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OBLICON > Obligations > Flashcards

Obligations Flashcards

1
Q

define wrong (cause of action)

A

an act or omission violating the right of another

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2
Q

why ob are juridical necessity

A

Because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment

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3
Q

may a person incur obligation even without entering into a contract or verbal agreement

A

Yes, because obligations do not only arise from contracts. They can be imposed by law, arise from quasi-contracts, from crimes or acts or omissions punished by law and from quasi-delicts or torts.

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4
Q

compliance in good faith

A

a sincere intention to deal fairly with others

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5
Q

requisites of prestation (4)

A
  1. licit
  2. possible
  3. determinate
  4. pecuniary value - payable by money
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6
Q

natural obligation

A

based on equity at utang na loob

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7
Q

the object of obligation

A

to give, to do or not to do

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8
Q

another word for juridical tie/legal tie

A

vinculum / vinculum juris

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9
Q

vinculum / vinculum juris

A

lawful, unilateral, voluntary

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10
Q

common characteristics of quasi-contracts, quasi-delicts and delicts

A

all of them were originated from law

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11
Q

term for those people who exercise negligence

A

tortfearors

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12
Q

civil liability consists of:

A
  1. restitution - return to original state/thing, not possible if thing is totally lost
  2. reparation - repair (court will determine the price of the thing + sentimental value)
  3. indemnification - last resort; pay the monetary value
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13
Q

right of action

A

commencement ng pagfifile ng kaso

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14
Q

is quasi-contracts, contracts?

A

no, because no concept is given but by fiction of law, the law itself supplies the consent

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15
Q

requisites of quasi-delicts

A
  1. there must be an act or omission
  2. there must be fault or negligence
  3. damage must have been caused
  4. there must be a direct relation or a proximate cause
  5. there is no pre-existing contractual relation
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16
Q

what is proximate cause

A

The actions of the person who owes you a duty must be sufficiently related to your injuries

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17
Q

plaintiff

A

nagkaso

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18
Q

defendant

A

kinasuhan

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19
Q

personal right

A

enforceable against a specific passive subject; from the time ob to deliver arises

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20
Q

legal delay or default

A

failure to perform an ob on time which can result to breach of the ob

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21
Q

liability of a person for loss or damage resulting from FE

A

not liable

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22
Q

rights of creditor in case debtor fails to comply his ob to deliver a specific thing

A
  1. ask specific performance
  2. ask for damages
  3. rescission
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23
Q

ob in ob to give a definite thing (generic)

A
  1. to deliver
  2. to bear the expenses of having someone else comply with the ob
  3. pay damages in case of fraud, negligence, delay, or contravention …
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24
Q

civil loss

A

when a thing disappeared in such a way that its existence is unknown or if known, cannot be recovered

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25
Q

potestative condition

A

a suspensive condition which depends upon the sole will of one of the parties

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26
Q

who is entitled to the fruits that accrued during the pendency of the condition once said condition is fulfilled

A

debtor

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27
Q

rules in case the thing to be delivered is lost with the debtor’s fault

A

pay damages + incidental damages

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28
Q

rules in case the thing to be delivered is lost without the debtor’s fault

A

GR: debtor is not liable

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29
Q

ob with a period

A

demandability or extinguishment is subjected to the expiration of the term (a day certain)

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30
Q

period

A

future and certain event that must happen’ arrival of this may extinguish or arise an ob

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31
Q

indefinite period

A

not fixed, courts are empowered to fix it

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32
Q

conjuctive obligation

A

several prestation and all of them are due

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33
Q

limitations on the right of choice of the debtor in alternative ob

A
  1. debtor must completely perform his ob; he cannot compel the creditor to receive one and part of another
  2. he cannot choose those prestation which are
    impossible
    unlawful
    which could not have been the object of the ob
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34
Q

divisible ob

A

delivery or performance is capable of partial fulfillment

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35
Q

indivisible ob

A

delivery or performance is not capable of partial fulfillment

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36
Q

legal indivisibility

A

divisible in nature but law declares indivisible

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37
Q

joint penal clause

A

both principal ob and penal clause can be enforced

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38
Q

payment

A

delivery of money and performance of ob

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39
Q

dation in payment

A

conveyance of ownership of a thing as an accepted equivalent of performance

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40
Q

application of payment

A

designation of the debt to which should be applied the payment made by a debtor who has various debts of the same kind in favor of one and same creditor

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41
Q

payment by cession

A

abandonment of properties then creditor shall sell it; proceeds must satisfy credits

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42
Q

consignation

A

depositing of the ting or amount due

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43
Q

legal impossibility

A

physically possible by law required it to be impossible

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44
Q

condonation or remission of debt

A

gratuitous abandonment of right ; donation

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45
Q

confusion/merger

A

meeting in one person of the qualities of creditor and debtor in respect to the same ob

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46
Q

compensation

A

extinguishment of concurrent amount of the debts of two persons who are debtors and creditors of each other

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47
Q

legal compensation

A

takes place in the operation of law even w/o the knowledge of the parties

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48
Q

facultative compensation

A

when it can be set up only by one of the parties

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49
Q

character loan

A

no security

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50
Q

novation

A

total or partial extinguishment of an ob to create a new one

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51
Q

remedies of the creditor if debtor fails to do his ob

A

a. if the debtor perform the ob or performs it but contravenes the tenor
a1. creditor may have the ob executed at the expense of the debtor
a2. he may also demand damages

b. if the debtor performs poorly
b1. creditor may have the same undone at debtor’s expense
b2. creditor may also demand damages

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52
Q

can debtor be incur of liability even w/o demand from creditor

A

GR: no demand, no delay

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53
Q

may an action arising from fraud be waived

A

000000

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54
Q

may an action arising from negligence be waived?

A

000000

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55
Q

give cases when con. ob is valid although the condition depends solely upon the will of the debtor

A

0000000

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56
Q

rules in case the thing to be delivered deteriorates with the debtor’s fault

A
  1. rescission plus damages

2. fulfillment plus damages

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57
Q

rules in case the thing to be delivered deteriorates without the debtor’s fault

A

impairment shall be borne by creditor

no liab in part of debtor

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58
Q

do the debtor has the right to recover what he has paid before arrival of period

A

00000000000

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59
Q

does a party has the right to ask court in fixing the period?

A

yes

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60
Q

period is in the benefit of the creditor

A

he cannot be compelled to accept performance before expiration of the term; but he may choose to demand performance before the expiration

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61
Q

period is in the benefit of the debtor

A

he cannot be compelled to perform his ob BEFORE the expiration to the term; but he may choose to perform before the expiration

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62
Q

can debtor require creditor to accept his payment even before the period

A

NO

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63
Q

thing mortgaged is damaged w/o debtor’s fault, can creditor demand payment before period?

A

00000000000000

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64
Q

what happens if you’re payment to loan get robbed. is d legally justified to refuse to pay c?

A

00000000000000

65
Q

what are the elements or requisites in order that a person may acquire a right of action in court against another to enforce the performance of the latter’s obligation?

A

00000000000000

66
Q

legal effects if some of the objects of the ob is lost through the debtor

A

GR: the debtor may deliver any of the remainder, or that which remains if only one subsists

*this also applies to FE

67
Q

legal effects if all objects are lost through debtor’s fault

A

debtor will pay the value of the last thing that was lost plus damages

68
Q

if all objects are lost w/o debtor’s fault

A

the ob will be extinguished

69
Q

explain the divisibility of an ob is different from the divisibility of the thing

A

000000000000

70
Q

what ob are deemed indivisible

A
  1. ob to give definite things
  2. those which are not susceptible for partial performance
  3. object or service is physically divisible but indivisible by provision of law
  4. object or service is physically divisible but indivisible by intention of the parties
71
Q

what ob are deemed divisible

A
  1. ob has for its object the execution of a certain number of days of work
  2. ob has for its object the accomplishment of work by metrical units
  3. analogous things which by their nature are susceptible of partial performance
72
Q

purposes of incorporating penal clause to ob

A
  1. to provide for liquidating damages

2. to strengthen the coercive force of the ob by a threat of a greater responsibility in event of breach

73
Q

in ob with penal clause, can creditor still recover damages and interest with the penalty

A

000000000000000

74
Q

in what cases may the debtor validly object to the enforcement of the stipulated property

A

00000000000000

75
Q

what must be delivered when the ob consists of specific thing

A
  1. to take good care of the thing with the diligence of a good father (unless law/agreement requires another standard of care)
  2. to deliver the thing
  3. to deliver the fruits
  4. to deliver the accessions and accessories (even if not mentioned)
76
Q

what must be delivered when the ob consists of generic thing

A

00000000000

77
Q

when do partial performance allowed

A

00000000000000

78
Q

what must debtor do to be released from his ob if the creditor refuses to accept payment w/o justifiable reason

A

00000000000

79
Q

requisites of payment by cession

A
  1. there must be two or more creditors
  2. debtor is insolvent
  3. debtor abandons all his properties except those which are exempt from execution
  4. creditor accepts the abandonment
80
Q

rights acquired by creditor in payment of cession

A

creditor has the right to sell the property and claim the proceeds

81
Q

rights acquired by creditor in dation on payment

A

creditor became the owner of the properties

82
Q

difficulty of performance

83
Q

cases when a person may be released from an ob validly entered into

84
Q

cases when loss of a specific thing will not exempt the obligor from liability even in the absence of fault or delay

85
Q

requisites in order that a condonation may be valid

86
Q

when condonation considered inofficious

87
Q

what is the rationale behind confusion or merger as a mode of extinguishing an ob

88
Q

effect of merger in debtor/creditor

89
Q

effect of merger in the guarantor

90
Q

distinctions between confusion and compensation

91
Q

similarities of compensation and payment

92
Q

may there be compensation although the thing due are not consummable

93
Q

when may compensation take place when only one of the debts is due

94
Q

mixed novation

95
Q

expromission

96
Q

mixed novation

97
Q

requisites of novation

A
  1. there must be a previous valid ob
  2. agreement between parties to modify/extinguish the ob
  3. extinguishment of old ob
  4. there must be validity of the new ob
98
Q

when there is subrogation, what rights are acquired by the new creditor

99
Q

in novation, are accessory obs necessarily extinguished

100
Q

real contract

101
Q

stipulation pour atrui

102
Q

may a 3rd person acquire rights under a contract which he is a stranger or be bound

103
Q

effect of perfection of contract

104
Q

natural elements

105
Q

option contract

106
Q

mistake of law

107
Q

when is a contract voidable or annullable

108
Q

requisites that intimidation may annul consent

109
Q

may fraud be commuted by a party to a contract though there is no misinterpretation on his part

110
Q

future inheritance

111
Q

physical impossibility

112
Q

requisites of things as object of a contract

113
Q

requisites of service as object of a contract

114
Q

may a contract be entered upon future inheritance

115
Q

cause

116
Q

motive

117
Q

inadequacy of cause

118
Q

requisites of cause

119
Q

effect if cause is false

120
Q

object in a contract of sale

121
Q

cause in a contract of sale

122
Q

form of contract

123
Q

informal contract

124
Q

if the law requires a contract to be in writing, will the cont be invalid if its not in writing

125
Q

reformation

126
Q

mutual mistake

127
Q

what is the reason why the law in certain cases permits a written instrument to be reformed or corrected

128
Q

in what way reformation of written instrument distinguished from annulment of a contract

129
Q

interpretation of contract

130
Q

contract of adhesion

131
Q

what should be followed in the interpretation of a contract, its terms or intention of the parties

132
Q

suppose a stipulation or word has several meanings, what interpretation should be given to it

133
Q

state the rule of interpretation where there are various stipulations of a contract

134
Q

rescissible contract

135
Q

rescission

136
Q

rule on the liab of the acquires in bad faith of property alienated in fraud of creditors

137
Q

in what cases is rescission not allowed though the contract is a rescissible one?

138
Q

voidable contract

139
Q

annulment

140
Q

ratification

141
Q

requisites for ratification of voidable cont

142
Q

rule on the right of strangers to a cont. to bring action for its annulment

143
Q

under the law, what contracts are voidable or annullable

144
Q

purpose of statute of frauds

145
Q

void contract

146
Q

inexistent contract

147
Q

indivisible contract

148
Q

characteristics of a void or inexistent contract

149
Q

rules where the cont is unlawful and the act constitutes a crime and both parties are equally guilty

150
Q

natural OB

151
Q

civil ob

152
Q

effect of voluntary performance in a natural ob

153
Q

examples of natural ob under the law

154
Q

kinds of delay

A
  1. mora solvendi
  2. mora accipiendi
  3. compensatio morae
155
Q

remedies of creditor in negative personal ob

A
  • undo the forbidden thing plus damages

- if cannot be undone, claim damages

156
Q

diff between ordinary and legal delay (mora/default)

A

ordinary delay - failure to perform his ob on time

legal delay - failure to perform on time which failure constitutes breach of ob

157
Q

kinds of negligence

A
  1. contractual negligence
  2. civil negligence
  3. criminal negligence
158
Q

kinds of diligence required

A
  1. diligence agreed upon by parties
  2. diligence required by law
  3. diligence of a good father
159
Q

kinds of fortuitous event

A
  1. ordinary - could foresee

2. extraordinary - could not be foreseen

OBLICON (2 decks)

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