Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

my reviewer > oblicon reviewer > Flashcards

oblicon reviewer Flashcards

huhuhuhuhu

1
Q

future fraud is____
(valid, void)

A

void

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

past fraud is____
(valid, void)

A

valid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

it is considered equivalent to fraud or shows bad faith. any waiver of an action for future negligence of this kind is void.

A

gross negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

kinds of negligence according to source of obligation

A

culpa contractual
culpa aquiliana
culpa criminal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

this kind of negligence is not a source of obligation. it merely makes the debtor liable for damages in view of his negligence in the fulfillment of a pre-existing obligation resulting in its breach or non-fulfillment.

A

culpa contractual/ contractual negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

negligence which by itself is the source of an obligation between the parties not formally bound before by any pre-existing contract

A

civil contractual/ culpa aquiliana

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

negligence resulting in the commission of a crime.

A

culpa criminal/ criminal negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

difference of culpa aquiliana and culpa contractual

A

in culpa aquiliana, the plaintiff has the burden of proving that the defendant was at fault or negligent while in culpa contarctual, once the plaintiff proves a breach of contract, there is a presumption that the defendant was at fault or negligent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

it is conduct that creates undue risk or harm to another.

A

negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

factors to be considered in negligence

A

nature of the obligation
circumstances of the person
circumstances of time
circumstances of the place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

the attention and care required of a person in a given situation and is the opposite of negligence

A

diligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

is any extraordinary event which cannot be foreseen, or which, though foreseen, is inevitable.

A

fortuitous event

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

it is an event which is either impossible to foresee or impossible to avoid.

A

fortuitous event

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

kinds of fortuitous events

A

ordinary fortuitous event
extraordinary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

difference of acts of man and acts of god

A

acts of man- an event independent of the will of the obligor but not of other human wills

acts of god- they are those events which are totally independent of the will of every human being. they are also called force majeure. generally applies to a natural accident.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

those events which are common and which the contracting parties could reasonably foresee (e.g., rain)

A

ordinary fortuitous event

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

those events which are uncommon and which the contracting parties could not have reasonably foreseen.

A

extraordinary fortuitous events

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what are the primary classification of obligations under the Civil Code

A

-pure and conditional obligations
-obligations with a period
-alternative and facultative obligations
-joint and solidary obligations
-divisible and indivisible obligations
-obligations with a penal clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is immediately demandable.

A

pure obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A

conditional obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

characteristics of a condition

A

future and uncertain
past but unknown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

two principal kinds of condition

A

suspensive and resolutory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

one the fulfillment of which will give rise to an obligation (or right)

A

suspensive condition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

one the fulfillment of which will extinguish an obligation (or right) already existing.

A

resolutory condition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

the entire absence of care, acting or omitting to act on a situation where there is a duty to act, not inadvertently but willfully and intentionally.

A

gross negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

according to the time of commission, fraud may be ____

A

past or future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

it is contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels, or credits.

A

usury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

kinds of interest

A

-simple interest
-compound interest
-legal interest
-lawful interest
-unlawful interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

is meant the inference of a fact not actually known arising from its usual connection with another which is known or proved.

A

presumption

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

kinds of presumption

A

conclusive and disputable (rebuttable) presumptions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

what are the secondary classification of obligations under the civil code?

A

-unilateral and bilateral obligations
-real and personal obligations
-determinate and generic obligations
-civil and natural
-legal, conventional, and penal obligations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

classification of obligations according to Sanchez Roman

A

civil
natural
mixed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

is a future and certain even upon the arrival of which the obligation subject to it either arises or extinguished.

A

period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

refers only to an uncertain and future event.

A

condition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

the condition depends upon the will of one of the contracting parties

A

potestative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

the condition depends upon chance or upon the will of a third person

A

casual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

the condition depends partly upon chance and partly upon the will of a third person.

A

mixed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

there are several conditions and all must be fulfilled.

A

conjunctive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

there are several conditions and only one or some of them must be fulfilled.

A

disjunctive

40
Q

the condition is susceptible of partial performance

A

divisible

41
Q

the condition is not susceptible of partial performance.

A

indivisible

42
Q

where resolutory condition depends upon the will of debtor, the obligation is___(valid, void)

A

valid

43
Q

where suspensive condition depends upon the will of debtor, the conditional obligation shall be___ (valid, void)

A

void

44
Q

a condition which is both potestative and resolutory may be___ (valid, void), even though the condition is left to the will of the obligor.

A

valid

45
Q

if the suspensive condition depends upon chance or upon the will of a third person, the obligation subject to it is____(valid, void)

A

valid

46
Q

the obligation is (valid, void) if the suspensive condition depends partly upon chance and partly upon the will of a third person

A

valid

47
Q

two kinds of impossible conditions

A

physically and legally impossible conditions

48
Q

when they, in the nature of things, cannot exist or cannot be done

A

physically impossible conditions

49
Q

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

A

legally impossible conditions

50
Q

article 1189 applies only if:

A
  1. suspensive in nature
  2. the obligation is a real obligation
  3. the object is a specific or determinate thing
  4. the condition is fulfilled
  5. there is loss, deterioration, or improvement of the thing
51
Q

kinds of loss

A

physical loss
legal loss
civil loss

52
Q

it is kind of loss where a thing perishes

A

physical loss

53
Q

it is kind of loss where a thing goes out of commerce

A

legal loss

54
Q

it is kind of loss where a thing disappears in such a way that its existence is unknown or even if known, it cannot be recovered.

A

civil loss

55
Q

when only one party is obliged to comply with a prestation

A

unilateral

56
Q

when both parties are mutually bound to each other.

A

bilateral

57
Q

one whose consequences are subjected
in one way or another to the expiration of said period or term.

A

obligation with a period

58
Q

is a certain event which must
happen sooner or later at a date known beforehand, or at a time which
cannot be determined

A

period

59
Q

may refer also to a past event unknown to the parties

A

condition

60
Q

Kinds of period or term.

A

-Suspensive period
-Resolutory period
-Legal period
-Conventional or voluntary period
-Judicial period
-Definite period
-Indefinite period

61
Q

The obligation begins only
from a day certain upon the arrival of the period

A

Suspensive period

62
Q

The obligation is valid up to a
day certain and terminates upon the arrival of the period.

A

Resolutory period

63
Q

When it is provided for by law

A

legal period

64
Q

When it is agreed to by
the parties

A

conventional period / voluntary period

65
Q

When it is fixed by the court.

A

judicial period

66
Q

When it is fixed or it is known when it will
come

A

definite period

67
Q

When it is not fi xed or it is not known
when it will come. Where the period is not fi xed but a period is
intended, the courts are usually empowered by law to fi x the same.

A

indefinite period

68
Q

The term obligation is derived from the Latin word____

A

obligatio

69
Q

it represent the sum of money given as a compensation for the injury or harm suffered by the creditor or obligee for the violation of his rights.

A

damages

70
Q

Obligations which give to the creditor or obligee a right of action in courts of justice to enforce their performance are known as____

A

civil obligations

71
Q

Essential requisites of an obligation

A

passive subject
active subject
object/prestation
legal tie/juridical tie

72
Q

refers to the act or performance which the law will enforce.

A

obligation

73
Q

it is the power which a person has under the law, to demand from another any prestation.

A

right

74
Q

is the illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another

A

injury

75
Q

Kinds of obligation according to subject matter.

A

real obligation
personal obligation

76
Q

(obligation to give) or that in which the subject matter is a thing which the obligor must deliver to the obligee

A

real obligation

77
Q

(obligation to do or not to do) or that in which the subject matter is an act to be done or not to be done.

A

personal obligation

78
Q

kinds of personal obligation

A

negative personal obligation
positive personal obligation

79
Q

what are the sources of obligations?

A

laws
contracts
quasi-contracts
acts or omissions punished by law
quasi-delicts/torts

80
Q

when they arise from the stipulation of the parties

A

contracts

81
Q

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

A

quasi-contracts

82
Q

when they arise from civil liability which is the consequence of a criminal offense

A

Crimes or acts or omissions punished by law

83
Q

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

A

quasi-delicts

84
Q

This refers to fraudulent behavior that occurs unintentionally or as a byproduct during the performance of obligations outlined in a contract

A

incidental fraud

85
Q

This type of fraud involves intentional deceit or manipulation that directly influences one party to enter into a contract.

A

causal fraud

86
Q

is one where only one prestation has been agreed upon but the obligor may render another in substitution.

A

facultative obligation

87
Q

one where there is only one obligor and one obligee

A

individual obligation

88
Q

one where there are two or more debtors and/or two or more creditors. It may be joint or solidary.

A

collective obligation

89
Q

is one where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to be demanded proportionately by the different creditors.

A

joint obligation

90
Q

is one where each one of the debtors is bound to render, and/or each one of the creditors has a right to demand entire compliance with the prestation.

A

solidary obligation

91
Q

is one wherein various prestations are due but the performance of one of them is sufficiently determined by the choice which, as a general rule, belongs to the debtor.

A

alternative obligation

92
Q

In alternative obligations, the right of choice is belongs to the_____

A

debtor

93
Q

this is obligation that all of the debtors are liable for the breach of the obligation committed by a co-debtor

A

solidary obligation

94
Q

when the parties are bound by the same stipulations or clauses

A

uniform

95
Q

when the parties are not subject to the same stipulations or clauses.

A

non-uniform

96
Q
A

my reviewer (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions