Obligation - General Provisions Flashcards
An obligation is a juridical necessity _______, _____ or _______.
to give; to do; not to do
What is a tie of law or a juridical bond by virtue of which one is bound in favor of another to render something — and this may consist in giving a thing, doing a certain act, or not doing a certain act?
Obligation
What is the type of obligation that gives the obligee or creditor the right to enforce the performance of a prestation?
Civil obligation
What is the right that grants parties to enforce performance called?
Right of action or right
What is the type of obligation that does not grant parties the right of action?
Natural obligation
Known as passive subject of an obligation.
Obligor or debtor
Known as active subject of an obligation.
Obligee or creditor
In case of the voluntary fulfillment of obligor in a prestation under natural obligation, should the same be able to recover what he has already delivered or rendered?
He may not.
Does the law require obligations arising from contracts any form for their validity and binding force?
No.
What’s the only source of obligation that gives the latter form?
Contracts
What is an act or omission of one party in violation of the legal right or rights of another, causing injury to the latter?
Wrong (cause of action)
What are the essential requisites of an obligation?
- Obligor
- Obligee
- Prestation
What are the essential elements of a cause of action?
- a legal right of a plaintiff/creditor
- a legal obligation of a defendant/debtor
- the cause of action or wrong
If the complaint fails to state a cause of action because one of the elements of a cause of action is absent, what will it become vulnerable to?
Motion to dismiss
What happens when the cause of action stated is unclear or flawed?
Court will ask for further explanation or clarification. Motion to dismiss will not be approved.
Cause of action is approved based on which of the two: correctness of facts or completeness of facts or elements?
Completeness of facts or elements
When does cause of action arise?
When the last element occurs: that is, the transgression of rights
Define cause of action.
An act or omission of one party in violation of the legal right or rights of another, causing injury to the latter
What springs forth from cause of action?
Right of action
Obligation of a person cannot exist without what?
Corresponding right of another person
Facts: S and B entered into a contract to sell, whereby B, after making a downpayment, was given the option to pay the balance of the purchase price of a parcel of land. Later, S “rejected the contract to sell’’ even before the arrival of the period for the exercise of said option on the ground that the terms and conditions of the contract are grossly disadvantageous and highly prejudicial to his interest. S sent two (2) checks to B in an apparent effort to return the downpayment. S contends that the complaint was prematurely filed because at the time of the institution of the complaint, B has yet to exercise his option under the “Option of Buyer’’ clause of the contract. Has B a cause of action against S for prematurity?
Yes, all the elements are present.
What is the prescriptive period in which a cause of action based upon a WRITTEN CONTRACT should be brought after the breach of violation accrues?
10 years
What is described as the illegal invasion of a legal right, a wrongful act or omission, or a breach?
Injury
What is the loss, hurt, or harm that results from the injury?
Damage