OBLIGATIONS Flashcards
identified by individuality
Determinate/specific
refers to class or genus
Generic/indeterminate
is the right or power of a person to demand from another — to give, to do, or not to do.
Personal Right
is a power over a specific thing (like the right of ownership or possession) and is binding on the whole world.
Real Right
Genus Nunguam Perit means
Genus Never Perishes
The primary obligation to give a determinate thing
To deliver the thing
The Accessory obligation to give a determinate thing
To take care of the thing
an extra ordinary event which cannot be foreseen or which though foreseen is inevitable.
A Fortuitous event
Those joined or included with the principal for the latter’s better use, perfection, or enjoyment
Accesssories
additions to or improvements upon a thing.
Accessions
Is dependent upon human intervention other than that of the obligor
Force majeure (Fuerza Mayor)
Failure to perform an obligation on time
Ordinary Delay / In-Default
Failure to perform the obligation on time which constitutes
Legal Delay / Default
There is fraud or willful violation of the obligation
Fraud / Dolo
is a deception of a serious character employed by one party and without which the other party would not have entered into a contract.
Dolo causante or causal fraud
those which are not serious in character and without which the other party would still have entered into the contract.
Dolo incedente or incidental fraud
Refers to negligence arising from contractual obligations, which are not fully and faithfully complied by the obligor. This is distinguished from culpa aquiliana, which refers to negligence independent of any contractual obligation
Negligence / Culpa
The delay must be either malicious or negligent.
Delay / Mora
Violation of the terms and condition stipulated in the obligation
Contravention of the tenor of the obligation
Delay on the part of obligor
Mora Solvendi
Delay on the creditor’s part
Mora Accipiendi
Both parties are delay
Compensatio Morae
rights that do not pass on to one’s heirs or assigns.
Intransmissible rights
one which does not contain any condition or term upon which its fulfillment is made to depend.
Pure Obligation
future and uncertain event upon which the existence or extinguishments of an obligation is made to depend.
Condition Obligation
kind of obligation which is subject to condition.
Conditional Obligation
ts fulfillment gives rise to the obligation, if not fulfilled, no obligation will arise.
Suspensive (condition precedent/antecedent)
extinguishes the obligation which is already existing.
Resolutory (condition subsequent)
depends upon the will of the debtor
Casual – depends upon chance and/or upon the will of the third person
Mixed – depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person.
Potestative
depends upon the will of the debtor
Potestative
depends upon chance and/or upon the will of the third person
Causal
depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person.
Mixed
when the condition is capable of fulfillment according to nature, law, public policy or good customs.
Possible
not capable of fulfillment according to nature, law, public or good customs.
Impossible
when the condition involves the doing of an act.
POSITIVE
when the condition involves the omission of an act.
NEGATIVE
when the condition is susceptible of partial performance
DIVISIBLE
when the condition is not susceptible of partial performance.
INDIVISIBLE
when there are several conditions in an obligation and all of which must be performed.
CONJUNCTIVE
when there are several conditions in an obligation but only one must be performed
ALTERNATIVE
conditionis stated expressly
Express
when the condition is not expressly stated but merely inferred from the conduct of the parties.
Implied
when the condition is not expressly stated but merely inferred from the conduct of the parties.
Implied
a certain length of time which determines the effectivity or the extinguishment of obligations.
Period
understood to be that which must necessarily come, although it may not be known when.
Day Certain
a term or period with a suspensive effect, which means the obligation becomes effective only from the arrival of a certain day.
Ex-Die
a term or period with a resolutory effect, which means the obligation will subsist up to a certain day and it terminates upon the arrival of that day.
In-Diem
period designated by the court
Judicial Period
period fixed by the parties in their contract
Contractual Period
