Save
OBLICON
Save
Share
Learn
Content
Leaderboard
Share
Learn
Created by
ces
Visit profile
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.
View source
What does prestation refer to in obligations?
Prestation
is the
object
or the
subject
matter of the
obligation.
View source
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
.
View source
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.
View source
What is a suspensive condition?
A suspensive condition is one that does not
extinguish
the
obligation
upon the happening of the
condition.
View source
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
.
View source
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
.
View source
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.
View source
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.
View source
When is an obligation with a day certain demandable?
It shall be
demandable
only when
that
day
comes.
View source
When does the creditor acquire real rights over a thing?
The creditor acquires real rights over the thing from the moment it is
delivered
.
View source
What is mora in the context of obligations?
Mora denotes delay or default in the
performance
of an obligation.
View source
What is mora solvendi?
Mora solvendi is the delay or default attributable to both parties in reciprocal
obligations
.
View source
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.
View source
What is culpa aquiliana?
Culpa aquiliana
is the fault or negligence resulting from
breach
of contract.
View source
What does culpa signify?
Culpa
signifies the idea of delay in the fulfillment of an
obligation
.
View source
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.
View source
What happens if a debt produces interest?
Payment of the
principal
shall not be deemed made until the interest has been covered or paid.
View source
Is there delay in an obligation not to do?
There is no delay in an obligation not to do.
View source
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.
View source
What happens when a debtor binds himself to pay when his means permit?
The
obligation
shall not be deemed
conditional
.
View source
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.
View source
Is an obligation payable as soon as possible considered
conditional
?
No
, it
is
not
an
obligation
with
a
condition.
View source
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.
View source
What is negotiorum gestio?
Negotiorum gestio is not a
contract
.
View source
What are industrial fruits?
Industrial fruits are those produced by lands of any kind through
cultivation
.
View source
What is a quasi-contract?
A quasi-contract does not require consent of the
contracting parties
.
View source
What is a
resolutory
condition
?
A
resolutory
condition
is one that
suspends
the
effectivity
of the
obligation
until
fulfilled.
View source
What does the obligation to give a determinate thing include?
It includes delivering all
accessions
and
accessories
, even if not mentioned in the agreement.
View source
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.
View source
What does negligence signify in obligations?
Negligence
signifies the idea of delay in the fulfillment of an obligation.
View source
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
.
View source
What happens if the condition not to do an impossible thing is set?
The
obligation
shall be
demandable
at once.
View source
What happens if the fulfillment of the resolutory or suspensive period depends solely on the debtor's will?
The
conditional obligation
shall be void.
View source
What is the responsibility for unforeseen events?
No person shall be responsible for events which could not be foreseen or which were
inevitable
.
View source
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.
View source
Who is the passive subject in an obligation?
The
person
who
is
bound
to
the
fulfillment
of
the
obligation.
View source
What is the power to demand from another any prestation called?
It is called a
right
.
View source
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.
View source
What type of obligation arises from the law?
The obligation to pay
taxes
arises from the law.
View source
See all 99 cards