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What defines an obligation in legal terms?
What defines an obligation in legal terms?
According to the content, what is a right in legal context?
According to the content, what is a right in legal context?
What does the term 'obligatio' mean in its original Latin?
What does the term 'obligatio' mean in its original Latin?
Which classification of obligations refers to conditions affecting performance?
Which classification of obligations refers to conditions affecting performance?
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Which of the following best describes 'negative personal obligation'?
Which of the following best describes 'negative personal obligation'?
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What role does equity and justice play in the context of law as stated in the content?
What role does equity and justice play in the context of law as stated in the content?
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What distinguishes substantive law from other forms of law mentioned?
What distinguishes substantive law from other forms of law mentioned?
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What is the significance of the statement regarding using a window instead of a door?
What is the significance of the statement regarding using a window instead of a door?
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Which type of obligation arises without a dependency on future or uncertain events?
Which type of obligation arises without a dependency on future or uncertain events?
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What triggers a resolutory condition in an obligation?
What triggers a resolutory condition in an obligation?
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In a potestative condition, to whom does the fulfillment depend?
In a potestative condition, to whom does the fulfillment depend?
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Which type of condition includes elements of chance and the will of others?
Which type of condition includes elements of chance and the will of others?
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What does a negative obligation require from the debtor?
What does a negative obligation require from the debtor?
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Which of the following classifications involves a condition that is capable of realization?
Which of the following classifications involves a condition that is capable of realization?
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What distinguishes civil obligations from natural obligations?
What distinguishes civil obligations from natural obligations?
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Which obligation is deemed to have a period based on the debtor's financial capability?
Which obligation is deemed to have a period based on the debtor's financial capability?
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What is the primary effect of mora solvendi on the debtor's obligations?
What is the primary effect of mora solvendi on the debtor's obligations?
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What happens in the case of involuntary breach of obligation?
What happens in the case of involuntary breach of obligation?
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In a default situation, which of the following is NOT a type of breach of obligation?
In a default situation, which of the following is NOT a type of breach of obligation?
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When might the courts decide to mitigate damages?
When might the courts decide to mitigate damages?
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In the case of mora accipiendi, who bears the risk of loss?
In the case of mora accipiendi, who bears the risk of loss?
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What can be stated about generic things in terms of default?
What can be stated about generic things in terms of default?
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Which of the following accurately describes 'mora' in obligations?
Which of the following accurately describes 'mora' in obligations?
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Which condition does NOT apply to debtor liability in the case of a default?
Which condition does NOT apply to debtor liability in the case of a default?
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What primarily influences the demandability of obligations with a period?
What primarily influences the demandability of obligations with a period?
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Which of the following must be true for a period or term to be valid?
Which of the following must be true for a period or term to be valid?
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In what situation does a period have retroactive effects?
In what situation does a period have retroactive effects?
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What happens to an obligation if the term is left exclusively to the will of the debtor?
What happens to an obligation if the term is left exclusively to the will of the debtor?
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What is a general rule about obligations with a period?
What is a general rule about obligations with a period?
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Which option describes a characteristic of a valid period?
Which option describes a characteristic of a valid period?
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What occurs to an obligation if it is rendered impossible before the term is fulfilled?
What occurs to an obligation if it is rendered impossible before the term is fulfilled?
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What is implied if an obligation has a term but the debtor's will decides its execution?
What is implied if an obligation has a term but the debtor's will decides its execution?
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What is the condition under which a debtor may release themselves from an obligation?
What is the condition under which a debtor may release themselves from an obligation?
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What does Mora Solvendi represent?
What does Mora Solvendi represent?
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In which situation is there no Mora Solvendi?
In which situation is there no Mora Solvendi?
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What happens if it's unclear which party is guilty of delay?
What happens if it's unclear which party is guilty of delay?
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What is a necessary condition that creates Mora Accipiendi?
What is a necessary condition that creates Mora Accipiendi?
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What is generally true about the debtor's offer of performance?
What is generally true about the debtor's offer of performance?
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Which of the following describes the principle of compensatio morae?
Which of the following describes the principle of compensatio morae?
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What defines a negative obligation?
What defines a negative obligation?
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Under what condition is the obligor liable for damages?
Under what condition is the obligor liable for damages?
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What happens if all items are lost due to a fortuitous event?
What happens if all items are lost due to a fortuitous event?
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In the case where some items are lost and the debtor chooses from the remainder, what is the outcome?
In the case where some items are lost and the debtor chooses from the remainder, what is the outcome?
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What occurs if the loss of items is due to the debtor's fault?
What occurs if the loss of items is due to the debtor's fault?
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What does substitution of obligation change in terms of liability?
What does substitution of obligation change in terms of liability?
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If the loss or impossibility is a result of the obligor's delay or negligence, what is the obligor's status?
If the loss or impossibility is a result of the obligor's delay or negligence, what is the obligor's status?
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In a joint obligation, what is the characteristic regarding creditors and debtors?
In a joint obligation, what is the characteristic regarding creditors and debtors?
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What must the creditor not be compelled to receive in substitution?
What must the creditor not be compelled to receive in substitution?
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Study Notes
Law and Business Law
- Law is an ordinance of reason, made for the common good by a legitimate authority.
- Law is a set of rules of conduct, just and obligatory.
- It's created for common observance and benefit.
Sources of Law
- Constitution: The fundamental law, all other laws must comply with it.
- Administrative/Executive Orders, Regulations, and Rulings: Policies and procedures set by the government.
- Judicial Decisions (Jurisprudence): Interpretations of laws by courts, not laws themselves.
- Custom: Habits and practices accepted as binding rules of conduct.
- Other Sources: Principles of justice, equity, foreign decisions, and learned opinions.
Classifications of Human Law
-
General/Public Law: Rules governing the state's relationship with its citizens.
- International Law: Governs relations between nations.
- Constitutional Law: Governs the state's relations with its citizens.
- Administrative Law: Organizes authorities, outlining procedures and remedies.
- Political Law: Organizes and operates the government, defining relations with citizens.
- Criminal Law: Guarantees law obedience, covering crimes and punishments.
-
Individual/Private Law: Rules governing private relations.
- Civil Law: Regulates family matters and property.
- Commercial Law: Deals with rights and relations in business and trade.
- Procedural Law: Outlines methods for enforcing rights and disputes.
Definition of Obligation
- An obligation is a judicial necessity to give, do, or not do.
- It's a legal tie (vinculum) obligating a party to another.
- It has an active subject (creditor), a passive subject (debtor), a prestation (object), and a cause (juridical tie).
Elements of an Obligation
- Active Subject (Obligee/Creditor): Party entitled to demand fulfillment.
- Passive Subject (Obligor/Debtor): Party bound to fulfill the obligation.
- Object/Prestation: The conduct or service expected from the debtor.
- Juridical Tie (Efficient Cause): Connection between parties.
Different Kinds of Prestations
- Real Obligation: Obligation to deliver a specific thing.
-
Personal Obligation: Obligation to do or not do.
- Positive: Obligation to do something.
- Negative: Obligation not to do something.
Kinds of Obligations
- Civil: Gives a right of action for enforcement.
- Natural: Not enforceable by court, but payment is kept.
- Moral: Not legally enforceable, based on conscience.
Civil and Natural Obligations
- Civil: Enforceable obligations.
- Natural: Based on equity and natural law, not enforceable by court.
Extra-Contractual Obligations/Quasi-Contracts
- Stem from voluntary management (negotiorum gestio) of another's property/ affairs or from improper receipt of undue money (solutio indebiti)/
- These actions have legal force.
Extra-Contractual Obligations/Quasi-Delicts
- Obligations that arise from carelessness, negligence, or omissions that generate harm to another.
- These can be imposed on any person without prior contractual agreements.
Obligations to Give
- The obligor must usually exercise reasonable care and due diligence.
Obligations to Do
- If a party fails to perform their obligation, the court can force its completion or undo any ineffective fulfillment.
- It's the obligor's responsibility to ensure proper execution.
Breach of Contract
- Involuntary: Due to uncontrollable events.
- Voluntary: Due to default, fraud, negligence, or violation of contract terms.
- Consequences of default usually include paying damages.
Reciprocal Obligations
- Obligations dependent upon each other.
- Performance must be simultaneous unless stipulations indicate otherwise.
Fraud and Negligence in Contracts
- Fraud (DOLO): Intentional deception/misrepresentation, leading to damages to the other party.
- Negligence (CULPA): Breach caused by carelessness resulting in harm.
Kinds of Fraud
- Causal Fraud (Dolo Causante): Decisive in inducing consent, vitiates consent.
- Incidental Fraud (Dolo Incidente): Incidental to performance, leading to damages.
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