Quiz mock test Flashcards
What is Article 1156
page 1
Obligations and contracts is from R.A
386
Characteristics of law
page 2
Meaning of Juridical necessity
page 2. suffer consequences and is liable/ courts of justice
2 parries of obligations
obligor and obligee
Is the obligation only for the debtor?
page 3
Differentiste civil obligations from natural obligations
page 3 and 4 (law and conscience)
What is article 1356 about?
4 types of contract. page 4
Oral agreement _ years
Written agreement _ years
6 & 10
What is article 3 of the civil code
ignorance of the law excuses no one
Estopell by laches
slept on your right
Essential requisites of a valid obligation:
- Passive
- Active
- Prestation
- Vinculum Juris or Juridical tie
Passive
debtor/ obligor/ to fulfill/ subject for liability or damages
Passive
debtor/ obligor/ to fulfill/ subject for liability or damages
Active
Creditor/ Obligee/ to demand/ file a case against the debtor to the courts of justice to take legal action
Prestation
outcome of the obligation
3 elements of a valid prestation
- It must be possible
- Determinate/ Generic
- Valuable or payable in money
Juridical tie
contract/ agreement
act or performance which is enforced by the law
obligation
act or performance which is enforced by the law
obligation
person has the power to demand or fulfill an obligation
right
violation of legal rights through an act or omission of one party
wrong
Elements of wrong
legal right
correlative right
act or omission in the violation
Obligations from the subject matter
Real and Personal Obligations
What is article 1157
Obliconizations arises from law, contracts, quasi contracts, acts or omission punished by law, & quasi- delicts
explain quasi contracts
lawful, voluntary, and unilateral
what to avoid in quasi contracts?
unjust enrichment
what is unjust enrichment
benefitted at the expense of another which is unlawful
2 types of quasi contracts
negotiorum gestio and solutio indebiti
explain negotiorum gestio
managing someone elses property ex: house on fire
explain solutio indebiti
unduly delivered by mistake
Act or omission punishable by law
civil liability and punishable with criminal offense
quasi delicts or torts
arises from damaged caused to another through an act or omission
what is culpa aquillana
negligence and no pre existing contract
dulo
with intent and opposite sa culpa
art 1158 is about?
obligations derived from law are not presumed. dapat dili sha mugna2
article 1159
obligations arising from contracts have the force of law between the contracting parties and should be complied in good faith
what makes a contract valid
- law
- morals
- good custom
- public order
- public policy
what is art 1160
obligations derived from quasi contracts shall be subject to provisions
what is art 1161
criminal offenses must be giverned by penal codes
dolo and culpa
dolo- gi plano and punishable by criminal law
culpa- negligence and wa tuyo-a
Scopes of liability
- Restitution- return
- Reparation for the damage caused- special value
- Indemnify- compensation fir harm
article 1162
page 16
Requisites of quasi- delicts
- act or omission
- negligence
- damage
- cause and effect
- no pre existing contract
difference between crime and quasi delicts
page 17
prove + pa bug atay og evidence
corpus delicti or preponderance of evidence
difference of determinate and genus
kaya nana nimo kapila nani gi balik2 sharo
2 things to deliver
Determinate and Genus
Duties of DEBTOR in obligation to give DETERMINATE
page 18-19
can a determinate thing be substituted
knorrrr cause it has been agreed upon
can u substitute generic?
as long as it is of the same class or genus
article 1163 is all about?
take care of thething with the diligence of a good father of a family. kapila nani gi balik2 Freshia Mae tawn pod nimo
3 types of fruits to deliver and explain each
natural- no human intervention
industrial- man made
civil- relation to juridical chuchu bot kaya nana nimo
samanang article 1166 daw bi
accessions and accessories sussss
modako imo property tungods avulsion samay tawag ana?
accessions
article 1170 kapila nana gi balik2 pod bayota ka
damages in case of non fulfillment or beach of contract for the determinate thing
difference between accessions and accessories
secretttt naas page 19
incedental fraud or dolo incidente
committed in the performance of an obligation already existing because of contract
article 1165
furuitious event
difference between personal right and real right
page 20
duties of DEBTOR in delivering GENERIC thing
page 21or 27
GENERIC remedies ni creditor
page 22 or page 27
Remedies of the creditor in case of non fulfillment ni debtor
- Demand specific performance & indemnity of damages (can’t force ksy ma involuntary servitude ta ana)
- demand recission (hatag sa court) or cancellation
- demand payment for damages
2 types of delivery
actual and constructive
what is traditio simbolika
key or symbols
traditio longa manu
pointing/ mere consent
brevi manu
rent to own/ situationship
constitutu possisorium
imo gibaligya imo balay pero ga stay gyapon ka anang balaya
tradition by the execution of legal forms
documents itself like naa imo name and everything
when obligation to deliver fruits arises
page 37
- perfection
- suspensive condition
- na bayaran na
- obligations arising from law, contracts, chuchu
difference between suspensive and regulatory unsuspensive conditions
page 25
familiarize and better yet memorize nalang tanan sa page 26-31
GRAHHHHHHHHHHH masyado na akong malakas sa mundo ng mga tao pasipsip naman ng iyong labi
