oblicon

Question 1

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

Answer 1

Article 1156

Question 2

A legal relation established between parties, called creditor and debtor

Answer 2

Obligation

Question 3

the person who has the right or power to demand the prestation.

Answer 3

Active Subject

Question 4

the person who is bound to the fulfilment of the obligation; he who has the DUTY

Answer 4

Passive subject

Question 5

subject matter of the obligation (giving, doing, not doing)

Answer 5

Prestation

Question 6

efficient cause which binds the parties to the obligation

Answer 6

Juridical tie

Question 7

Obligations derived from law are not presumed. Only those expressly provided under the Civil Code and other special laws are demandable and enforceable.

Answer 7

Law

Question 8

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

Answer 8

Article 1305

Question 9

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith

Answer 9

Article 1159

Question 10

a legal obligation that a judge imposes to prevent one party from benefiting at the expense of another. It’s also known as an implied contract or constructive contract.

Answer 10

Quasi contacts

Question 11

Voluntary management of the property or affairs of another without the knowledge or consent of the latter.

Answer 11

Negotiorum gestio

Question 12

is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.

Answer 12

Solutio indebiti

Question 13

restoration of the thing itself

Answer 13

Restitution

Question 14

court determines the amount of damage: price of a thing, sentimental value, etc.

Answer 14

Reparation of damage caused

Question 15

undisputable principle of equity

Answer 15

Quasi-delicts

Question 16

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.

Answer 16

Article 2176

Question 17

Did the defendant, in doing the alleged negligent act, use the reasonable care and caution which an ordinary prudent man would have used in the same situation?

Answer 17

Test of negligence

Question 18

negligence should be the proximate cause of damage for liability to attach

Answer 18

Culpa aquiliana

Question 19

any cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the result complained of and without which would not have occurred and from which it ought to have been forseen or reasonably anticipated by a person of ordinary case that the injury complained of or some similar injury, would result therefrom as a natural and probable consequence.

Answer 19

Proximate cause

Question 20

negligence in the performance of a contract

Answer 20

Culpa contractual

Question 21

It is a type of fault that can lead to criminal punishment.

Answer 21

Culpa criminal