1
Q
define wrong (cause of action)
A
an act or omission violating the right of another
2
Q
why ob are juridical necessity
A
Because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment
3
Q
may a person incur obligation even without entering into a contract or verbal agreement
A
Yes, because obligations do not only arise from contracts. They can be imposed by law, arise from quasi-contracts, from crimes or acts or omissions punished by law and from quasi-delicts or torts.
4
Q
compliance in good faith
A
a sincere intention to deal fairly with others
5
Q
requisites of prestation (4)
A
- licit
- possible
- determinate
- pecuniary value - payable by money
6
Q
natural obligation
A
based on equity at utang na loob
7
Q
the object of obligation
A
to give, to do or not to do
8
Q
another word for juridical tie/legal tie
A
vinculum / vinculum juris
9
Q
vinculum / vinculum juris
A
lawful, unilateral, voluntary
10
Q
common characteristics of quasi-contracts, quasi-delicts and delicts
A
all of them were originated from law
11
Q
term for those people who exercise negligence
A
tortfearors
12
Q
civil liability consists of:
A
- restitution - return to original state/thing, not possible if thing is totally lost
- reparation - repair (court will determine the price of the thing + sentimental value)
- indemnification - last resort; pay the monetary value
13
Q
right of action
A
commencement ng pagfifile ng kaso
14
Q
is quasi-contracts, contracts?
A
no, because no concept is given but by fiction of law, the law itself supplies the consent
15
Q
requisites of quasi-delicts
A
- there must be an act or omission
- there must be fault or negligence
- damage must have been caused
- there must be a direct relation or a proximate cause
- there is no pre-existing contractual relation
16
Q
what is proximate cause
A
The actions of the person who owes you a duty must be sufficiently related to your injuries
17
Q
plaintiff
A
nagkaso
18
Q
defendant
A
kinasuhan
19
Q
personal right
A
enforceable against a specific passive subject; from the time ob to deliver arises
20
Q
legal delay or default
A
failure to perform an ob on time which can result to breach of the ob
21
Q
liability of a person for loss or damage resulting from FE
A
not liable
22
Q
rights of creditor in case debtor fails to comply his ob to deliver a specific thing
A
- ask specific performance
- ask for damages
- rescission
23
Q
ob in ob to give a definite thing (generic)
A
- to deliver
- to bear the expenses of having someone else comply with the ob
- pay damages in case of fraud, negligence, delay, or contravention …
24
Q
civil loss
A
when a thing disappeared in such a way that its existence is unknown or if known, cannot be recovered
25
potestative condition
a suspensive condition which depends upon the sole will of one of the parties
26
who is entitled to the fruits that accrued during the pendency of the condition once said condition is fulfilled
debtor
27
rules in case the thing to be delivered is lost with the debtor's fault
pay damages + incidental damages
28
rules in case the thing to be delivered is lost without the debtor's fault
GR: debtor is not liable
29
ob with a period
demandability or extinguishment is subjected to the expiration of the term (a day certain)
30
period
future and certain event that must happen' arrival of this may extinguish or arise an ob
31
indefinite period
not fixed, courts are empowered to fix it
32
conjuctive obligation
several prestation and all of them are due
33
limitations on the right of choice of the debtor in alternative ob
1. debtor must completely perform his ob; he cannot compel the creditor to receive one and part of another
2. he cannot choose those prestation which are
impossible
unlawful
which could not have been the object of the ob
34
divisible ob
delivery or performance is capable of partial fulfillment
35
indivisible ob
delivery or performance is not capable of partial fulfillment
36
legal indivisibility
divisible in nature but law declares indivisible
37
joint penal clause
both principal ob and penal clause can be enforced
38
payment
delivery of money and performance of ob
39
dation in payment
conveyance of ownership of a thing as an accepted equivalent of performance
40
application of payment
designation of the debt to which should be applied the payment made by a debtor who has various debts of the same kind in favor of one and same creditor
41
payment by cession
abandonment of properties then creditor shall sell it; proceeds must satisfy credits
42
consignation
depositing of the ting or amount due
43
legal impossibility
physically possible by law required it to be impossible
44
condonation or remission of debt
gratuitous abandonment of right ; donation
45
confusion/merger
meeting in one person of the qualities of creditor and debtor in respect to the same ob
46
compensation
extinguishment of concurrent amount of the debts of two persons who are debtors and creditors of each other
47
legal compensation
takes place in the operation of law even w/o the knowledge of the parties
48
facultative compensation
when it can be set up only by one of the parties
49
character loan
no security
50
novation
total or partial extinguishment of an ob to create a new one
51
remedies of the creditor if debtor fails to do his ob
a. if the debtor perform the ob or performs it but contravenes the tenor
a1. creditor may have the ob executed at the expense of the debtor
a2. he may also demand damages
b. if the debtor performs poorly
b1. creditor may have the same undone at debtor's expense
b2. creditor may also demand damages
52
can debtor be incur of liability even w/o demand from creditor
GR: no demand, no delay
53
may an action arising from fraud be waived
000000
54
may an action arising from negligence be waived?
000000
55
give cases when con. ob is valid although the condition depends solely upon the will of the debtor
0000000
56
rules in case the thing to be delivered deteriorates with the debtor's fault
1. rescission plus damages
| 2. fulfillment plus damages
57
rules in case the thing to be delivered deteriorates without the debtor's fault
impairment shall be borne by creditor
| no liab in part of debtor
58
do the debtor has the right to recover what he has paid before arrival of period
00000000000
59
does a party has the right to ask court in fixing the period?
yes
60
period is in the benefit of the creditor
he cannot be compelled to accept performance before expiration of the term; but he may choose to demand performance before the expiration
61
period is in the benefit of the debtor
he cannot be compelled to perform his ob BEFORE the expiration to the term; but he may choose to perform before the expiration
62
can debtor require creditor to accept his payment even before the period
NO
63
thing mortgaged is damaged w/o debtor's fault, can creditor demand payment before period?
00000000000000
64
what happens if you're payment to loan get robbed. is d legally justified to refuse to pay c?
00000000000000
65
what are the elements or requisites in order that a person may acquire a right of action in court against another to enforce the performance of the latter's obligation?
00000000000000
66
legal effects if some of the objects of the ob is lost through the debtor
GR: the debtor may deliver any of the remainder, or that which remains if only one subsists
*this also applies to FE
67
legal effects if all objects are lost through debtor's fault
debtor will pay the value of the last thing that was lost plus damages
68
if all objects are lost w/o debtor's fault
the ob will be extinguished
69
explain the divisibility of an ob is different from the divisibility of the thing
000000000000
70
what ob are deemed indivisible
1. ob to give definite things
2. those which are not susceptible for partial performance
3. object or service is physically divisible but indivisible by provision of law
4. object or service is physically divisible but indivisible by intention of the parties
71
what ob are deemed divisible
1. ob has for its object the execution of a certain number of days of work
2. ob has for its object the accomplishment of work by metrical units
3. analogous things which by their nature are susceptible of partial performance
72
purposes of incorporating penal clause to ob
1. to provide for liquidating damages
| 2. to strengthen the coercive force of the ob by a threat of a greater responsibility in event of breach
73
in ob with penal clause, can creditor still recover damages and interest with the penalty
000000000000000
74
in what cases may the debtor validly object to the enforcement of the stipulated property
00000000000000
75
what must be delivered when the ob consists of specific thing
1. to take good care of the thing with the diligence of a good father (unless law/agreement requires another standard of care)
2. to deliver the thing
3. to deliver the fruits
4. to deliver the accessions and accessories (even if not mentioned)
76
what must be delivered when the ob consists of generic thing
00000000000
77
when do partial performance allowed
00000000000000
78
what must debtor do to be released from his ob if the creditor refuses to accept payment w/o justifiable reason
00000000000
79
requisites of payment by cession
1. there must be two or more creditors
2. debtor is insolvent
3. debtor abandons all his properties except those which are exempt from execution
4. creditor accepts the abandonment
80
rights acquired by creditor in payment of cession
creditor has the right to sell the property and claim the proceeds
81
rights acquired by creditor in dation on payment
creditor became the owner of the properties
82
difficulty of performance
000000
83
cases when a person may be released from an ob validly entered into
000000
84
cases when loss of a specific thing will not exempt the obligor from liability even in the absence of fault or delay
00000
85
requisites in order that a condonation may be valid
000000
86
when condonation considered inofficious
000000
87
what is the rationale behind confusion or merger as a mode of extinguishing an ob
000000
88
effect of merger in debtor/creditor
000000
89
effect of merger in the guarantor
000000
90
distinctions between confusion and compensation
000000
91
similarities of compensation and payment
000000
92
may there be compensation although the thing due are not consummable
000000
93
when may compensation take place when only one of the debts is due
000000
94
mixed novation
000000
95
expromission
000000
96
mixed novation
000000
97
requisites of novation
1. there must be a previous valid ob
2. agreement between parties to modify/extinguish the ob
3. extinguishment of old ob
4. there must be validity of the new ob
98
when there is subrogation, what rights are acquired by the new creditor
000000
99
in novation, are accessory obs necessarily extinguished
000000
100
real contract
000000
101
stipulation pour atrui
000000
102
may a 3rd person acquire rights under a contract which he is a stranger or be bound
000000
103
effect of perfection of contract
000000
104
natural elements
000000
105
option contract
000000
106
mistake of law
000000
107
when is a contract voidable or annullable
000000
108
requisites that intimidation may annul consent
000000
109
may fraud be commuted by a party to a contract though there is no misinterpretation on his part
000000
110
future inheritance
000000
111
physical impossibility
000000
112
requisites of things as object of a contract
000000
113
requisites of service as object of a contract
000000
114
may a contract be entered upon future inheritance
000000
115
cause
000000
116
motive
000000
117
inadequacy of cause
000000
118
requisites of cause
000000
119
effect if cause is false
000000
120
object in a contract of sale
000000
121
cause in a contract of sale
0
122
form of contract
0
123
informal contract
0
124
if the law requires a contract to be in writing, will the cont be invalid if its not in writing
0
125
reformation
0
126
mutual mistake
0
127
what is the reason why the law in certain cases permits a written instrument to be reformed or corrected
0
128
in what way reformation of written instrument distinguished from annulment of a contract
0
129
interpretation of contract
0
130
contract of adhesion
0
131
what should be followed in the interpretation of a contract, its terms or intention of the parties
0
132
suppose a stipulation or word has several meanings, what interpretation should be given to it
0
133
state the rule of interpretation where there are various stipulations of a contract
0
134
rescissible contract
0
135
rescission
0
136
rule on the liab of the acquires in bad faith of property alienated in fraud of creditors
0
137
in what cases is rescission not allowed though the contract is a rescissible one?
0
138
voidable contract
0
139
annulment
0
140
ratification
0
141
requisites for ratification of voidable cont
0
142
rule on the right of strangers to a cont. to bring action for its annulment
0
143
under the law, what contracts are voidable or annullable
0
144
purpose of statute of frauds
0
145
void contract
0
146
inexistent contract
0
147
indivisible contract
0
148
characteristics of a void or inexistent contract
0
149
rules where the cont is unlawful and the act constitutes a crime and both parties are equally guilty
0
150
natural OB
0
151
civil ob
0
152
effect of voluntary performance in a natural ob
0
153
examples of natural ob under the law
0
154
kinds of delay
1. mora solvendi
2. mora accipiendi
3. compensatio morae
155
remedies of creditor in negative personal ob
- undo the forbidden thing plus damages
| - if cannot be undone, claim damages
156
diff between ordinary and legal delay (mora/default)
ordinary delay - failure to perform his ob on time
legal delay - failure to perform on time which failure constitutes breach of ob
157
kinds of negligence
1. contractual negligence
2. civil negligence
3. criminal negligence
158
kinds of diligence required
1. diligence agreed upon by parties
2. diligence required by law
3. diligence of a good father
159
kinds of fortuitous event
1. ordinary - could foresee
| 2. extraordinary - could not be foreseen
OBLICON
flashcards
Decks in class (2)
# Cards
