Obligations 1 Flashcards
TRUE OR FALSE
Natural law may be defined as the divine inspiration in man of the sense of justice, fairness and righteousness, by internal dictates of reason alone.
TRUE
TRUE OR FALSE
Legislations are those issued as such by administrative officials under legislative authority.
FALSE
- Congress/House of Representatives instead of the LEGISLATIVE AUTHORITY
TRUE OR FALSE
The law on obligations and contracts is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from particular contracts.
TRUE
TRUE OR FALSE
Natural obligations which are based on positive law allow a right of action to compel performance and compliance.
FALSE
- Civil Obligation
TRUE OR FALSE
Obligations arising from contracts have the force of law between the contracting parties hence it is considered equal to, or at times, superior to law.
FALSE
- Obligations are NOT MORE SUPERIOR than the law
TRUE OR FALSE
A determinate thing is identified as such by its individuality
TRUE
TRUE OR FALSE
The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned
TRUE
TRUE OR FALSE
Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extra-judicially demands from them the fulfillment of their obligation.
TRUE
TRUE OR FALSE
Liability arising from negligence in the performance of every kind of obligation is not demandable.
FALSE
- Demandable
TRUE OR FALSE
The debtor in an obligation is liable for the loss in case there is a fortuitous event.
FALSE
- Not liable in case of a FORTUITOUS EVENT
TRUE OR FALSE
The creditors, after having purposely pursued the property in possession of the debtor to satisfy their claims, may exercise all rights and bring all actions of the latter for the same purpose.
TRUE
TRUE OR FALSE
Legislations are to be treated as the highest law of the land.
FALSE
- CONSTITUTION is the highest law of the land
TRUE OR FALSE
Accessions are the fruits of the thing or the additions or improvements upon the principal thing.
TRUE
- Accessions (including those necessary for the completion of the thing)
- Accessories (embellishments/additions)
TRUE OR FALSE
Trees on a land are the accessories thereof.
FALSE
- Accessions (trees are fruits of the thing aka land)
TRUE OR FALSE
Every person obliged to give something is also obliged to exert ordinary care thereof
TRUE
__________________ is contracting for or receiving interest in excess of the amount that the law allows
USURY LAW
____________________ is a future and uncertain event, upon the happening of which, the effectivity or extinguishment of the obligation or right subject to it depends
CONDITION
_________________ the kind of period which is fixed as such by the courts as may under the circumstances, the parties had contemplated
JUDICIAL PERIOD
____________________________ is one where only one prestation has been agreed upon but the obligor may render another in substitution
FACULTATIVE OBLIGATION
____________________________ as to the parties, one where there is only one obligor and only one obligee
INDIVIDUAL OBLIGATION
____________________________ is the period that the parties fixed and stipulate in the contract
CONTRACTUAL PERIOD
____________________________ one where there are several prestations and all of them are to be complied with
CONJUNCTIVE OBLIGATION
____________________________ one where there are as many debts as there are debtors and as many credits as there are creditors
JOINT OBLIGATION
____________________________ an obligation where only one prestation has been agreed upon
SIMPLE OBLIGATION
___________________________ is a juridical necessity to give, to do or not to do
OBLIGATION
