Oblicon (chronological order based on the book) Flashcards
The term — means any rule of action or any system of uniformity
Law
Law which is not promulgated and enforced by law
Law (in the non-legal sense)
Law may be divided into 2 general groups
- Law (in the strict legal sense)
- Law (in the non-legal sense)
Law which is promulgated and enforced by the state.
Law (in the strict legal sense)
Subjects of Laws
- State Law
- Divine Law
- Natural Law
- Moral law
- Physical Law
Law of religion and faith
Divine Law
Divin inspiration in man of the sense of justice, fairness, and righteousness not by divine revelation or formal promulgation.
Natural Law
Totality of the norms of good and right conduct growing out of the collected sense of right and wrong of every community
Moral Law
In the operation or course of nature, there are uniformities of actions and orders of sequence which are physical phenomena.
Physical Law
Particularly concerns us in this work in the state law
State Law
Deals with obligations and contracts
Book 4 of the Civil Code
Organizations of Courts
- Regular Courts
- Special Courts
- Quasi-judicial Agencies
Characteristics of Law
- It is a rule of conduct
- It is obligatory
- It is promulgated by legitative authority
- It is common observance and benefit
Sources of Law
- Constitution
- Legislation
- Administrative or executive orders, regulations, and rulings
- Judicial decisions or Jurisprudence
- Customs
- Other sources
The term ——– is derived from the Latin word obligatio which means tying or *binding *
Obligation
The court may be asked to order the performance of an obligation if the debtor refuses to perform it.
Juridical Necessity
Essential requisites of an obligation
- Passive Subject (Debtor/Obligor)
- Active Subject (Creditor/Obligee)
- Object/Prestation (Subject matter of the Obligation)
- Juridical/Legal Tie (Efficient Cause)
Refers to the manner in which an obligation is manifested or incurred
Form of an Obligation
Kinds of Obligation according to the Subject Matter
- Real Obligation
- Personal Obligation
Obligations arise from:
- Law
- Contracts
- Quasi-contracts
- Act or Omissions punished by law
- uasi-delicts
Contractual Obligations:
- Binding Force
- Requirement of a valid contract
- Breach of Contract
Obligations arising from contract have the force of law between contracting parties
Binding force
A contract is valid if it is not contrary to law, morals, and good customs, public order, and public policy.
Requirements of Valid Contract
A contract may be breached or violated by a party in whole or in part.
Breach of Contract
Compliance or performance in accordance with stipulations or terms of the contract or agreement.
Compliance of good faith
- Juridical relation resulting from lawful, voluntary and unilateral acts by a virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another
- It is not, properly, a contract at all
Quasi-contract
Kinds of Quasi-contracts
- Negotiorum Gestio
- Solutio Indebiti
- Other examples of quasi-contracts
Voluntary management of the property of another without the knowledge or consent of the latter.
Negotiorum Gestio
Act or omission by a person which causes damage to another in his person, property, or rights
Quasi-delict
Juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered by mistake.
Solutio Indebiti
A thing is —– when it refers only to a class or genus to which it pertains and cannot be pointed out with particularly
Generic/Indeterminate Thing
A thing is said to be —– particularly designated or physically segregated from others of the same class.
ex: The watch I am wearing
The car sold to B
Specific/Determinate Thing
Different kinds of Fruits
- Natural
- Industrial
- Civil
Right or power of a person
Personal rights
Things joined to or included with the principal thing for the latter’s better use or completion
Accessories
Right or interest of a person over a specific thing
Real Right
Fruits of a thing or additions to or improvements upon a thing
Accessions
Kinds of Delay/Default
- Mora Solvendi (delay on the part of debtor)
- Mora Accipiendi (delay on the part of creditor)
- Compensatio Morae (delay of the obligor cancels the delay of the obligee)
Grounds for liability:
- Fraud (deceit/dolo)
- Negligence(fault/culpa)
- Delay(mora)
- Contravention of the terms of the obligation
Deliberate or intentional evasion by the debtor of the normal compliance of his obligation.
Fraud
Omission of that diligence required by the nature of the obligation and corresponds with the circumstance of the person, time, and place
Negligence
The attention and care required of a person in a given situation
Diligence
The interference of a fact not actually known arising from its usual connection with another which is known or proved
Presumption
One whose consequences are subject in one way or another to the fulfillment of a condition
Conditional Obligation
A future and uncertain event, upon the happening of which, the acquisition or extinguishment of an obligation (or right) subject to it depends
Condition
A condition suspensive in nature and which depends upon the sole will of one of the contracting parties known as
Potestative condition
If the suspensive condition depends upon chance or upon the will of a third person, the obligation subject to it is valid.
Casual Condition
The obligation is valid if the suspensive condition depends partly upon chance and partly upon the will of a third person.
Mixed Condition
2 Kinds of Impossible Conditions:
- Physically impossible condition
- Legally impossible condition
When they, in nature of things, cannot exist or cannot be done.
Physically impossible condition
When they are contrary to law, morals, good customs, public order, or public policy.
Legally impossible conditions
Kinds of loss:
- Physical Loss
- Legal Loss
- Civil LossH
When only one party is obliged to comply with the prestation
Unilateral
When both parties are mutually bound to each other.
Bilateral
A future and certain event upon the arrival of which the obligation suject to it either arises or is terminated.
Period/Term
Each debtor is liable only for a proportionate part of the debt, and each creditor, proportionately of the credit. (Proportionately) (Pro rata) (Mancomunada) (Mancomunada simple)
Joint obligation
Each debtor is liable for the whole obligation, and each creditor is entitled to demand payment of the whole obligation. (Jointly and severally) (Individually and collectively) (In solidum) (Mancomunada solidaria) (Juntos o separadamente)
Solidary obligation
Refers to the subject matter only- thereby not being susceptible of partial performance. (can also be divisible physically, but indivisible by provision of law, or by intention of the parties)
Indivisibility
When two or more individuals are solidary liable, they are each responsible for the entire debt or obligation only if one of them fails to fulfill their share. If one party pays their share, the others are not responsible for paying the remaining amount.
Solidarity
When two or more individuals are jointly liable for a debt or asset, they are each responsible for the entire obligation. If one party fails to full their obligation, the other parties are also held responsible.
Jointly
