OBLICON

Question 1

Is a juridical necessity to give, to do, or not to do

Answer 1

Obligation

Question 2

The court may be asked to order the performance of an obligation if the debtor refuses to perform it.

Answer 2

Juridical Necessity

Question 3

Requisites of an
Obligation

Answer 3

1. Active Subject (Creditor
2. Passive Subject (Debtor)
3. Prestation
4. Efficient Cause

Question 4

The party who is obliged to perform the obligation

Answer 4

Passive Subject (Debtor)

Question 4

The party who has the right to demand performance.

Answer 4

. Active Subject (Creditor)

Question 5

object or subject matter, may consist of giving, doing or not doing.

Answer 5

Prestation

Question 6

Obligation arise from:

Answer 6

Any of the Five sources of an obligation:
a. Laws
b. Contracts
c. Quasi-contracts
d. Acts or omissions punished by law; and
e. Quasi-delicts

Question 7

When they are imposed by law itself

Answer 7

Law

Question 8

When they arise from stipulation of the parties

Answer 8

Contract

Question 9

When they arise from civil liability which is the consequences of a criminal offense

Answer 9

Crimes of Acts ommisions punished by law

Question 9

When they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another

Answer 9

Quasi-Contracts

Question 10

When they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exist between the parties

Answer 10

Quasi-delict or torts

Question 10

Voluntary management of the affairs of another.- the volunteer being entitled to the reimbursement of necessary or useful expenses.

Answer 10

Negotiorum gestio

Question 11

The obligation to return the payment
made by mistake.

Answer 11

Solutio indebitti

Question 12

Gives rise to criminal liabiity and civil liability restitution, reparation of the damage caused, and indemnification of consequential damages.

Answer 12

Delicts

Question 12

Not enforceable by court action- driven by equity and moral justice such that if the debtor voluntarily performs it, he can no longer recover what he has given.

Answer 12

Natural Obligations

Question 13

Acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relations between the parties.

Answer 13

Quasi-delicts (Tort)

Question 14

Based on positive law- enforceable by court action.

Answer 14

Civil Obligations

Question 15

Nature and Effect of Obligations

Answer 15

Determinate Thing- can be particularly designated or physically segregated from all others of the same class.
Generic Thing- residual of the determinate thing.

Question 15

Can be particularly designated or physically segregated from all others of the same class.

Answer 15

Deterinate Thing-

Question 15

Residual of the determinate thing.

Answer 15

Generic Thing

Question 15

Spontaneous products of the soil and the young and other products of animals.- grow naturally without the intervention of human labor.

Answer 15

Natural Fruits

Question 16

Kinds of Fruits

Answer 16

1. Natural Fruits
2. Industrial Fruits
3. Civil Fruits

Question 17

Produced by land of any kind through cultivation or labor.

Answer 17

Industrial Fruits

Question 18

Refer to all other laws not contained in the Civil Code

Answer 18

Special Laws

Question 19

A meeting of minds between two or more persons whereby one binds himself, with respect to the other, to give something or to render some service

Answer 19

Contract

Question 19

Results of a juridical relation- rent of a building, price of lease of land.

Answer 19

Civil fruits