OBLICON MIDTERM

• The requisites of an obligation are: passive and active subject, prestation, efficient cause, and demand.
• The right of the creditor that is enforceable against a definite debtor is a real right.
• Specific performance may not be possible in a civil obligation where A, a painter, obliges himself to paint the portrait of B on April 9, 2009.
• Civil obligations are based on equity and justice.
• The person in whose favor the obligation is constituted is the obligor.
• The person who has the duty of giving, doing or not doing is the active subject.
• The object or subject matter of the obligation is the prestation.
• If a contract is perfected, the buyer has a right to the fruits of the thing from the time the contract is perfected.
• The creditor has a right to the fruits of the thing from the time the sale is perfected.
• An obligation is demandable at once when it is with a term ex-die.
• An obligation is demandable at once when it has a period.
• If a debtor pays a debt that has prescribed, the debtor can recover on the ground of undue payment.
• Consent of the parties is required in quasi-contract.
• If a debt has prescribed, the debtor cannot recover for this would be a case of natural obligation.
• Quasi-contract is not enforceable by court action but is binding on the party who obliges with it in conscience.
• The obligation to deliver the thing is changed to pay the equivalent value because the buyer is in legal delay.
• The creditor acquires real rights over the thing from the time the obligation to deliver arises.
• The buyer has a right to the fruits of the thing from the time the sale is perfected.
• A period with a suspensive effect begins from a day certain or upon the arrival of said period.
• Solutio indebiti and negotiorum gestio are implied contracts.
• A period with a resolutory effect begins from a day certain or upon the arrival of said period.
• If a contract is not perfected, the buyer does not have a right to the fruits of the thing.
• The creditor has a right to the fruits of the thing from the time the thing is delivered.
• The obligation begins only from a day certain or upon the arrival of said period.
• The buyer has a right to the fruits of the thing from the time the thing is delivered.
• An obligation is demandable at once when it has a suspensive condition.
• An obligation is demandable at once when it has a resolutory condition.
• Responsibility arising from fraud is demandable in all obligations and any waiver of an action for fraud is void.
• The court determines the amount of damage taking into consideration the price of the thing and its sentimental value to the injured person in reparation.
• Action to impugn or rescind acts or contracts done by the debtor to defraud the creditors is known as accion quanti-minoris.
• When what is to be delivered is a determinate thing, the creditor may compel the debtor to make the delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the expense of the debtor.
• The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.
• The receipt of a later installment of a debt without reservation as to prior installments, shall give rise to a rebuttable presumption that such installments have been paid.
• If a taxpayer pays his income tax liability for the current year, there is a presumption that tax liability for the previous year has been paid.
• If there is no condition or term for its fulfillment, the obligation to deliver arises from the perfection of the contract or creation of the obligation.
• C cannot claim reimbursement from A in as much as the payment was made without the knowledge of B.
• The liability of a school when a student is stabbed inside the campus by a stranger in the school is based on delicts.
• Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages.
• The obligation of A to B was extinguished but A should reimburse C the amount of P100,000 because he was benefited by the payment.
• The following except one, are included in civil liability: restitution, indemnification, reparation, and starvation.