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RFBT > OBLIGATIONS > Flashcards

OBLIGATIONS Flashcards

1
Q

Definition

A

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

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2
Q

Essential elements

A
  1. Active Subject
  2. Passive Subject
  3. Legal Tie / Vinculum Juris
  4. Prestation / Object
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3
Q

Sources of obligations

A
  1. Law
  2. Contracts
  3. Quasi-contracts
  4. Delicts
  5. Quasi-delicts
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4
Q

Kinds of Obligations as to Basis and Enforceability

A

A. Civil Obligations
B. Natural Obligations

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5
Q

Civil Obligations

A

derive their binding force from positive/ substantive law and can be enforced by court

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6
Q

Natural Obligations

A

based on equity and natural law. After fulfillment by the obligor, they authorize retention of what has been delivered or rendered by reason thereof.

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7
Q

Requisites of an Object of an Obligations

A

i. It must be possible, physically and juridically
ii. It must be determinate, or, at least determinable according to pre-established elements or criteria
iii. It must have a possible equivalent in money

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8
Q

Diligence required for common carriers

A

Extraordinary Diligence

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9
Q

Diligence required (default)

A

Diligence of a good father of a family

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10
Q

Diligence required for medical professionals

A

Degree of care, skill and diligence which physicians in the same general neighborhood and in the same general line of practice ordinarily possess and exercise in like cases

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11
Q

Personal Right

A

Right that can be exercised only against a specific person

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12
Q

Real Right

A

Right that can be exercised against the whole world

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13
Q

Kinds of Fruits

A

a. Natural fruits
b. Industrial fruits
c. Civil fruits

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14
Q

Accessions

A

Permanent additions or improvements to the principal property.

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15
Q

Accessories

A

Items that complement or enhance the principal property but remain detachable and separate.

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16
Q

Reciprocal Obligation

A

type of obligation which arises from the same cause and in which each party is a debtor and creditor of the other, such that the obligation of one is dependent upon the obligation of the other.

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17
Q

Kinds of Obligations (As to perfection and extinguishment)

A
  1. Pure
  2. Conditional
  3. With a term or period
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18
Q

Pure Obligations

A

performance does not depend upon a future or uncertain event or upon a past event unknown to the parties

Demandable at once.

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19
Q

Resolutory Obligations

A

Obligations that remain in effect until a specific event occurs, after which the obligation is canceled.

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20
Q

Conditional Obligations

A

depends upon the happening of the event which constitutes that condition

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21
Q

Effect of condition to the obligation (to do something possible)

A

VALID Condition
VALID Obligation

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22
Q

Effect of condition to the obligation (to do something impossible)

A

VOID Condition
VOID Obligation

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23
Q

Effect of condition to the obligation (not to do something possible)

A

VALID Condition
VALID Obligation

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24
Q

Effect of condition to the obligation (not to do something impossible)

A

VOID Condition
VALID Obligation

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25
Q

Potestative Condition

A

Dependent solely on the will of one of the parties

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26
Q

Moral Damages

A

awarded by reason of physical suffering, mental anguish, fright, serious anxiety, etc.

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27
Q

Rules as to improvement, loss or deterioration

(Lost without debtor’s fault)

A

Obligation is extinguished

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28
Q

Rules as to improvement, loss or deterioration

(Lost through debtor’s fault)

A

Debtor is liable for damages

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29
Q

Rules as to improvement, loss or deterioration

(Deteriorate without debtor’s fault)

A

Creditor bears the impairment

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30
Q

Rules as to improvement, loss or deterioration

(Deteriorate through debtor’s fault)

A

Either:
1. Rescission + Damages
2. Exact fulfillment + Damages

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31
Q

Rules as to improvement, loss or deterioration

(Improved by its nature or time)

A

Improvement will inure to the benefit of the creditor

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32
Q

Rules as to improvement, loss or deterioration

(Improved at debtor’s expense)

A

Debtor is granted the right to use (usufructuary)

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33
Q

Kinds of Conditions (As to Plurality of Prestation)

A
  1. Conjunctive
  2. Disjunctive
    a. Alternative
    b. Facultative
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34
Q

Conjunctive Obligation

A

All must be performed

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35
Q

Alternative Obligation

A

Only one must be performed

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36
Q

Facultative Obligation

A

There is one primary obligation, but the debtor has the option to substitute it with a different performance if needed.

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37
Q

Alternative Obligations: Effects of Loss (Fortuitous Event)

Choice: Debtor or Creditor

All are lost

A

Debtor is released from the obligation

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38
Q

Alternative Obligations: Effects of Loss (Fortuitous Event)

Choice: Debtor or Creditor

Some but not all are lost

A

Deliver the chosen from among the remainder

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39
Q

Alternative Obligations: Effects of Loss (Fortuitous Event)

Choice: Debtor or Creditor

Only one remains

A

Deliver that which remains

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40
Q

Alternative Obligations: Effects of Loss (Debtor’s Fault)

Choice: Debtor

All are lost

A

Creditor has right of compensation for damages based on the value of the LAST thing which disappeared or services which becomes impossible

41
Q

Alternative Obligations: Effects of Loss (Debtor’s Fault)

Choice: Debtor

Some but not all are lost

A

Deliver the chosen from among the remainder

42
Q

Alternative Obligations: Effects of Loss (Debtor’s Fault)

Choice: Debtor

Only one remains

A

Deliver that which remains

43
Q

Alternative Obligations: Effects of Loss (Debtor’s Fault)

Choice: Creditor

All are lost

A

Creditor may claim the price/value of any of them + compensation for damages

44
Q

Alternative Obligations: Effects of Loss (Debtor’s Fault)

Choice: Debtor

Some but not all are lost or only one remains

A
  1. Creditor may claim any of those subsisting without a right to damages; or
  2. Price/ value of the things lost + rights to damages
45
Q

Kinds of Obligations (As to rights and obligations of multiple parties)

A
  1. Joint Obligation
  2. Solidary Obligation
46
Q

Joint Obligation

A

Debtors is liable only for a proportionate part of the debt; or

Creditor is entitled only to a proportionate part of the credit

47
Q

Solidary Obligation

A

Each debtor is liable for the ENTIRE obligation; or

Each creditor is entitled to demand the WHOLE obligation

48
Q

Sources of obligation; nature of liability

CONTRACTS

A

Joint, unless stipulated

49
Q

Sources of obligation; nature of liability

QUASI-CONTRACT

A

Solidary

50
Q

Sources of obligation; nature of liability

DELICT

A

Joint, unless provided by law

51
Q

Sources of obligation; nature of liability

QUASI-DELICT

A

Solidary

52
Q

Passive Solidarity

A

Debtors are solidary

53
Q

Active Solidarity

A

Creditors are solidary

54
Q

Mixed Solidarity

A

All debtors and creditors are solidary

55
Q

Breaches of Obligations

A
  1. Delay or Default
  2. Fraud
  3. Negligence
  4. Breach through contravention of tenor of the obligation
56
Q

Kinds of Delay (Mora Solvendi)

A

delay on the part of the debtor

57
Q

Kinds of Delay (Mora Accipiendi)

A

delay on the part of the creditor

58
Q

Kinds of Delay (Compensatio Morae)

A

delay on the part of both parties

59
Q

Causal Fraud (dolo causante)

A

Fraud in obtaining consent. Fraud employed in the execution of the contract (voidable)

60
Q

Remedy for Causal Fraud

A

Annulment + Damages

61
Q

Incidental Fraud (dolo incidente)

A

Deliberate and intentional evasion of the normal fulfillment of the obligation (does not affect validity of the contract)

62
Q

Remedy for Incidental Fraud

A

Damages

63
Q

Treatment of Waiver for future fraud

A

Void

64
Q

Treatment of waiver of past fraud

A

May be considered valid (provided public interests are not involved)

65
Q

Negligence (Culpa)

A

omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place.

prevents the NORMAL fulfillment of an obligation

66
Q

Culpa Contractual (contractual negligence)

A

Negligence in the performance of a contractual obligation

67
Q

Culpa Aquiliana (Civil negligence)

A

quasi-delict

68
Q

Culpa Criminal (criminal negligence)

A

which results in the commission of a crime or a delict

69
Q

Remedy for negligence that shows bad faith

A

Obligor is responsible for all damages attributed to the non-performance of the obligation

70
Q

Remedy for the negligence of creditor that was only contributory

A

May recover damages but the courts can mitigate or reduce the same

71
Q

Any other manner of contravention

A

illicit act which impairs the strict and faitful fulfillment of the obligation or every kind of defective performance

72
Q

Remedy for “any other matter of contravention”

A

indemnify for the losses and damages cause

73
Q

Remedy for “any other matter of contravention” (by sir nico)

A

Undone

74
Q

Excuse for non-performance

A
  1. Fortuitous Event
  2. Act of Creditor
75
Q

Obligation is determinate and loss due to fortuitous event

A

Debtor cannot be held liable for damages

76
Q

Genus numquam peruit

A

An indeterminate or generic thing can never perish

77
Q

Loss of generic thing through fortuitous event

A

Obligation not extinguished

78
Q

Requisites of Fortuitous event

A
  1. Independent of human will
  2. Unforeseeable or unavoidable
  3. Impossible to fulfill in normal manner
  4. Debtor must be free from participation
79
Q

Remedies for breach of obligations

A
  1. Extrajudicial Remedies
  2. Judicial Remedies
80
Q

Remedies for breach of obligations

A
  1. Specific Performance
  2. Rescission
  3. Damages
81
Q

Specific Performance

A

Exact fulfillment by specific or substitute performance + damages

82
Q

Exemplary Damages

A

corrective or to set an exampleN

83
Q

Nominal Damages

A

in order that a right of the plaintiff which has been violated may be recognized

84
Q

Temperate Damages

A

when the exact amount of damages can not be determined

85
Q

Actual Damages

A

losses suffered and proved by the plaintiff

86
Q

Liquidated Damages

A

damages agreed upon by the parties to a contract to be paid in case of breach. Based on contractual stipulation of the parties.

87
Q

Remedies for Breach of Obligation

Subsidiary remedies of creditors (Accion Subsogatoria)

A

refers to the right of a creditor to step into the shoes of a debtor to recover debts.

To exercise all rights and actions of the debtor, except those which are inherently personal to him.

88
Q

Remedies for Breach of Obligation

Subsidiary remedies of creditors (Accion Pauliana)

A

Ask for rescission or cancellation of the contracts made by the debtor in fraud of creditor’s rights

allows creditors to challenge and undo certain transactions made by a debtor that are intended to defraud or evade their creditors

89
Q

Remedies for Breach of Obligation

Subsidiary remedies of creditors (Accion Directa)

A

right of the lessor to go directly to sublessee for unpaid rents of the lessee

90
Q

Application of payments

If debtor and creditor did not designate (different nature)

A

to debt which is most onerous to the debtor

91
Q

Application of payments

If debtor and creditor did not designate (same nature)

A

Apply proportionately

92
Q

Tender of Payment

A

Manifestation made by the debtor to the creditor of her decisions to comply immediately with her obligation

93
Q

Consignation

A

legal term that refers to the act of placing a payment into a third party’s hands (competent court) when the person owed money can’t or won’t accept the payment

94
Q

Two notices to the creditor required in consignation

A
  1. Before making the consignation
  2. After the consignation was made
95
Q

When does extinguishment happen in Consignation?

A

After consignation

96
Q

Loss of the things due

A

The thing:
1. Goes out of commerce
2. Perishes
3. Disappears in such a way that its existence is unknown or that it cannot be recovered

97
Q

Loss of the thing due (Force Majeure) - General Rule

A

Debtor is not liable for damages

Sir Nico: Suspension or Exonerate

98
Q
A

RFBT (5 decks)

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