P1 Flashcards

(59 cards)

1
Q

Article 1156

A

An obligation is a juridical necessity to give, to do or not to do.

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2
Q

Essential Requisites of an obligation

A

Passive subject
Active subject
Object or prestation
Juridical or legal tie

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3
Q

Person who has a duty to fulfill the obligation

A

Passive Subject

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4
Q

Other term of debtor

A

Passive subject

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5
Q

Other term for obligor

A

Passive subject

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6
Q

Person who is entitled to demand the fulfillment of the obligation

A

Active subject

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7
Q

Creditor

A

Active subject

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8
Q

Obligee

A

Active Subject

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9
Q

Subject matter of the obligation

A

Object or prestation

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10
Q

Other term for prestation

A

Object

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11
Q

Other term for object

A

Prestation

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12
Q

Other term for object

A

Prestation

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13
Q

This will binds or connects the parties to the obligation

A

Juridical and legal tie

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14
Q

Also called as efficient cause

A

Juridical or legal tie

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15
Q

Kinds of obligation

A

Real obligation or personal obligation

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16
Q

An obligation to give

A

Real obligation

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17
Q

Debtor bound to deliver the subject matter to the creditor

A

Real obligation

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18
Q

Debtor bound to deliver the subject matter to the creditor

A

Real obligation

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19
Q

2 types of personal obligation

A

Positive personal obligation
Negative personal obligation

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20
Q

Subject matter is an act to be done or not to be done

A

Personal obligation

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21
Q

An obligation to do or not to do

A

Personal obligation

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22
Q

An obligation to do or not to do

A

Personal obligation

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23
Q

Obligation to do

A

Positive personal obligation

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24
Q

Obligation not to do

A

Negative Personal Obligation

25
Sources of obligation
Article 1157 Obligations arise from Law Contracts Quasi-Contracts Acts or Omissions or Delicts Quasi-Delicts
26
Forms of obligation
Oral Writing Partly oral and writing
27
Imposed by the law itself
Law
28
Arise from the stipulation of the parties
Contracts
29
Arise from lawful, voluntary, and unilateral acts which are enforceable to the end that no one shall unjustly enriched or benefited at the expense of another
Quasi-Contracts
30
2 kinds of Quasi-Delicts
Solutio Indebiti Negotiorum Gestio
31
Payment by mistake
Solutio Indebiti
32
Juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake
Solutio indebiti
33
Voluntary management of the property or affairs of another without the knowledge or consent of the latter
Negotiorum Gestio
34
Obligation arises from crimes and criminal offenses
Acts or Omission or Delicts
35
Other term of act or omissions
Delicts
36
Arise from civil liability which is the consequences of a criminal offense
Acts or omissions
37
Arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties
Quasi Delicts or torts
38
Other term for quasi delicts
Torts
39
Derived from latin word "obligatio" means binding or tying
Obligation
40
"obligatio" means
Tying or binding
41
Types or remedies
Restitution Reparation Indemnification
42
2 types of thing
Determinate thing Indeterminate thing or generic thing
43
Particularly designated or physical segregated others of the same class
Determinate thing
44
Identified by its individuality
Determinate thing
45
Refers only to a class or genus to which it pertains and cannot be pointed out with particularity
Indeterminate or generic thing
46
Identified only by specie
Indeterminate or generic thing
47
Kinds of fruits
Natural fruits Industrial fruits Civil fruits
48
Spontaneous products of the soil and the young and other products of animals
Natural Fruits
49
Produced by lands of any kind through cultivation or labor
Industrial Fruits
50
Derived by virtue of a juridical relation
Civil fruits
51
When delivery date comes but still waiting for delivery
Personal right
52
Acquired from the time delivery of fruits is made
Real Rights
53
Binding or enforceable only against a particular person
Personal Right
54
Directed and binding against the whole world
Real right
55
Ownership and other real rights over property are acquired and transmitted in consequences of certain contracts by ____?
Tradition
56
Tradition is spanish term for
Delivery
57
Spanish term for delivery
Tradition
58
Fruits of a thing or additions to or improvements upon a thing
Accessions
59
Thing joined to or included with the principal thing for the latter's embellishment, better use or completion
Accessories