TOPIC 6 ( OBLIGATIONS)

Question 1

Civil Code of the Philippines (R.A. 386) was enacted on

Answer 1

June 18, 1949

Question 2

an obligation that has no legal basis and hence does not give a right of action to enforce its performance. It is based on equity, morality, and natural law, and should be voluntary.

Answer 2

Natural Obligation

Question 2

a juridical necessity to give, to do or not to do (Article 1156, Civil Code)

Answer 2

Civil Obligation

Question 3

• the actors involved in an obligation

Answer 3

Parties

Question 4

one who demands the fulfillment of an obligation

Answer 4

active subject (creditor/obligee)

Question 5

one who has the duty to fulfill an obligation

Answer 5

passive subject (debtor/obligor)

Question 6

• the conduct to be performed by the passive subject for the active subject

Answer 6

Prestation

Question 7

• the relation that binds the parties to an obligation

Answer 7

Juridical Tie (efficient cause)

Question 8

• when there is a meeting of the minds between the parties, the obligation have the force of law and should be complied with in good faith

Answer 8

Contract

Question 9

• when there is an enforcement of law itself, the obligation cannot be presumed and should be expressly or clearly provided for in the law in order to be demandable

Answer 9

Law

Question 10

• when there is no meeting of the minds between parties, but one party benefited at the expense of the other party, there is an obligation to pay for compensation so that no one shall be unjustly enriched or benefited at the expense of another

Answer 10

Quasi-Contract

Question 11

• if one voluntarily takes charge of the agency or management of another person’s property on his behalf without his consent or authority

Answer 11

Negotiorum gestio

Question 11

• if one received something that does not rightfully and legally belong to him

Answer 11

Solutio indebiti

Question 12

• when there is fault or negligence that causes damage on another, there being no prior meeting of the minds between the parties, there is an obligation to pay for the damage done

Answer 12

Quasi-Delict

Question 13

• when there is a civil liability resulting from criminal offense, should be governed by the penal laws

Answer 13

Delict

Question 14

– demandable at once, without any condition or period.

Answer 14

Pure Obligation

Question 15

– each debtor is responsible only for their portion of the obligation.

Answer 15

Joint Obligation

Question 15

– allows the debtor to choose between several prestations.

Answer 15

Alternative Obligation

Question 15

– involves one main prestation with the option to substitute it.

Answer 15

Facultative Obligation

Question 15

– bound by a definite time frame.

Answer 15

Obligations with a Period

Question 16

– depends on a future or uncertain event.

Answer 16

Conditional Obligation

Question 17

– arise from agreements between parties

Answer 17

Conventional Obligation

Question 18

– arise directly from law.

Answer 18

Legal Obligations

Question 19

– performance must be completed as a whole.

Answer 19

Indivisible Obligation

Question 20

– can be performed in parts.

Answer 20

Divisible Obligation

Question 21

– all debtors are liable for the entire obligation.

Answer 21

Solidary Obligation

Question 22

– include a penalty or accessory undertaking to assume greater liability in case of non-performance or breach.

Answer 22

Obligations with a Penal Clause

Question 23

– the characters of creditor and debtor are merged in the same person.

Answer 23

Confusion or Merger

Question 23

– the delivery of a thing, or the doing of an act or not doing of an act for the fulfillment of an obligation.

Answer 23

Payment or Performance

Question 24

– the determinate thing is lost or destroyed without the fault of the debtor, and before he has incurred in delay.

Answer 24

Loss of the Thing Due

Question 25

– the gratuitous renunciation by the creditor of his right against the debtor with the latter's acceptance.

Answer 25

Condonation or Remission of the Debt

Question 26

– the simultaneous balancing of two obligations wherein two persons are reciprocally debtors and creditors of each other.

Answer 26

Compensation

Question 27

– the creation of a new and different obligation through the total or partial modification of an old obligation that it substituted.

Answer 27

Novation

Question 28

– the invalidation of a voidable contract by a court action on the grounds of incapacity to give consent, mistake, violence, intimidation, undue influence, or fraud.

Answer 28

Annulment

Question 29

– the revocation, cancellation, or repeal of a contract and the return of the parties to the positions they would have had if the contract had not been made.

Answer 29

Rescission

Question 30

– the happening of a condition which extinguishes an existing obligation.

Answer 30

Fulfillment of Resolutory Condition

Question 30

– only in cases where the obligation is purely personal (intuitu personae).

Answer 30

Death of a Party

Question 30

– occurs when the prestation becomes physically or legally impossible without the debtor's fault.

Answer 30

Impossibility of Fulfillment of the Obligation

Question 31

– the expiration of a set timeframe that brings an obligation to an end.

Answer 31

Arrival of Resolutory Period

Question 31

– an event which could not be foreseen, or which though foreseen, was inevitable, rendering performance impossible.

Answer 31

Happening of a Fortuitous Event

Question 32

– the loss of certain rights or the extinguishment of an obligation upon the lapse of time.

Answer 32

Prescription

Question 33

– the voluntary agreement of both parties to cancel the contract and release each other from their respective obligations.

Answer 33

Mutual Desistance or Withdrawal

Question 34

– a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced.

Answer 34

Compromise