PART 2

Question 1

KINDS OF OBLIGATION
C. From the affirmativeness and negativeness of the
obligation

Answer 1

POSITIVE OR AFFIRMATIVE OBLIGATION
NEGATIVE OBLIGATION

Question 2

the obligation to give or to do

Answer 2

POSITIVE OR AFFIRMATIVE OBLIGATION

Question 3

the obligation not to do (which naturally inludes not to give)

Answer 3

NEGATIVE OBLIGATION

Question 4

KINDS OF OBLIGATION
From the viewpoint of persons obliged
“sanction” -

Answer 4

UNILATERAL
BILATERAL

Question 5

where only one of the parties is bound (e.g. Plato owes Socrates P1,000. Plato must pay Socrates.)

Answer 5

UNILATERAL

Question 6

where both parties are bound (e.g. In a contract of sale, the buyer is obliged to deliver)

Answer 6

BILATERAL

Question 7

ELEMENTS OF OBLIGATION

Answer 7

ACTIVE SUBJECT(Creditor / Obligee)
PASSIVE SUBJECT (Debtor / Obligor)
PRESTATION (to give, to do, or not to do)
EFFICIENT CAUSE
CAUSA

Question 8

the person who is demanding the performance of the obligation

Answer 8

ACTIVE SUBJECT

Question 9

the one bound to perform the prestation or to fulfill the obligation or duty

Answer 9

PASSIVE SUBJECT

Question 10

object; subject matter of the obligation; conduct required to be observed by the debtor

Answer 10

PRESTATION

Question 11

the JURIDICAL TIE which binds the parties to the obligation; source of the obligation.

Answer 11

EFFICIENT CAUSE

Question 12

why obligation exists

Answer 12

CAUSA