P1 Flashcards
Article 1156
An obligation is a juridical necessity to give, to do or not to do.
Essential Requisites of an obligation
Passive subject
Active subject
Object or prestation
Juridical or legal tie
Person who has a duty to fulfill the obligation
Passive Subject
Other term of debtor
Passive subject
Other term for obligor
Passive subject
Person who is entitled to demand the fulfillment of the obligation
Active subject
Creditor
Active subject
Obligee
Active Subject
Subject matter of the obligation
Object or prestation
Other term for prestation
Object
Other term for object
Prestation
Other term for object
Prestation
This will binds or connects the parties to the obligation
Juridical and legal tie
Also called as efficient cause
Juridical or legal tie
Kinds of obligation
Real obligation or personal obligation
An obligation to give
Real obligation
Debtor bound to deliver the subject matter to the creditor
Real obligation
Debtor bound to deliver the subject matter to the creditor
Real obligation
2 types of personal obligation
Positive personal obligation
Negative personal obligation
Subject matter is an act to be done or not to be done
Personal obligation
An obligation to do or not to do
Personal obligation
An obligation to do or not to do
Personal obligation
Obligation to do
Positive personal obligation
Obligation not to do
Negative Personal Obligation
Sources of obligation
Article 1157
Obligations arise from
Law
Contracts
Quasi-Contracts
Acts or Omissions or Delicts
Quasi-Delicts
Forms of obligation
Oral
Writing
Partly oral and writing
Imposed by the law itself
Law
Arise from the stipulation of the parties
Contracts
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
2 kinds of Quasi-Delicts
Solutio Indebiti
Negotiorum Gestio
Payment by mistake
Solutio Indebiti
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
Voluntary management of the property or affairs of another without the knowledge or consent of the latter
Negotiorum Gestio
Obligation arises from crimes and criminal offenses
Acts or Omission or Delicts
Other term of act or omissions
Delicts
Arise from civil liability which is the consequences of a criminal offense
Acts or omissions
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
Other term for quasi delicts
Torts
Derived from latin word “obligatio” means binding or tying
Obligation
“obligatio” means
Tying or binding
Types or remedies
Restitution
Reparation
Indemnification
2 types of thing
Determinate thing
Indeterminate thing or generic thing
Particularly designated or physical segregated others of the same class
Determinate thing
Identified by its individuality
Determinate thing
Refers only to a class or genus to which it pertains and cannot be pointed out with particularity
Indeterminate or generic thing
Identified only by specie
Indeterminate or generic thing
Kinds of fruits
Natural fruits
Industrial fruits
Civil fruits
Spontaneous products of the soil and the young and other products of animals
Natural Fruits
Produced by lands of any kind through cultivation or labor
Industrial Fruits
Derived by virtue of a juridical relation
Civil fruits
When delivery date comes but still waiting for delivery
Personal right
Acquired from the time delivery of fruits is made
Real Rights
Binding or enforceable only against a particular person
Personal Right
Directed and binding against the whole world
Real right
Ownership and other real rights over property are acquired and transmitted in consequences of certain contracts by ____?
Tradition
Tradition is spanish term for
Delivery
Spanish term for delivery
Tradition
Fruits of a thing or additions to or improvements upon a thing
Accessions
Thing joined to or included with the principal thing for the latter’s embellishment, better use or completion
Accessories