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Contractual Obligations and Exceptions
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Cards (44)
What is the most common source of obligations?
Contracts
How do contracts arise?
From the agreement between two or more
parties
What happens when you borrow money from a friend?
You create a
contractual obligation
Why are contractual obligations enforceable by law?
They
stem
from
the
parties'
specific
agreement
What do contracts establish between parties?
Mutual
rights and duties
What legal status do obligations from contracts have?
They are
enforceable
by law
How do quasi-contracts differ from contracts?
They arise from situations demanding
fairness
What triggers a quasi-contractual obligation?
A situation that demands
fairness
What are quasi-contracts?
Obligations from
lawful
acts without agreement
How do crimes differ from quasi-delicts?
Crimes involve criminal
offenses
, quasi-delicts do not
What must a murderer do regarding civil liability?
Indemnify
the victims' families
What creates obligations when leading to civil liability?
Crimes
or acts punished by law
How do quasi-delicts differ from contracts?
No
agreement
exists between the parties
What do contractual obligations establish?
Mutual rights and duties
What are quasi-delicts also known as?
Torts
What are the consequences for a thief under civil liability?
Must
return
the
stolen item
Must pay for
damages
How does a contractual obligation differ from a casual promise?
A contractual obligation is
legally enforceable
What is the relationship between criminal responsibility and civil liability?
Criminal responsibility leads to civil liability
obligations
What is the purpose of quasi-contracts?
To prevent
unfair benefits
at another's expense
Why is it important to understand quasi-contracts in law?
They address fairness without
explicit
agreements
What does "not to do" involve in obligations?
Refraining from specific
actions
What does Article 1156 define as an obligation?
A
juridical
necessity to give, do, or not do
What does "to give" refer to in the context of obligations?
Transferring something
physical
or
intangible
What gives rise to quasi-delicts?
Damage caused by
negligence
or
fault
Why are individuals held accountable in quasi-delict situations?
Due to
negligence
even without an agreement
What are the three types of obligations defined in Article 1156?
To give
To do
Not to do
What must an offender do in a quasi-delict situation?
Compensate for
harm caused
What does civil liability stemming from criminal offenses refer to?
Obligations from
crimes
or
acts punished by law
Why is the concept of juridical necessity important in obligations?
It ensures compliance between
parties
What does Article 1157 enumerate?
Five
sources
of obligations
What does "juridical necessity" mean in the context of obligations?
Obligations are
enforceable
by law
What is the first source of obligations according to Article 1157?
Law
What are the implications of obligations being enforceable by law?
Legal consequences
for non-compliance
Protection of rights between parties
Ability to seek legal
remedies
What are obligations imposed by legal rules?
Obligations from
laws
like
taxes
What is the second source of obligations according to Article 1157?
Contracts
What is the fourth source of obligations according to Article 1157?
Crimes
or acts punished by law
What are quasi-contracts?
Voluntary acts preventing
unjust enrichment
What does "to do" mean in the context of obligations?
Performing a
service
or action
Why is civil liability important for crime victims?
It holds criminals responsible beyond
criminal penalties
What is the third source of obligations according to Article 1157?
Quasi-contracts
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