OBLICON

Cards (99)

  • What is the efficient cause in the context of obligations?
    It is the legal or judicial tie which binds the parties to the obligation.
  • What does prestation refer to in obligations?
    Prestation is the object or the subject matter of the obligation.
  • What is the nature of obligations arising from contracts?
    They have the force of law between the contracting parties and should be complied with in good faith.
  • When does a debtor incur delay in fulfilling an obligation?
    A debtor does not incur delay without demand from the creditor, even if the obligation is not performed on the agreed date.
  • What is a suspensive condition?
    A suspensive condition is one that does not extinguish the obligation upon the happening of the condition.
  • What is the obligation of a person obliged to give something?
    They are obliged to take care of it with the proper diligence of a father of a good family.
  • What standard of care is required unless otherwise stipulated?
    The debtor is obliged to take care of the thing with the proper diligence of a good father of a family.
  • When does a creditor have the right to the fruits of a thing?
    The creditor has the right to the fruits of the thing from the time the obligation to deliver arises.
  • What happens if a debtor binds himself to pay little by little?
    The court shall fix the period since the parties failed to do so.
  • When is an obligation with a day certain demandable?
    It shall be demandable only when that day comes.
  • When does the creditor acquire real rights over a thing?
    The creditor acquires real rights over the thing from the moment it is delivered.
  • What is mora in the context of obligations?
    Mora denotes delay or default in the performance of an obligation.
  • What is mora solvendi?
    Mora solvendi is the delay or default attributable to both parties in reciprocal obligations.
  • What happens to a debtor's obligation if a generic thing is lost?

    The loss of a generic thing does not extinguish the debtor’s obligation, even without fault.
  • What is culpa aquiliana?
    Culpa aquiliana is the fault or negligence resulting from breach of contract.
  • What does culpa signify?
    Culpa signifies the idea of delay in the fulfillment of an obligation.
  • What must a person obliged to deliver an indeterminate thing include?
    They must include its accessions and accessories, even if not mentioned in the agreement.
  • What happens if a debt produces interest?
    Payment of the principal shall not be deemed made until the interest has been covered or paid.
  • Is there delay in an obligation not to do?
    There is no delay in an obligation not to do.
  • When is a thing deemed lost?
    A thing is deemed lost when it perishes, goes out of commerce, or disappears in such a way that its existence is unknown.
  • What happens when a debtor binds himself to pay when his means permit?
    The obligation shall not be deemed conditional.
  • What happens when conditions extinguish an obligation to give?
    The parties shall return to each other what they have received upon fulfillment of said conditions.
  • Is an obligation payable as soon as possible considered conditional?

    No, it is not an obligation with a condition.
  • What happens in an obligation to deliver a generic thing if it is lost?
    The loss or destruction of a generic thing without the fault of the debtor does not extinguish the obligation.
  • What is negotiorum gestio?
    Negotiorum gestio is not a contract.
  • What are industrial fruits?
    Industrial fruits are those produced by lands of any kind through cultivation.
  • What is a quasi-contract?
    A quasi-contract does not require consent of the contracting parties.
  • What is a resolutory condition?

    A resolutory condition is one that suspends the effectivity of the obligation until fulfilled.
  • What does the obligation to give a determinate thing include?
    It includes delivering all accessions and accessories, even if not mentioned in the agreement.
  • What is the responsibility arising from fraud?
    Responsibility arising from fraud is demandable in all obligations, and any waiver of action for future fraud is void.
  • What does negligence signify in obligations?
    Negligence signifies the idea of delay in the fulfillment of an obligation.
  • What is an example of an obligation with a period?
    An example is when A promises to pay B P10,000 one month from the death of C.
  • What happens if the condition not to do an impossible thing is set?
    The obligation shall be demandable at once.
  • What happens if the fulfillment of the resolutory or suspensive period depends solely on the debtor's will?
    The conditional obligation shall be void.
  • What is the responsibility for unforeseen events?
    No person shall be responsible for events which could not be foreseen or which were inevitable.
  • Are rights acquired in virtue of an obligation transmissible?
    Yes, all rights acquired are transmissible in the absence of any stipulation or law to the contrary.
  • Who is the passive subject in an obligation?
    The person who is bound to the fulfillment of the obligation.
  • What is the power to demand from another any prestation called?
    It is called a right.
  • What is a source of obligation that arises from the agreement of the parties?
    A contract is a source of obligation that arises from the agreement of the parties.
  • What type of obligation arises from the law?
    The obligation to pay taxes arises from the law.