OBLICON

• Obligation is a juridical necessity to give, to do, or not to do
• Juridical necessity or juridical tie connotes that in case of non-compliance there will be legal sanction
• Damages is the sum of money given as compensation for the injury or harm suffered by the obligee
• Civil obligation is an obligation that if if not fulfilled when it is due and demandable can be enforceable in court
• Natural obligation is a special kind of obligation that cannot be enforceable in court
• Real obligation refers to the obligation to give
• Personal obligation refers to the obligation to do or not to do
• Positive obligation is the obligation to give or to do
• Negative obligation is the obligation not to do
• Passive subject also known as the debtor or obligor is the one bound to the fulfillment of the obligation
• Active subject also known as the creditor or obligee is the one entitled to demand for the fulfillment of the obligation
• Prestation or the object is the conduct required to be observed by the debtor
• Juridical or legal tie is what bind the parties to the obligation
• Sources of obligation includes: Law, Contracts, Quasi-contracts, Delicts, and quasi-delicts
• Special laws refer to the laws that are not contained in the civil code
• Injury is the wrongful act or omission which causes loss pr harm to another
• Damage refers to the result of the injury
• Contract is the meeting of the minds between two or more person
• Compliance in good faith means compliance or performance in accordance to the stipulation of the agreement
• Negotorium Gestio is the voluntary management of a property or affair of another without the knowledge or authority of the latter
• Solutio Indebiti is when something is received when there is no right to demand it, and when it was unduly delivered through mistake
• Scopes of civil liability include Restitution, Reparation of the damage caused, Indemnification for consequential damages
• Specific or determinate thing refers to the thing that is particularly designated or physically segregated from others of the same class
• Generic or indeterminate when it refers only to a class or genus
• Duties of the debtor in an obligation to deliver a specific thing include: Preserve the thing to be delivered; deliver the fruits of the thing; deliver the accessions and accessories; deliver the thing itself; and answer for damages in case of non-fulfillment
• Natural fruits are the spontaneous products of the soil, the young, an the other products of animals
• Industrial fruits refers to those produces by lands of any kind through cultivation and labor
• Civil fruits are those derived by virtue of a juridical relation
• Personal right is the right or power of a person to demand something from another
• Accessions refers to the fruits of a thing or additions to or improvements upon a thing
• Accesories are things attached with the principal thing
• Ordinary delay is merely the failure of the debtor to fulfill his obligation on the date agreed upon
• Legal delay or defaulr or mora is the failure to perform an obligation on the time which failure constitute with breach of the obligation
• Mora solvendi is the delay on the part of the debtor to fulfill his obligation
• Mora accipiendi is the delay on the part of the creditor to accept the performance
• Compensatio Morae is the delay on the part of the obligors in a reciprocal obligation
• Fraud or deceit is the deliberate or intentional evasion of the normal fulfillment of an obligation
• Negligence or faulr or culpa any voluntary act or omission, there being no bad faith to malice
• Delay or mora is the failure to perform an obligation on time
• Contravention of the terms of an obligation refers to the violation of the terms and conditions stipulated in the obligation