Oblicon Flashcards

1
Q

What is Article 1156

A

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

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2
Q

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

A

Article 1156
Civid Code definition of obligation in its passive aspect

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3
Q

Obligation comes from the latin word __ which means

A

obligation
tying or binding

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4
Q

defines the term as “a legal relation established between one party and another, whereby the latter is bound to the fulfillment of a prestation which the former may demand of him.”

A

Manresa

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5
Q

Obligations which give to the creditor or obligee a right of action in courts of justice to enforce their performance are known as

A

Civil obligation

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6
Q

equity and natural law, do not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof.

A

natural obligation
article 1423

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7
Q

4 essential elements of obligation

A

passive subject (debtor/obligor)
active subject (creditor/obligee)
juridical tie/legal tie/vinculum juris
object/prestation (subject matter of the obligation/conduct required)

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8
Q

the person who is bound to the fulfillment of the obligation; he who has a duty;

A

passive subject

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9
Q

person who is entitled to demand the fulfillment of the obligation; he who has a right

A

active subject

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10
Q

(subject matter of the obligation) or the conduct required to be observed by the debtor. may consist of giving, doing, not doing. without the ___ there is nothing to perform.

A

object of prestation

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11
Q

parties are reciprocally debtors and creditors;

A

bilateral obligation (article 1191)

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12
Q

binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation.

A

juridical tie/ efficient cause
article 1157

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13
Q

is the act or performance which the law will enforce.

A

obligation

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14
Q

the power which a person has under the law, to demand from another any prestation.

A

right

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15
Q

act or omission of one party in violation of the legal right or rights of another, causing injury to the latter;’

A

wrong

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16
Q
A