Obligation

• Active subject - has the right to demand performance of the obligation
• Passive subject - is obliged to perform the obligation
• Prestation - object or subject matter of the obligation
• Efficient cause - vinculum or legal or juridical tie which binds the parties to an obligation.
• Civil obligation - positive law, it is enforceable by court action
• Natural obligation - natural law, not enforceable by court action
• Law - a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.
• Contracts - a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to rener some service.
• Quasi-contracts - lawful, voluntary and unilateral acts give rise to a juridical relation to the end that no one shall be unjustly enriched at the expense of another.
• Negotiorum gestio - voluntary management of the property without the consent of the owner.
• Solutio indebiti - payment by mistake
• • Delict or felony - acts or omission punishable by law.
• Quasi delict or tort - act or omissions that cause damage to another person without the intention to cause harm. There is no contract but there is damage due to negligence.
• Specific or determinate thing - identified by its individuality It cannot be replaced or substituted.
• Generic or indeterminate thing - Identified by its specie. It can be replaced or substituted.
• 3 basic obligation to specific thing

  1. To preserve and take good care of the thing with a diligence of a good father of a family
  2. To deliver the thing including the fruits
  3. To deliver all accessions and accessories
• Personal right or Jus in Persona - right that may be enforced by one person on another.
• Real right or Jus in Rem - right or power over a specific thing which right is enforceable against the whole world.
• Accessions - the fruits of a thing or additions to or improvements upon a thing.
• Accessories - things joined to or included with the principal thing for the latter's embellishment, better use, or completion.
• Remedies of creditor to specific thing (Real Obligation)

  1. Compel the debtor
  2. Ask for damages
• Remedies of creditor to generic thing (Real Obligation)

  1. Ask the debtor
  2. Ask a third person
  3. Ask for damages
• Remedies of creditor (Positive personal obligation)

  1. Ask the debtor
  2. If the debtor refuses, ask a third person
  3. Ask damages
• Remedies of creditor (Negative personal obligation)

  1. Undoing of the forbidden thing and damages
  2. If not possible, ask for damages
• Damages - harm done and the sum of money that may be recovered in reparation for the harm done.
• Injury - wrongful, unlawful or tortuous act which causes loss or harm to another.
• Moral - feelings/reputation
• Exemplary or corrective - example or correction for public good
• Nominal - damages to vindicate a right (smallest)
• Temperate or moderate - more the nominal, less than compensatory / you can prove with certainty.
• Actual or compensatory - pecuniary loss that may be recovered
• Liquidated - agreed upon by parties
• Fraud or deceit or dolo - deliberate or intentional evasion by the debtor of the normal compliance of his obligation.
• Causal fraud or dolo causante - committed at start, annulment, voidable
• Incidental fraud or dolo incidente - after creation of oblig, ask for damages, valid
• Waiver of future fraud - void
• Waiver of past fraud - valid
• waiver of past or future negligence - valid
• Negligence - any voluntary act or omission, there being no bad faith or malice, which causes damage to another.
• Culpa contractual - negligence in the performance of a contract