obligation and contracts Flashcards
the duty not to recover what
has voluntarily been paid although payment was
no longer required.
Natural Obligation
where only one of the parties is
bound.
Unilateral
where both parties are bound.
Bilateral
products of the soil through cultivation or human labor, such as palay and vegetables, planted by farmers.
Industrial fruits
fruits arising out of juridical relation, such as rent of lands,
apartments and buildings.
Civil fruits
Omission of that diligence which is required by the
nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place.
Negligence (Culpa).
An event which could not be foreseen or which though foreseen was inevitable.
Fortuitous Event.
the conscious and intentional proposition to evade normal fulfilment of an obligation.
Fraud (Dolo).
Non-fulfilment of the obligation with respect to time, generally after demand to perform it has been made.
Default or Delay (Mora)
delay of the debtor to perform his obligation
Mora Solvendi
delay of the creditor to accept the delivery of the thing which is the object of the obligation
Mora Accipendi
delay of the parties or obligors in reciprocal obligations.
Compensatio Morae
One whose effectivity or extinguishment does not
depend upon the fulfilment or non-fulfilment of a condition or
upon the expiration of a term or period and is demandable at
once.
Pure Obligation.
One whose effectivity is subordinated to the fulfilment or non-fulfilment of a future and uncertain fact or
event.
Conditional Obligation.
fulfillment of the condition results in the acquisition of rights arising out of the obligation.
Suspensive
It is one where only one prestation has been agreed upon but the debtor may give another object as substitute.
Facultative obligation.
obligation is one where out of two or more prestations which may be given, only one is due.
Alternative Obligation
It is one where the whole liability is to be paid or
fulfilled proportionately by the different debtors and/or is to
be demanded also proportionately by the different creditors.
Joint Obligation.
It is one where each one of the debtors is bound to
render compliance of the entire obligation and/or each one
of the creditors has a right to demand entire compliance of
the prestation.
Solidary Obligation.
takes place without the agreement but by
operation of law because of certain acts.
Legal
