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FAR 1 B > OBLIGATIONS > Flashcards

OBLIGATIONS Flashcards

1
Q

identified by individuality

A

Determinate/specific

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2
Q

refers to class or genus

A

Generic/indeterminate

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3
Q

is the right or power of a person to demand from another — to give, to do, or not to do.

A

Personal Right

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4
Q

is a power over a specific thing (like the right of ownership or possession) and is binding on the whole world.

A

Real Right

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5
Q

Genus Nunguam Perit means

A

Genus Never Perishes

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6
Q

The primary obligation to give a determinate thing

A

To deliver the thing

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7
Q

The Accessory obligation to give a determinate thing

A

To take care of the thing

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8
Q

an extra ordinary event which cannot be foreseen or which though foreseen is inevitable.

A

A Fortuitous event

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9
Q

Those joined or included with the principal for the latter’s better use, perfection, or enjoyment

A

Accesssories

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10
Q

additions to or improvements upon a thing.

A

Accessions

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11
Q

Is dependent upon human intervention other than that of the obligor

A

Force majeure (Fuerza Mayor)

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12
Q

Failure to perform an obligation on time

A

Ordinary Delay / In-Default

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13
Q

Failure to perform the obligation on time which constitutes

A

Legal Delay / Default

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14
Q

There is fraud or willful violation of the obligation

A

Fraud / Dolo

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15
Q

is a deception of a serious character employed by one party and without which the other party would not have entered into a contract.

A

Dolo causante or causal fraud

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16
Q

those which are not serious in character and without which the other party would still have entered into the contract.

A

Dolo incedente or incidental fraud

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17
Q

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

A

Negligence / Culpa

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18
Q

The delay must be either malicious or negligent.

A

Delay / Mora

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19
Q

Violation of the terms and condition stipulated in the obligation

A

Contravention of the tenor of the obligation

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20
Q

Delay on the part of obligor

A

Mora Solvendi

21
Q

Delay on the creditor’s part

A

Mora Accipiendi

22
Q

Both parties are delay

A

Compensatio Morae

23
Q

rights that do not pass on to one’s heirs or assigns.

A

Intransmissible rights

24
Q

one which does not contain any condition or term upon which its fulfillment is made to depend.

A

Pure Obligation

25
Q

future and uncertain event upon which the existence or extinguishments of an obligation is made to depend.

A

Condition Obligation

26
Q

kind of obligation which is subject to condition.

A

Conditional Obligation

27
Q

ts fulfillment gives rise to the obligation, if not fulfilled, no obligation will arise.

A

Suspensive (condition precedent/antecedent)

28
Q

extinguishes the obligation which is already existing.

A

Resolutory (condition subsequent)

29
Q

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.

A

Potestative

30
Q

depends upon the will of the debtor

A

Potestative

31
Q

depends upon chance and/or upon the will of the third person

A

Causal

32
Q

depends partly upon the will of a party to the obligation and partly upon chance and/or the will of a third person.

A

Mixed

33
Q

when the condition is capable of fulfillment according to nature, law, public policy or good customs.

A

Possible

34
Q

not capable of fulfillment according to nature, law, public or good customs.

A

Impossible

35
Q

when the condition involves the doing of an act.

A

POSITIVE

36
Q

when the condition involves the omission of an act.

A

NEGATIVE

37
Q

when the condition is susceptible of partial performance

A

DIVISIBLE

38
Q

when the condition is not susceptible of partial performance.

A

INDIVISIBLE

39
Q

when there are several conditions in an obligation and all of which must be performed.

A

CONJUNCTIVE

40
Q

when there are several conditions in an obligation but only one must be performed

A

ALTERNATIVE

41
Q

conditionis stated expressly

A

Express

42
Q

when the condition is not expressly stated but merely inferred from the conduct of the parties.

A

Implied

42
Q

when the condition is not expressly stated but merely inferred from the conduct of the parties.

A

Implied

43
Q

a certain length of time which determines the effectivity or the extinguishment of obligations.

A

Period

44
Q

understood to be that which must necessarily come, although it may not be known when.

A

Day Certain

45
Q

a term or period with a suspensive effect, which means the obligation becomes effective only from the arrival of a certain day.

A

Ex-Die

46
Q

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.

A

In-Diem

47
Q

period designated by the court

A

Judicial Period

48
Q

period fixed by the parties in their contract

A

Contractual Period

FAR 1 B (9 decks)

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