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Oblicon (RECITATION FORMAT) > TITLE I CHAPTER 1: GENERAL PROVISIONS > Flashcards

TITLE I CHAPTER 1: GENERAL PROVISIONS Flashcards

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1
Q

Art. 1156: What is an obligation?

A

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

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2
Q

What is a right?

A

A right is a claim or title to an interest in anything whatsoever that is enforceable by law. A right is a power, privilege, or immunity guaranteed under a constitution, statute or decisional law, or recognized as a result of long usage, constitutive of a legally enforceable claim of one person against the other.

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3
Q

For every right enjoyed by any person, (Fill in the blanks)

A

there is a corresponding obligation on the part of another person to respect such right.

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4
Q

What is a Civil Action (Lawsuit)?

A

A civil action is one by which a party sues another for enforcement or protection of a right, or the prevention or redress of a wrong.

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5
Q

What is a Cause of Action?

A

A cause of action is the act or omission by which a party violates the right of another.

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6
Q

What is a plaintiff?

A

A plaintiff is the party who brings a civil suit in a court of law. He/she is the person who files the complaint in court..

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7
Q

What is a complaint?

A

A complaint contains the written statements alleging the plaintiff’s claim or cause or causes of action. It is the initial written statement that starts a civil action. The function of a complaint is to give the defendant notice of the nature and basis for the claim.

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8
Q

What is a defendant?

A

A person sued in a civil proceeding. He /she is the person who will be required to answer the complaint in court.

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9
Q

What is a Real Obligation?

A

A real obligation is the obligation to give. The obligation of the debtor or obligor to deliver a thing, movable or immovable, to the creditor or obligee for the purpose of transferring ownership or for the use or possession of the recipient.

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10
Q

Enumerate the two kinds of real obligation

A
  1. Determinate or Specific Real Obligation
  2. Indeterminate or Generic Real Obligation
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11
Q

What does a determinate or specific thing mean?

A

A thing is determinate when it is particularly designated or physically segregated from all others of the same class.

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12
Q

What does an indeterminate or generic thing mean?

A

A thing is indeterminate when it is designed merely by its class or genus without any particular designation or physical segregation from all others of the same class.

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13
Q

What is a Personal Obligation?

A

A personal obligation is an obligation to do and not to do.

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14
Q

What is a positive personal obligation?

A

It is the obligation of the debtor or obligor to perform some work or service for the creditor or obligee

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15
Q

What is a negative personal obligation?

A

This is the obligation of the debtor or obligor not to perform some act in favor of the creditor or obligee

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16
Q

Enumerate the four essential elements of an obligation

A
  1. Passive Subject (Debtor/Obligor)
  2. Active Subject (Creditor/Obligee)
  3. Object (Prestation/Fact)
  4. Juridical or Legal Tie (Efficient Cause/Vinculum Juris)
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17
Q

What is a passive subject?

A

The person from whom the obligation is juridicially demandable. He is the person who has the obligation to give, to do, or not to do. It is the person that has the duty to comply.

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18
Q

What is an active subject?

A

The person who has the right to demand the fulfillment of the obligation. He is the person who has the right to demand compliance of the obligation to give, to do, or not to do.

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19
Q

What is an object or prestation?

A

It is the particular conduct or subject matter of the debtor or obligor which may consist of giving, doing, or not doing something.

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20
Q

What does juridical or legal tie mean?

A

It is which creates the relation between the passive subject or obligor and the active subject or obligee. It is the cause that essentially binds the parties to the obligation which gave rise to the existence of the contract.

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21
Q

Art. 1157: Obligations may arise from?

A
  1. Law
  2. Contracts
  3. Quasi-contracts
  4. Acts or omissions punished by law (Delicts)
  5. Quasi-delicts
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22
Q

Can a obligation arise from a situation that is not mentioned in Article 1157?

A

No, an obligation imposed on a person, whether natural or juridical, and the corresponding right granted to another, must originate from either or a combination of the sources in Art. 1157.

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23
Q

Is practice or custom a source of obligation?

A

A practice or custom is, as a general rule, not a source of a legally demandable pr enforceable right (idk ano reason).

24
Q

What is law?

A

It is a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.

25
Q

What is a contract?

A

A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.

26
Q

What are the three stages of a contract?

A
  1. Negotiation/Preparation
  2. Perfection
  3. Consummation
27
Q

What is Negotiation?

A

Negotiation covers the period from the time the prospective contracting parties indicate interest in the contract to the time the contract is concluded (perfected)

28
Q

What is Perfection?

A

The perfection of the contract takes place upon the concurrence of the essential elements thereof.

29
Q

What is Consummation?

A

The stage of consummation begins when the parties perform their respective undertakings under the contract culminating in the extinguishment thereof.

30
Q

In the three stages, when is a contract fully formed?

A

Perfection, until the contract is perfected, it cannot, as an independent source of obligation, serve as a binding juridical relation.

31
Q

What is the meaning of Quasi?

A

As if

32
Q

What is a Quasi-contract?

A

Certain lawful, voluntary, and unilateral acts that give rise to the juridical relation of quasi-contracts to the end that no one shall be unjustly enriched or benefited at the expense of another.

33
Q

What are the two conditions for unjust enrichment?

A
  1. A person is unjustly benefited
  2. Such benefit is derived at the expense of or to the damage of another
34
Q

What are the three kinds of Quasi-Contracts?

A
  1. Negotiorum Gestio
  2. Solutio Indebiti
  3. Other Quasi-Contracts
35
Q

What does Negotiorum Gestio mean?

A

Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so.

36
Q

What are the two instances that no negotiorum gestio will take place?

A
  1. When the property or business is not neglected or abandoned
  2. If in fact the manager has been tacitly authorized by the owner.
37
Q

What does Solutio Indebiti mean?

A

If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.

38
Q

What are the two requisites that must be proven before a solutio indebiti arises?

A
  1. The absence of a right to collect the excess sums
  2. The payment was made by mistake
39
Q

What are Other Quasi-Contracts?

A

Those support given by strangers as enumerated under article 2164 to 2175 of the NCC.

40
Q

What is a Delict?

A

A violation of the law; especially a wrongful act or omission giving rise to a claim for compensation.

41
Q

What are the three civil liabilities in Delict?

A
  1. Restitution
  2. Reparation of the damage caused
  3. Indemnification for consequential damages
42
Q

When should Restitution be made?

A

The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court.

43
Q

What does reparation of the damage caused mean?

A

The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly.

44
Q

What does Indemnification for consequential damages include?

A

Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime.

45
Q

What are Quasi-Delicts?

A

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict.

46
Q

Enumerate the three elements of Negligence

A
  1. The fault or negligence of the defendant
  2. The damage suffered or incurred by the plaintiff
  3. The relation of cause and effect between the fault or negligence of the defendant and the damage incurred by the plaintiff.
47
Q

Enumerate the three kinds of negligence

A
  1. Culpa Aquiliana or Quasi-Delict
  2. Culpa Contractual
  3. Culpa Criminal
48
Q

What is Culpa Aquiliana?

A

This is negligence resulting from the failure to observe the required diligence which causes damage to another person.

49
Q

What is Culpa Contractual?

A

This is negligence in the performance of a pre-existing contract

50
Q

What is Culpa Criminal?

A

This is also known as Criminal Negligence. This is negligence which results in the commission of a crime.

51
Q

Art. 1158: Are obligations derived from law presumed?

A

Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them.

52
Q

What does good faith mean?

A

It is an intangible and abstract quality with no technical meaning or statutory definition, and it encompasses, among other things, a honest belief, the absence of malice and the absence of malice and the absence of design to defraud, or to seek an unconscionable advantage. It implies honesty of intention and freedom from knowledge of circumstances which ought to put the holder upon inquiry.

53
Q

What is Diligence of a good father of a family?

A

The concept of diligence of a good father of a family connotes reasonable care consistent with that which an ordinarily prudent person would have observed when confronted with a similar situation.

54
Q

What is proximate cause?

A

It is that cause, which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occured.

55
Q

What is negligence?

A

It is the failure to observe for the protection of the interests of another person that degree of care, precaution, and vigilance which the circumstance justly demand, whereby such other person suffers injury. Negligence, as it is commonly understood, is a conduct that creates an undue risk of harm to others.

56
Q

What is the test of negligence?

A

Did the defendant in doing the alleged negligent act use that reasonable care and caution which an ordinary person would have used in the same situation? If not, then he is guilty of negligence.

Oblicon (RECITATION FORMAT) (2 decks)

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