prevents the normal fulfillment of an obligation
Negligence (Fault or Culpa)
Grounds of Liability:
Violation of the terms and conditions stipulated in the obligation
Contravention of the terms of the obligation
Kinds of Negligence According to Source of Obligation:
Negligence in contracts resulting in their breach
Contractual Negligence (Culpa Contractual)
Kinds of Negligence According to Source of Obligation:
Negligence which by itself is the source of an obligation between the parties not so related before by any preexisting contract
Civil negligence (Culpa Aquiliana)
Kinds of Negligence According to Source of Obligation:
Negligence resulting in the commission of a crime
Criminal negligence (Culpa Criminal)
Any inevitable event, foreseen or not
Fortuitous Event
An event independent of the will of the obligor but not of other human wills
Acts of Man
Events which are totally independent will of every human being
Acts of God (Majeure)
Kinds of Fortuitous Events:
Common and which the contracting parties could reasonably foresee
Ordinary Fortuitous Events
Kinds of Fortuitous Events:
Uncommon and which the contracting parties could not have reasonably foreseen
Extra-ordinary Fortuitous Events
Contracting for or receiving interest in excess of the mount allowed by law for the loan or use of money, goods, chattels, or credits
Usury
