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RFBT > Obligations > Flashcards

Obligations Flashcards

1
Q

Juridical Necessity to give, to do or not to do

A

Obligation

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2
Q

Essential Elements of Obligation
(PAVO)

A
  1. Active Subject (Creditor/Obligee)
  2. Passive Subject (Debtor/Obligor)
  3. Object or Prestation - Subject matter
  4. Vinculum Juris/Efficient Cause/Juridical Tie
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3
Q

All rights acquired in virtue of an obligation are transmissible, except:

A

A. When the nature is not transmissible, strictly personal in nature
B. By Stipulation
C. By provision of LAW

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4
Q

Sources of Obligations

A
  1. Law
  2. Contracts
  3. Quasi Contracts
    -Negotiorum Gestion
    -Solutio Indebiti
  4. Delict - act or omission punishable by law, govened by Revised Penal Code, other penal laws
  5. Quasi Delict-act or omission causes damage to another thru fault or negligence
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5
Q

Criminal Liability-Proof_______
Civil Liability- __________

A

Criminal Liability - Proof beyond reasonable doubt
Civil Liability - Preponderance of evidence

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6
Q

Kinds of Fruits

A
  1. Natural - products of the soil, and the young and other products of animals
  2. Industrial - Produced by lands
  3. Civil - rents of buildings, etc.
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7
Q

Specific Circumstances Affecting Obligations In General:

A
  1. Fraud - DOLO - Dolo causante, Dolo incidente
  2. Negligence - Culpa
  3. Delay - Mora
  4. Any other Manner of Contravention (Violatio)
  5. Fortuitous Event
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8
Q

Kinds of fraud and explain

A
  1. Dolo Causante (casual fraud) - the party would not have entered into the contract were not for the fraud
  2. Dolo incidente (incidental fraud) - the deliberate and intentional evasion of the normal fulfillment of the obligation
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9
Q

Kinds of Negligence as to Source:

A
  1. Culpa Contractual -
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10
Q

Culpa
Culpa Contractual
Culpa Acquiliana
Culpa Criminal

A

Culpa - Negligence
Culpa Contractual - Contractual Negligence
Culpa Acquiliana - Civil Negligence or Quasi Delict
Culpa Criminal - Criminal Negligence - results in the comission of a crime or delict

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11
Q

Kinds of Delay

A
  1. Mora Solvendi - Delay on the part of DEBTOR
  2. Mora ACCipiendi - Delay on the part of CREDITOR
  3. Compensation Morae - delay on the part of both parties
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12
Q

Happening of which gives rise to the obligation (condition precedent)

A

Suspensive

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13
Q

Happening of which EXTIGUISHES the rights already existing (Condition Subsequent)

A

Resolutory

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14
Q

A condition dependent solely on the will of the one of the parties

A

Potestative Condition

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15
Q

The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment

A

True. Under Art. 1186, Civil Code

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16
Q

Please Review Kinds of CIVIL OBLIGATIONS on RFBT reviewer page 25

A

Okay

17
Q

Meron ding Conditions but treated as one with PERIOD:

when the debtor binds himself to pay when his means permit to do so, the obligation shall be deemed to be one with a____

Suspensive with deadline: I will give you my land id you marry X by the December 31,2022

A

Period

18
Q

Obligations with a period/term:
Kinds of term:

A

Obligations with a period/term - A period is a certain length of which determines the effectivity or the extinguishment of the obligation

Kinds of term:
1. Definite - specific date
2. Indefinite - certain event which is certain to happen
3. Legal - imposed or provided law
4. Voluntary - agreed upon by the parties
5. Judicial - those fixed by courts

19
Q

Civil Obligations as to Plurality of Prestation
3

A

Conjunctive
Alternative - usually use the word ‘OR’
Facultative - only one prestation but debtor may render substitution

Please review RFBT page 33-34

20
Q

If silent, joint obligation-debtors, joint creditors

A

True

21
Q

Real obligation is obligation to____

A

Give

22
Q

Personal Obligation is obligation _______

A

To do or not to do

23
Q

Positive obligation, is obligation to _____
While negative obligation is obligation _____

A

Give or to do
Not to give or not to do

24
Q

6 Modes of Extinguishment of Obligations

A
  1. Payment or Performance
  2. Loss of thing due - fortuitous event; impossibility of performance
  3. Condonation or remission
  4. Confusion or merger of the rights of creditor and debtor
  5. Compensation
  6. Novation
25
Q

Condonation/Remission is the same. the creditor renounces the obligation. Obligation is extinguished

A

True

But, just remember the case of Donation! For the donation to be valid, there should be an ACCEPTANCE!, otherwise, no donation.

26
Q

The renunciation (condonation/remission) of the principal debt shall extinguish the accessory and principal obligation
How about the renunciation of accessory?

A

No. The principal is not extinguished, because the accessory obligations follow the principal obligation but not the other way around

27
Q

Novation:
-Subrogation?
-Substitution?
Delegante
Delegado
Delegatorio

A

Novation:
-Subrogation - Active Novation - Change of creditor
-Substitution - Passive Novation - Change of debtor
Delegante - Old debtor
Delegado - new debtor (sya na kasi nalalagay sa delikado haha)
Delegatorio - creditor

28
Q

In any case, the creditor’s consent is necessary for novation

A

Yes. Esp passive novaiton

29
Q

Stipulation that benefits 3rd party

A

Pour Atrui

30
Q

In Novation, the original obligation should be VALID!, otherwise, VOID

A

Yes

RFBT (37 decks)

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