Oblicon Flashcards
What is Article 1156
An obligation is a juridical necessity to give, to do or not to do
An obligation is a juridical necessity to give, to do or not to do
gives the ___
Article 1156
Civid Code definition of obligation in its passive aspect
Obligation comes from the latin word __ which means
obligation
tying or binding
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.”
Manresa
Obligations which give to the creditor or obligee a right of action in courts of justice to enforce their performance are known as
Civil obligation
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.
natural obligation
article 1423
4 essential elements of obligation
passive subject (debtor/obligor)
active subject (creditor/obligee)
juridical tie/legal tie/vinculum juris
object/prestation (subject matter of the obligation/conduct required)
the person who is bound to the fulfillment of the obligation; he who has a duty;
passive subject
person who is entitled to demand the fulfillment of the obligation; he who has a right
active subject
(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.
object of prestation
parties are reciprocally debtors and creditors;
bilateral obligation (article 1191)
binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation.
juridical tie/ efficient cause
article 1157
is the act or performance which the law will enforce.
obligation
the power which a person has under the law, to demand from another any prestation.
right
act or omission of one party in violation of the legal right or rights of another, causing injury to the latter;’
wrong