Oblicon 1156-1162

Cards (71)

  • What is an obligation in legal terms?
    An obligation is a juridical necessity to give, to do, or not to do.
  • What happens if a debtor does not comply with an obligation?
    The court may be called upon to enforce the fulfillment of the obligation.
  • What are the duties of the obligor/debtor?
    The duties are to give, to do, or not to do as required by the obligation.
  • What is meant by 'juridical necessity' in obligations?
    It means that the debtor must comply with the obligation regardless of personal preference.
  • What are civil obligations based on?
    Civil obligations are based on positive law.
  • What is a natural obligation?
    A natural obligation is based on equity or natural law and does not grant a right of action to enforce performance.
  • What are the essential requisites of an obligation?
    The essential requisites are passive subject, active subject, object or prestation, and juridical or legal tie.
  • What are the four essential requisites of an obligation?
    • Passive Subject: Debtor or obligor with the duty to perform.
    • Active Subject: Creditor or obligee entitled to demand fulfillment.
    • Object or Prestation: Subject matter of the obligation.
    • Juridical or Legal Tie: Source of the obligation binding the parties.
  • From what sources do obligations arise according to Article 1157?
    Obligations arise from law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
  • What is an obligation imposed by law?
    An obligation imposed by law is one that is required by legal statutes, such as the obligation of spouses to support their family.
  • What defines a contract as a source of obligation?
    A contract is defined as a meeting of minds between two persons whereby one binds himself to give something or render a service.
  • What must contracts comply with according to Article 1159?
    Contracts must comply with good faith and should not run contrary to the law.
  • What happens if a contract is contrary to law?
    If a contract is contrary to law, it is not valid and cannot be a source of an obligation.
  • What are the three essential requisites of a contract?
    The three essential requisites are consent, object, and cause or consideration.
  • What does 'compliance in good faith' mean in the context of contracts?
    It means performing according to the stipulations or terms of the contract with sincerity and honesty.
  • What is a breach of contract?
    A breach of contract occurs when a party fails to comply with their obligations without legal justification.
  • What are quasi-contracts?
    Quasi-contracts are juridical relations resulting from lawful, voluntary, and unilateral acts to prevent unjust enrichment.
  • What are the two kinds of quasi-contracts?

    1. Negotiorum Gestio: Voluntary management of another's property without their knowledge or consent.
    2. Solutio Indebiti: Juridical relation which is created when something is received when there is no right to demand it and it was actually delivered thru mistakes
  • What is the purpose of quasi-contracts?
    The purpose of quasi-contracts is to prevent unjust enrichment or benefit at the expense of another.
  • What is the significance of consent in contracts?
    Consent is essential as it signifies the agreement of the parties involved in the contract.
  • What does 'juridical relation' refer to in quasi-contracts?

    It refers to the legal relationship that arises from the voluntary acts of parties to prevent injustice.
  • What is the role of the law in quasi-contracts?
    The law supplies consent in quasi-contracts to prevent unjust enrichment.
  • What is the implication of 'no pre-existing contractual relation' in quasi-delicts?
    It means that the obligation to pay for damages arises from fault or negligence without any prior contract between the parties.
  • What is the liability of a possessor of a dog in a quasi-delict situation?
    The possessor is liable for damages caused by the dog to another person.
  • What does Article 1158 state about obligations derived from law?
    Obligations derived from law are not presumed and must be expressly provided by law.
  • What is the significance of Article 1159 regarding contracts?
    It states that obligations arising from contracts have the force of law and must be complied with in good faith.
  • What are the consequences of a breach of contract?
    The guilty party may be held liable for violating the terms of the contract.
  • What does 'good faith' imply in the context of contracts?
    It implies sincerity and honesty in fulfilling the terms of the contract.
  • What is the role of the court in enforcing obligations?
    The court can compel a debtor to fulfill their obligation if they fail to comply.
  • What is the relationship between obligations and legal sanctions?
    Failure to comply with obligations may result in legal sanctions against the debtor.
  • How does the law regulate obligations?
    The law regulates obligations by establishing the conditions under which they arise and are enforceable.
  • What is the importance of the essential requisites of an obligation?
    The essential requisites determine the legitimacy and binding nature of the obligation between parties.
  • What is the significance of the term 'juridical tie' in obligations?
    The juridical tie is the source that binds the parties to the obligation.
  • What does Article 1157 outline regarding the sources of obligations?
    Article 1157 outlines that obligations arise from law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
  • What is the implication of 'expressly provided by law' in obligations?
    It means that obligations must be clearly stated in legal texts to be enforceable.
  • What does 'good faith' require in the context of contracts?
    Good faith requires that parties act sincerely and honestly in fulfilling their contractual obligations.
  • What is the role of quasi-contracts in preventing injustice?
    Quasi-contracts aim to prevent unjust enrichment at the expense of another party.
  • What is the significance of the term 'unjust enrichment' in quasi-contracts?

    Unjust enrichment refers to a situation where one party benefits at the expense of another without a legal basis.
  • How does the law treat obligations derived from contracts?
    Obligations derived from contracts are treated as having the force of law and must be complied with in good faith.
  • What is the consequence of failing to comply with a contractual obligation?
    The consequence is that the party may be held liable for breach of contract.