Obligations in General Flashcards
What is an obligation?
A legal relationship where an obligor is bound to render a performance to an obligee.
What may the performance consist of ?
Giving, doing, or not doing
What are the sources of obligations
Juridical acts and facts
What is a convention obligation?
Obligation created by contract.
What are personal rights?
Relationships and obligations between two people. They are relative
Are personal rights transferable?
No they are attached to a person, they are not transferred automatically.
Are most obligations transferable and heritable?
Yes, some are strictly personal and non-heritable
What is a successor?
A person who takes a place of another
What is a universal successor?
Heir (intestate)
Universal (testate successor)
General legatee (testate) - succession to heritable rights and liabilites
What is a particular successor?
Particular legatee (tesatate successor)
Buyer, donee,
What’s the difference between a heritable and strictly personal obligation?
Heritable survive death of original party and can be enforced by successors. Transferable,
Strictly personal can only be enforced by obligee. Non transferable, extinguished with person. Claim for damages is heritable
What is a condition?
An uncertain event
If the event is certain isn’t that a term?
Yes, not a condition
What is an example of a positive condition?
Uncertain event shall occur. I promise to sell you my house if I move to another city.
What is an example of a negative condition?
Uncertain event shall NOT occur. I pay u $100 if u dont smoke cig for 6 mo.
Can conditions last forever?
No, fixed time or reasonable time
Can conditions be tampered with?
No
What’s an example of an implied condition
Sale of an unborn puppy
Will conditions usually be expressed?
yes
Must conditions be possible and legal?
Yes
What is a casual condition mean?
That parties have no control, ex the weather
What is a potestative condition?
Something parties control
What’s the difference between simply potestative and purely potestative conditions?
simply potestative depends on WILL OF PARTY
Purely potestative depends on WHIM of parties
What happens if a suspensive condition is unlawful or impossible, dependent on whim of obligor?
Then entire obligation is absolutely null
If something is wrong with suspensive condition then ELIMINATE EVERYTHING.
What happens if a resolutory condition is unlawful, impossible, or dependent on the the while of an obligor?
Condition is absolutely null. perform surgery - REMOVE MALIGNANT PART
What are an obligee’s rights pending a fulfillment of a condition?
He may lawful measures to preserve his right
Are effects retroactive?
Yes. fulfillment of a condition has effects that are retroactive to the inception of the condition. However they do not impair the validity of acts of administration, or ownership or fruits, or rights acquired by 3rd parties.
What about the effects for contracts for continuous performance?
Fulfillment of a resolutory condition does not affect the validity of acts of performance rendered before fulfillment of the condition.
What is an obligation with a term?
Enforcreability of existing obligation will commence or cease at a later time
Can terms be certain or fixed? What does it mean?
Certain = fixed by parties
Not fixed be parties, can be determinable or not determinable (reasonable time)
What’s the difference between “pay if paid” and “pay when paid”
Pay if pad = suspensive condition
pay when paid = suspensive term
