Obligation L1 Flashcards
The essential elements of a cause of action are the following, except:
A. The obligation of the defendant
b. The legal right of the plaintiff
c. The act or omission of the plaintiff in violation of said legal right
d. The act or omission of the defendant in violation of said legal right
c. The act or omission of the plaintiff in violation of said legal right
Obligation of the debtor to deliver a thing, movable or immovable, to the creditor
Obligation to give
When a thing is particularly designated or physically segregated from all other of the same class
Specific thing
I. Obligation to do is also known as a negative personal obligation
II. Obligation not to do is otherwise known as positive personal obligation
False (I. Positive personal obligation, II. Negative personal obligation)
The following are essential elements of an obligation except:
a. debtor c. Presentation
b. Creditor d. Object
C. Presentation
The following are the sources of obligation, except:
a. Contract c. Prestation
b. Law d. Quasi-delict
C. Prestation
It is a .meeting of minds between two persons whereby one binds himself, with respect to other, to give something or to render some service.
Contract
Certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of another.
Quasi-contract
Where X voluntarily takes charge of the neglected business of Y without the latter’s authority where reimbursement must be made for necessary and useful expenses, there is:
a. Quasi-delict
b. Quasi contract
c. Negotiorum Gestio
d. Solutio Indebiti
C. Negotiorum Gestio
When a thing is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class
Generic/Indeterminate thing
It is a rule of conduct, just and obligatory , promulgated by legitimate authority, and of common observance and benefit.
Law
Whoever voluntary takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incident, or to require the person concerned to substitute him, if the owner is in position to do so.
Negotiorum Gestio
If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return arises.
Solutio Indebiti
Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. There is no pre-existing contractual relation between the parties.
a. quasi-delict
b. quasi-contract
c. negotiorum gestio
d. solutio indebiti
a. quasi-delict
The following are pre-requisite of quasi-delict except:
a. Damage suffered by plaintiff
b. Fault or negligence of defendant
c. Damages suffered by plaintiff
d. Connection of cause and effect between the fault or negligence of defendant and the damage incurred by plaintiff
c. Damages suffered by the plaintiff
A system of norms or rules of a character general and common which regulate the relations of persons, individual or collective, and which protects the person in his personality as well as his interests both moral and patrimonial.
a. Business Law
b. Civil Law
c. Criminal Law
d. Taxation Law
b. Civil Law
It is a juridical necessity to give, to do, or not to do.
Obligation
- Which of the following is not considered as quasi-contract?
a. Solutio Indebiti
b. Reimbursement due to the person who saved the property during fire or storm without the knowledge of the owner
c. Negotiorum gestio
d. When the third person, with or without the knowledge of the debtor, pays the debt
d. When the third person, with or without the knowledge of the debtor, pays the debt
It is a claim or title to an interest in anything whatsoever that is enforceable by law.
Right
It is a juridical relation whereby a person may demand from another the observance of determinative conduct, and in case of breach, may demand satisfaction from assets of the latter.
Obligation
It is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress or a wrong
a. Civil action
b. Special proceeding
c. Administrative action
d. Criminal action
a. Civil action
It is the act or omission by which a party violates a right of one another
a. Reason of action
b. Motive of action
c. Cause of action
d. Source of action
c. Cause of action
What article states “The juridical necessity to give, to do, or not to do”?
Article 1156
It means that in case of non-compliance, the courts of justice may be called upon to enforce its fulfillment or, in default thereof, the economic value it represents
Juridical Necessity
Obligation of the debtor to deliver a thing, movable or immovable, to creditor or for the use or possession of the recipient
Real Obligation
Obligation to do or not do
Personal Obligation
This is the obligation of the debtor or obligor to perform some work or service for the creditor or obligee
Positive Personal Obligation
This is the obligation of the debtor or obligor not to perform some act in favor of the creditor or obligee
Negative Personal Obligation
The person from whom the obligation is juridically demandable. the party who has the obligation to give, to do, or not to do
Passive Subject (Debtor or Obligor)
The person who has the right to demand fulfillment of the obligation. He is the person who has the right to demand compliance with the obligation to give, to do, or not to do.
Active Subject (Creditor or Obligee)
It is the particular conduct of the debtor or the obligor which may consist in giving, doing, or not doing anything.
Prestation or Object
It is which creates the relation between the passive subject or obligor and the active subject or obligee
Juridical/Legal Tie, Efficient Cause, or Vinculum Juris
What is the meaning of the Latin word Quasi?
As if
- A person unjustly benefited; and
- Such benefit derived at the expense of or to the damage of another.
These 2 is the concept of _________?
Unjust Enrichment
It is the act or omission punishable by law.
Delict
It is a civil liability in delict that the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court.
Restitution
It is a civil liability in delict that the court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value, to the injured party.
Reparation
It is a civil liability in delict that damages include shall not only those caused by the injured party but also those who suffered by his family or by a third person by a reason of crime.
Indemnification for Consequential Damages
These are the _______?
1. The fault or negligence of the defendant
2. The damage suffered or incurred by the plaintiff
3. The relation of cause and effect between the fault or negligence of the defendant and the damage incurred by the plaintiff.
Elements of negligence
The party who brings a civil suit in a court of law.
Plaintiff
The person sued in a civil proceeding
Defendant
It is a kind of negligence resulting from the failure to observe required diligence which caused damage to another person.
Culpa Aquiliana/ Quasi-delict
This is negligence in the performance of a pre-existing contract.
Culpa Contractual
This is negligence which results in the omission of a crime
Culpa Criminal
Is an intangible and abstract quality with no technical meaning or statutory definition, and encompasses among other things, an honest belief, the absence of malice, the absence of design to defraud an unconscionable advantage.
Good Faith
