Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CE Laws, Ethics and Contracts > Obligations > Flashcards

Obligations Flashcards

1
Q

Republic Act No. 386

A

Civil Code of the Philippines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Book IV of R.A. No. 386

A

Obligations and Contracts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

A juridical necessity to give, to do, or not to do

A

Obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

An obligation that has no legal basis and hence does not give a right of action to enforce its performance

A

Natural Obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

It is based on equity, morality, and natural law, and should be voluntary

A

Natural Obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Elements of Obligation

A

Parties, Prestation, Juridical Tie

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Actors involved in an obligation

A

Parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Creditor/Obligee

A

Active Subject

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

One who demands the fulfillment of an obligation

A

Active Subject

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Debtor/Obligor

A

Passive Subject

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

One who has the duty to fulfil an obligation

A

Passive subject

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The conduct to be performed by the passive subject for the active subject

A

Prestation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Efficient Cause

A

Juridical Tie

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The relation that binds the parties to an obligation

A

Juridical tie

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Sources of Obligation

A

Law, Contract, Quasi-contract, Delict, Quasi-delict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

When there is no meeting of the minds between the parties

A

Quasi-contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

If one (the officious manager) voluntarily takes charge of the agency or management of another person’s property on his behalf without his consent or authority

A

Negotiorum gestio

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If one received something that does not rightfully and legally belong to him such as the obligation to return a money received by mistake

A

Solutio indebiti

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

When there is a civil liability resulting from criminal offense; should be governed by the penal laws; such as the obligation of a thief to return the money he had stolen

A

Delict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

When there is fault or negligence that causes damage on another, there being no prior meeting of the minds between the parties; there is an obligation to pay for the damage done; such as the obligation of a driver to pay for the damages he caused to another due to negligence

A

Quasi-delict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Refers to a specific, identifiable object or item

A

Determinate thing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Refers to a general category or class of objects that share common characteristics but may not be individually identifiable

A

Generic thing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Primary classification of obligations according to the peculiarities of the prestation

A

Pure obligation, Conditional obligation, Obligation with a period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Performance is not subject to any condition, and can be immediately demandable

A

Pure obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Performance is subject to a condition, and can only be demandable upon the happening of an event

A

Conditional obligation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Performance is subject to a period, and can only be demandable when that period expires

A

Obligation with a period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Primary classification of obligations according to the number of prestations

A

Simple obligation, Compound obligation

28
Q

There is only one prestation

A

Simple obligation

29
Q

There are two or more prestations

A

Compound obligation

30
Q

There are several prestations and all of them can be performed separately

A

Conjunctive obligation

31
Q

Only one of the several prestations can be performed

A

Disjunctive obligation

32
Q

Primary classification of obligations according to the number of parties

A

Individual obligation, Collective obligation

33
Q

There is one debtor and one creditor

A

Individual obligation

34
Q

There are two or more debtors and two or more creditors

A

Collective obligation

35
Q

The prestation is divided among each debtor and/or the demand for it is divided among each creditor

A

Joint obligation

36
Q

The prestation may be performed by any one of the debtors, and/or its entire compliance may be demanded by any one of the creditors

A

Solidary obligation

37
Q

Primary classification of obligations according to divisibility/indivisibility of the prestation

A

Divisible obligation, Indivisible obligation

38
Q

The prestation can be partially performed

A

Divisible obligation

39
Q

The prestation cannot be partially performed

A

Indivisible obligation

40
Q

Primary classification of obligations according to the value of the prestation

A

Principal obligation, Accessory obligation, Obligation with a penal clause

41
Q

The main/principal prestation that is essential and from which the accessory obligation/s arise

A

Principal obligation

42
Q

The secondary/accessory prestation that should be performed in connection with the primary obligation

A

Accessory obligation

43
Q

The accessory prestation imposes a penalty that shall substitute the indemnity for damages and the payment of interests in case of noncompliance to the principal prestation

A

Obligation with a penal clause

44
Q

Secondary classification of obligations according to the involvement of the parties

A

Unilateral obligation, Bilateral obligation

45
Q

Only one party is bound to perform a prestation

A

Unilateral obligation

46
Q

Both parties are bound to each other in performing their respective prestations

A

Bilateral obligation

47
Q

One party is bound to perform a prestation in exchange for the other party’s performance

A

Reciprocal obligation

48
Q

Secondary classification of obligations according to the nature of the obligation

A

Civil obligation, Natural obligation

49
Q

Has legal basis; give a right of action to compel its performance

A

Civil obligation

50
Q

Arises from law

A

Legal obligation

51
Q

Arises from contracts with the force of the law

A

Conventional obligation

52
Q

Arises from delicts and criminal offences

A

Penal obligation

53
Q

Has no legal basis; does not give a right of action to enforce its performance but is based on equity and natural law, and should be voluntary

A

Natural obligation

54
Q

Secondary classification of obligations according to the nature of the prestation

A

Personal obligation, Real obligation

55
Q

The prestation is to do or not to do an act

A

Personal obligation

56
Q

The prestation is to give or deliver a thing

A

Real obligation

57
Q

To do an act

A

Positive obligation

58
Q

Not to do an act

A

Negative obligation

59
Q

To deliver a determinate thing

A

Determinate obligation

60
Q

To deliver a generic thing

A

Generic obligation

61
Q

To deliver a thing confined to a particular class/kind

A

Limited generic obligation

62
Q

The simultaneous balancing of two obligations wherein two persons are reciprocally debtors and creditors of each other

A

Compensation

63
Q

The creation of a new and different obligation through the total or partial modification of an old obligation that it substituted.

A

Novation

64
Q

The invalidation of a voidable contract by a court action on the grounds of incapacity to give consent, mistake, violence, intimidation, undue influence, and fraud

A

Annulment

65
Q

The revocation, cancellation, or repeal of a contract and the return of the parties to the positions they would have had if the contract had not been made

A

Rescission

66
Q

The loss of certain rights upon the lapse of time

A

Prescription

67
Q

Mutuo disenso

A

Mutual desistance/withdrawal

CE Laws, Ethics and Contracts (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions