Untitled Quiz

A juridical necessity to give, do, or not do something.

Comes from the Latin word 'obligatio', meaning tying or binding.

An obligation not to do something.

A legally enforceable claim against another.

Law that creates, defines, and regulates rights.

Legal requirement of an obligation.

General governing law, including rights involved in governance.

Obligation that doesn't have any conditions or time limits.

A condition that makes specific the time or event when an obligation becomes due. It does not affect its existence, but only its enforceability.

An obligation where the object is identifiable only by its genus or class. Doesn't have a specific, unique thing.

An obligation to do something, like performing a service or paying a sum of money.

An obligation not to do something, like refraining from competing in a certain market.

An obligation based on law, like paying taxes or abiding by traffic rules.

An obligation arising from a contract or agreement between parties.

An obligation where a penalty is added to the main obligation as a consequence of non-performance.

A condition that must be fulfilled before an obligation becomes effective. Fulfillment activates the obligation.

An obligation whose demandability or extinguishment is subject to the expiration of a specific time period.

A specific interval of time that influences the demandability or extinguishment of an obligation.

When a period is designated for an obligation, it generally benefits both the debtor and the creditor.

A period generally doesn't have retroactive effects unless there's an agreement to the contrary.

The term suspends the demandability of the obligation, not the acquisition of the right itself.

If the period is solely dependent on the debtor's will, the existence of the obligation is not affected.

A valid period must be future, certain, and possible.

If the period is left exclusively to the debtor's will, the existence of the obligation itself can be affected.

The delay of a debtor in fulfilling their obligation. This can occur when the debtor is late in delivering a thing or performing a service.

The delay of a creditor in accepting delivery of the thing due or the performance of the service.

A type of Mora Solvendi where the debtor is late in delivering a specific thing.

A type of Mora Solvendi where the debtor is late in performing a specific service.

A way for a debtor to be released from their obligation by delivering the thing due to a court or other designated authority.

A situation where the delay of the debtor cancels out the delay of the creditor, and vice versa. No actionable default exists on either party.

A debtor cannot be considered in delay (Mora Solvendi) unless the creditor demands performance of the obligation, either formally or informally.

When both parties are late, the courts will determine the level of responsibility for each party's delay and equitably balance the situation.

Consequences when a party fails to fulfill an obligation on time. These consequences can include interest charges, liability for damages, and potential need to pay for replacement.

A failure to perform an obligation due to an unavoidable event (e.g. natural disaster). The debtor is not held liable for damages.

A failure to perform an obligation due to the debtor's fault (e.g., negligence, fraud, or breach of contract).

Someone else performs on behalf of the debtor, possibly at the debtor's cost, or a different or replacement item is delivered instead of the originally promised item.

A total inability to fulfill an obligation.

Offering the value of the original performance, usually a payment in lieu of the original performance.

The obligor is liable for damages when the loss or impossibility of performing the obligation is due to their bad faith or fraud.

The obligor is not liable for damages when the loss or impossibility of performing the obligation is due to their negligence.

If all options for fulfilling the obligation are lost due to a fortuitous event, the debtor is released from the obligation and is not liable for damages.

If some, but not all, options for fulfilling the obligation are lost due to a fortuitous event, the debtor must comply by choosing from the remaining options.

If only one option for fulfilling the obligation remains after a fortuitous event, the debtor must comply by delivering or performing that remaining option.

If the loss of all options for fulfilling the obligation is due to the debtor's fault, the creditor is entitled to damages based on the value of the lost thing or service.

If some, but not all, options are lost due to the debtor's fault, the debtor must fulfill the obligation by choosing from the remaining options, but is not liable for damages.

If the loss or impossibility of performing the obligation is due to the obligor's delay, negligence, or fraud after substitution, the obligor is liable.