oblicon reviewer Flashcards
huhuhuhuhu
future fraud is____
(valid, void)
void
past fraud is____
(valid, void)
valid
it is considered equivalent to fraud or shows bad faith. any waiver of an action for future negligence of this kind is void.
gross negligence
kinds of negligence according to source of obligation
culpa contractual
culpa aquiliana
culpa criminal
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.
culpa contractual/ contractual negligence
negligence which by itself is the source of an obligation between the parties not formally bound before by any pre-existing contract
civil contractual/ culpa aquiliana
negligence resulting in the commission of a crime.
culpa criminal/ criminal negligence
difference of culpa aquiliana and culpa contractual
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.
it is conduct that creates undue risk or harm to another.
negligence
factors to be considered in negligence
nature of the obligation
circumstances of the person
circumstances of time
circumstances of the place
the attention and care required of a person in a given situation and is the opposite of negligence
diligence
is any extraordinary event which cannot be foreseen, or which, though foreseen, is inevitable.
fortuitous event
it is an event which is either impossible to foresee or impossible to avoid.
fortuitous event
kinds of fortuitous events
ordinary fortuitous event
extraordinary
difference of acts of man and acts of god
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.
those events which are common and which the contracting parties could reasonably foresee (e.g., rain)
ordinary fortuitous event
those events which are uncommon and which the contracting parties could not have reasonably foreseen.
extraordinary fortuitous events
what are the primary classification of obligations under the Civil Code
-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
is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is immediately demandable.
pure obligation
is one whose consequences are subject in one way or another to the fulfillment of a condition.
conditional obligation
characteristics of a condition
future and uncertain
past but unknown
two principal kinds of condition
suspensive and resolutory
one the fulfillment of which will give rise to an obligation (or right)
suspensive condition
one the fulfillment of which will extinguish an obligation (or right) already existing.
resolutory condition
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.
gross negligence
according to the time of commission, fraud may be ____
past or future
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.
usury
kinds of interest
-simple interest
-compound interest
-legal interest
-lawful interest
-unlawful interest
is meant the inference of a fact not actually known arising from its usual connection with another which is known or proved.
presumption
kinds of presumption
conclusive and disputable (rebuttable) presumptions
what are the secondary classification of obligations under the civil code?
-unilateral and bilateral obligations
-real and personal obligations
-determinate and generic obligations
-civil and natural
-legal, conventional, and penal obligations
classification of obligations according to Sanchez Roman
civil
natural
mixed
is a future and certain even upon the arrival of which the obligation subject to it either arises or extinguished.
period
refers only to an uncertain and future event.
condition
the condition depends upon the will of one of the contracting parties
potestative
the condition depends upon chance or upon the will of a third person
casual
the condition depends partly upon chance and partly upon the will of a third person.
mixed
there are several conditions and all must be fulfilled.
conjunctive
there are several conditions and only one or some of them must be fulfilled.
disjunctive
the condition is susceptible of partial performance
divisible
the condition is not susceptible of partial performance.
indivisible
where resolutory condition depends upon the will of debtor, the obligation is___(valid, void)
valid
where suspensive condition depends upon the will of debtor, the conditional obligation shall be___ (valid, void)
void
a condition which is both potestative and resolutory may be___ (valid, void), even though the condition is left to the will of the obligor.
valid
if the suspensive condition depends upon chance or upon the will of a third person, the obligation subject to it is____(valid, void)
valid
the obligation is (valid, void) if the suspensive condition depends partly upon chance and partly upon the will of a third person
valid
two kinds of impossible conditions
physically and legally impossible conditions
when they, in the nature of things, cannot exist or cannot be done
physically impossible conditions
when they are contrary to law, morals, good customs, public order, or public policy
legally impossible conditions
article 1189 applies only if:
- suspensive in nature
- the obligation is a real obligation
- the object is a specific or determinate thing
- the condition is fulfilled
- there is loss, deterioration, or improvement of the thing
kinds of loss
physical loss
legal loss
civil loss
it is kind of loss where a thing perishes
physical loss
it is kind of loss where a thing goes out of commerce
legal loss
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.
civil loss
when only one party is obliged to comply with a prestation
unilateral
when both parties are mutually bound to each other.
bilateral
one whose consequences are subjected
in one way or another to the expiration of said period or term.
obligation with a period
is a certain event which must
happen sooner or later at a date known beforehand, or at a time which
cannot be determined
period
may refer also to a past event unknown to the parties
condition
Kinds of period or term.
-Suspensive period
-Resolutory period
-Legal period
-Conventional or voluntary period
-Judicial period
-Definite period
-Indefinite period
The obligation begins only
from a day certain upon the arrival of the period
Suspensive period
The obligation is valid up to a
day certain and terminates upon the arrival of the period.
Resolutory period
When it is provided for by law
legal period
When it is agreed to by
the parties
conventional period / voluntary period
When it is fixed by the court.
judicial period
When it is fixed or it is known when it will
come
definite period
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.
indefinite period
The term obligation is derived from the Latin word____
obligatio
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.
damages
Obligations which give to the creditor or obligee a right of action in courts of justice to enforce their performance are known as____
civil obligations
Essential requisites of an obligation
passive subject
active subject
object/prestation
legal tie/juridical tie
refers to the act or performance which the law will enforce.
obligation
it is the power which a person has under the law, to demand from another any prestation.
right
is the illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another
injury
Kinds of obligation according to subject matter.
real obligation
personal obligation
(obligation to give) or that in which the subject matter is a thing which the obligor must deliver to the obligee
real obligation
(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.
personal obligation
kinds of personal obligation
negative personal obligation
positive personal obligation
what are the sources of obligations?
laws
contracts
quasi-contracts
acts or omissions punished by law
quasi-delicts/torts
when they arise from the stipulation of the parties
contracts
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
quasi-contracts
when they arise from civil liability which is the consequence of a criminal offense
Crimes or acts or omissions punished by law
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
quasi-delicts
This refers to fraudulent behavior that occurs unintentionally or as a byproduct during the performance of obligations outlined in a contract
incidental fraud
This type of fraud involves intentional deceit or manipulation that directly influences one party to enter into a contract.
causal fraud
is one where only one prestation has been agreed upon but the obligor may render another in substitution.
facultative obligation
one where there is only one obligor and one obligee
individual obligation
one where there are two or more debtors and/or two or more creditors. It may be joint or solidary.
collective obligation
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.
joint obligation
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.
solidary obligation
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.
alternative obligation
In alternative obligations, the right of choice is belongs to the_____
debtor
this is obligation that all of the debtors are liable for the breach of the obligation committed by a co-debtor
solidary obligation
when the parties are bound by the same stipulations or clauses
uniform
when the parties are not subject to the same stipulations or clauses.
non-uniform
