OBLICON Flashcards
juridical necessity
.
obligation
.
obligatio
.
different kinds of prestation
.
obligation to give
.
obligation to do
.
obligation not to do
.
civil obligation v. natural obligation
.
civil obligation
.
natural obligation
.
prescriptions/statute of limitations
.
prescriptive periods in obligation
.
essential requisites of obligation
.
active subject
.
passive subject
.
object/prestation
.
juridical tie
.
right
.
wrong
.
plaintiff
.
defendant
.
cause of action
.
sources of obligation
.
law/legal obligation
.
contract
.
quasi-contract
.
kinds of quasi-contract
.
delict
.
general rule of delict
.
exception of delict
.
quasi-delict
.
delict v. quasi-delict
.
scope of civil liability
.
level of evidence
.
requisites of quasi-delict
.
law v. contract
.
quasi-contract v. quasi-delict
.
contract v. quasi-contract
.
basic obligation of a debtor
.
specific thing
.
generic thing
.
specific v. generic
.
levels of diligence
.
diligence required
.
rights given
.
personal right
.
real right
.
different kinds of fruits
.
what transfers ownership?
.
when will be entitled to the fruits?
.
right of creditor to the fruits
.
obligation of a debtor in an obligation to give a specific thing
.
obligation of a debtor in an obligation to deliver a generic thing
.
remedies of creditors in real obligation
.
accessions
.
accessories
.
types of accession
.
remedies of creditors in positive personal obligation
.
involuntary servitude
.
remedies of creditor in negative personal obligation
.
forms of breach of obligations
.
delay
.
ordinary delay
.
legal delay
.
kinds of delay
.
no delay
.
requisites of delay by the debtor
.
exception in delay
.
general rule on delay
.
instances when debtor is liable to pay for damages
.
kinds of damages
.
fraud
.
kinds of fraud
.
dolo causante v. dolo incidente
.
negligence
.
kinds of negligence
.
culpa contractual v. culpa aquiliana v. culpa criminal
.
fraud v. negligence
.
limited generic thing
.
master and servant rule
.
waiver
.
can be waived?
.
test of negligence
.
factors to considered when a person is negligent
.
fortuitous event
.
kinds of fortuitous event
.
requisites of a fortuitous event
.
general rule in fortuitous event
.
exception in fortuitous event
.
mutuum v. commodatum
.
usury
.
requisites for recovery of interest
.
presumption
.
kinds of presumption
.
exception to presumption
.
remedies available to creditors for satisfaction of their monetary claims
.
general rule of article 1178
.
exception in article 1178
.
primary classifications of obligation
.
secondary classifications of obligation
.
pure obligation
.
effect of pure obligation
.
conditional obligation
.
condition
.
period
.
period v. condition
.
instances when obligation is demandable at once
.
classification of condition
.
effect of happening of condition
.
suspensive condition
.
resolutory condition
.
suspensive condition v. resolutory condition
.
duration of period depends on the debtor
.
potestative condition
..
casual condition
.
mixed condition
.
exception to condition on debtor or if the condition depends on debtor
.
impossible condition
.
kinds of impossible condition
.
general rule in impossible condition
.
exception in impossible condition
.
doctrine of constructive fulfillment
.
positive suspensive condition
.
negative suspensive condition
.
constructive fulfillment of suspensive condition
.
rights pending fulfillment of suspensive condition
.
retroactive
.
retroactive effects of fulfillment of suspensive condition
.
requisites for application of article 1189
.
kinds of loss
.
rules in case of loss, deterioration, or improvement
.
effects of resolutory condition
.
kinds of obligation according to the person obliged
.
kinds of bilateral
.
remedies in reciprocal obligation
.
general rule in reciprocal obligation
.
exception in reciprocal obligation
.
general rule if you are going to rescind
.
exception if you are going to rescind
.
limitations on the power to rescind
.
where both parties are guilty of breach
.
day certain
.
kinds of period according to effect
.
kinds of period according to source
.
kinds of period according to definiteness
.
payment before arrival of the period, the general rule, and exception
.
what can be recovered if payment in advance?
.
general rule of 1196
.
for the benefit of the debtor only
.
for the benefit of creditor only
.
general rule in article 1197
exception in article 1197
.
instances that the debtor cannot pay the obligation
.
general rule, exception, and effect of 1198
.
indemnity
.
kinds of obligation according to object
.
kinds of compund
.
kinds of distributive
.
general rule in 1199
.
general rule and exception in 1200
.
limitations on the debtor’s right to choose
.
effect of communication of choice
.
effect when only one prestation is practicable
.
is alternative obligation possible if its is to give or to do
.
debtor’s choice but it’s the creditor’s fault
.
debtor’s choice and debtor’s fault
.
creditor’s choice and debtor’s fault
.
do we know what is due in alternative?
do we know what is due in facultative?
.
what is due before substitution?
.
what is due after substitution?
.
alternative v. facultative
.
