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Oblicon > Oblicon (chronological order based on the book) > Flashcards

Oblicon (chronological order based on the book) Flashcards

1
Q

The term — means any rule of action or any system of uniformity

A

Law

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2
Q

Law which is not promulgated and enforced by law

A

Law (in the non-legal sense)

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3
Q

Law may be divided into 2 general groups

A
  1. Law (in the strict legal sense)
  2. Law (in the non-legal sense)
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4
Q

Law which is promulgated and enforced by the state.

A

Law (in the strict legal sense)

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5
Q

Subjects of Laws

A
  1. State Law
  2. Divine Law
  3. Natural Law
  4. Moral law
  5. Physical Law
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6
Q

Law of religion and faith

A

Divine Law

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7
Q

Divin inspiration in man of the sense of justice, fairness, and righteousness not by divine revelation or formal promulgation.

A

Natural Law

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8
Q

Totality of the norms of good and right conduct growing out of the collected sense of right and wrong of every community

A

Moral Law

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9
Q

In the operation or course of nature, there are uniformities of actions and orders of sequence which are physical phenomena.

A

Physical Law

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10
Q

Particularly concerns us in this work in the state law

A

State Law

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11
Q

Deals with obligations and contracts

A

Book 4 of the Civil Code

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12
Q

Organizations of Courts

A
  1. Regular Courts
  2. Special Courts
  3. Quasi-judicial Agencies
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13
Q

Characteristics of Law

A
  1. It is a rule of conduct
  2. It is obligatory
  3. It is promulgated by legitative authority
  4. It is common observance and benefit
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14
Q

Sources of Law

A
  1. Constitution
  2. Legislation
  3. Administrative or executive orders, regulations, and rulings
  4. Judicial decisions or Jurisprudence
  5. Customs
  6. Other sources
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15
Q

The term ——– is derived from the Latin word obligatio which means tying or *binding *

A

Obligation

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16
Q

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

A

Juridical Necessity

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17
Q

Essential requisites of an obligation

A
  1. Passive Subject (Debtor/Obligor)
  2. Active Subject (Creditor/Obligee)
  3. Object/Prestation (Subject matter of the Obligation)
  4. Juridical/Legal Tie (Efficient Cause)
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18
Q

Refers to the manner in which an obligation is manifested or incurred

A

Form of an Obligation

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19
Q

Kinds of Obligation according to the Subject Matter

A
  1. Real Obligation
  2. Personal Obligation
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20
Q

Obligations arise from:

A
  1. Law
  2. Contracts
  3. Quasi-contracts
  4. Act or Omissions punished by law
  5. uasi-delicts
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21
Q

Contractual Obligations:

A
  1. Binding Force
  2. Requirement of a valid contract
  3. Breach of Contract
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22
Q

Obligations arising from contract have the force of law between contracting parties

A

Binding force

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23
Q

A contract is valid if it is not contrary to law, morals, and good customs, public order, and public policy.

A

Requirements of Valid Contract

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24
Q

A contract may be breached or violated by a party in whole or in part.

A

Breach of Contract

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25
Q

Compliance or performance in accordance with stipulations or terms of the contract or agreement.

A

Compliance of good faith

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26
Q
  • 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
A

Quasi-contract

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27
Q

Kinds of Quasi-contracts

A
  1. Negotiorum Gestio
  2. Solutio Indebiti
  3. Other examples of quasi-contracts
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28
Q

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

A

Negotiorum Gestio

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29
Q

Act or omission by a person which causes damage to another in his person, property, or rights

A

Quasi-delict

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30
Q

Juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered by mistake.

A

Solutio Indebiti

31
Q

A thing is —– when it refers only to a class or genus to which it pertains and cannot be pointed out with particularly

A

Generic/Indeterminate Thing

32
Q

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

A

Specific/Determinate Thing

33
Q

Different kinds of Fruits

A
  1. Natural
  2. Industrial
  3. Civil
34
Q

Right or power of a person

A

Personal rights

35
Q

Things joined to or included with the principal thing for the latter’s better use or completion

A

Accessories

36
Q

Right or interest of a person over a specific thing

A

Real Right

37
Q

Fruits of a thing or additions to or improvements upon a thing

A

Accessions

38
Q

Kinds of Delay/Default

A
  1. Mora Solvendi (delay on the part of debtor)
  2. Mora Accipiendi (delay on the part of creditor)
  3. Compensatio Morae (delay of the obligor cancels the delay of the obligee)
39
Q

Grounds for liability:

A
  1. Fraud (deceit/dolo)
  2. Negligence(fault/culpa)
  3. Delay(mora)
  4. Contravention of the terms of the obligation
40
Q
A
41
Q

Deliberate or intentional evasion by the debtor of the normal compliance of his obligation.

A

Fraud

42
Q
A
43
Q

Omission of that diligence required by the nature of the obligation and corresponds with the circumstance of the person, time, and place

A

Negligence

44
Q

The attention and care required of a person in a given situation

A

Diligence

45
Q

The interference of a fact not actually known arising from its usual connection with another which is known or proved

A

Presumption

46
Q

One whose consequences are subject in one way or another to the fulfillment of a condition

A

Conditional Obligation

47
Q
A
48
Q

A future and uncertain event, upon the happening of which, the acquisition or extinguishment of an obligation (or right) subject to it depends

A

Condition

49
Q

A condition suspensive in nature and which depends upon the sole will of one of the contracting parties known as

A

Potestative condition

50
Q

If the suspensive condition depends upon chance or upon the will of a third person, the obligation subject to it is valid.

A

Casual Condition

51
Q

The obligation is valid if the suspensive condition depends partly upon chance and partly upon the will of a third person.

A

Mixed Condition

52
Q

2 Kinds of Impossible Conditions:

A
  1. Physically impossible condition
  2. Legally impossible condition
53
Q

When they, in nature of things, cannot exist or cannot be done.

A

Physically impossible condition

54
Q

When they are contrary to law, morals, good customs, public order, or public policy.

A

Legally impossible conditions

55
Q

Kinds of loss:

A
  1. Physical Loss
  2. Legal Loss
  3. Civil LossH
56
Q

When only one party is obliged to comply with the prestation

A

Unilateral

57
Q

When both parties are mutually bound to each other.

A

Bilateral

58
Q

A future and certain event upon the arrival of which the obligation suject to it either arises or is terminated.

A

Period/Term

59
Q

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)

A

Joint obligation

60
Q

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)

A

Solidary obligation

61
Q

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)

A

Indivisibility

62
Q

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.

A

Solidarity

63
Q

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.

A

Jointly

64
Q
A
65
Q
A
66
Q
A
67
Q
A
68
Q
A
69
Q
A
70
Q
A
71
Q
A
72
Q
A
73
Q
A
74
Q
A

Oblicon (2 decks)

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