Contractual Obligations Review

Created by

Teerak

Cards (37)

What is the definition of an obligation?
A legal relationship binding a debtor to a creditor
Who is the debtor in an obligation?
The person bound to perform a specific act
Who is the creditor in an obligation?
The person entitled to receive something
Why are obligations important in legal contexts?
They ensure promises are legally enforceable
How do obligations typically arise?
From contracts or other legal agreements
What are the four elements of obligations?
Active and Passive Subjects, Object, Juridical Tie
What is the Juridical or Legal Tie in obligations?
The agreement or law that binds the parties
How does the Active Subject differ from the Passive Subject in obligations?
The Active Subject receives, while the Passive Subject performs
What are oral obligations?
Agreements made verbally
Who is the Passive Subject in an obligation?
The person who must perform the obligation
What are the three forms of obligations?
Oral, written, and partly oral and partly written
In a sales contract, who is the Active Subject?
The buyer who receives the product
What are partly oral and partly written obligations?
Combinations of both oral and written agreements
What are written obligations?
Contracts or agreements in legal documents
What does Article 1356 state about contracts?
Contracts must be in writing for validity
How does a written contract for a car purchase provide legal protection?
It is formal and documented in legal terms
Why might an oral agreement to buy street food not be legally enforced?
It is informal and lacks written documentation
In a sales contract, who is the Passive Subject?
The seller who delivers the product
What are the four sources of obligations?
Contracts, quasi-contracts, delicts, quasi-delicts
What are the legal requirements for delicts?
Guilty act
Intent
What defines a quasi-delict?
Negligent actions
Causes damage or injury
No prior agreement
What are the key differences between oral and written obligations?
Oral Obligations:
Made verbally
Informal agreements
May lack legal enforceability

Written Obligations:
Formally documented
Provide stronger legal protection
Required for validity in many cases
What is the definition of a wrong?
An illegal action leading to legal penalties
How do partly oral and partly written obligations function in legal terms?
Combine elements of both oral and written agreements
May provide flexibility in enforcement
Can lead to ambiguity in legal interpretation
What defines a quasi-contract?
Implied agreements
Prevents unjust enrichment
What are the legal requirements for a contract?
Valid offer
Acceptance
Consideration
What are the four key elements of obligations in a sales contract?
Active Subject: Buyer who receives the product
Passive Subject: Seller who delivers the product
Object or Prestation: The product itself
Juridical Tie: The sales agreement
What are the specific legal requirements for a valid obligation from each source?
Contracts: valid offer, acceptance, consideration
Quasi-contracts: implied agreements, prevent unjust enrichment
Delicts: guilty act, intent
Quasi-delicts: negligent actions, causes damage, no prior agreement
What is the Object or Prestation in a sales contract?
The product itself
Who is the Active Subject in an obligation?
The person who receives the performance
What is the rule regarding contracts for their validity and binding force?
Contracts must be in writing
What is the definition of a right?
The power to demand performance from others
What are the legal consequences of a wrong?
It leads to legal penalties
What does the Object or Prestation refer to in obligations?
The specific act or thing to be done or given
How do obligations, rights, and wrongs differ from each other?
Obligation: Must do under the law
Right: Can demand from another
Wrong: Illegal act with legal consequences
What constitutes the Juridical Tie in a sales contract?
The sales agreement
What is the definition of an obligation?
An act or performance the law enforces