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What is a key characteristic of bilateral obligations?
What is a key characteristic of bilateral obligations?
Which of the following is an example of a prestation to do?
Which of the following is an example of a prestation to do?
In the obligation to pay taxes, who is considered the passive subject?
In the obligation to pay taxes, who is considered the passive subject?
What does the juridical tie in an obligation refer to?
What does the juridical tie in an obligation refer to?
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If A is bound to build a house for B, which of the following is true after the house is completed?
If A is bound to build a house for B, which of the following is true after the house is completed?
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What is included in the prestation 'not to do'?
What is included in the prestation 'not to do'?
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In a contract of labor, which of the following best describes the prestation?
In a contract of labor, which of the following best describes the prestation?
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Which statement about the object or prestation in an obligation is correct?
Which statement about the object or prestation in an obligation is correct?
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What defines a unilateral obligation?
What defines a unilateral obligation?
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Which of the following is NOT a source of obligation?
Which of the following is NOT a source of obligation?
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What characterizes a bilateral obligation?
What characterizes a bilateral obligation?
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In the context of obligations, what is a quasi-contract?
In the context of obligations, what is a quasi-contract?
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What is an example of an obligation arising from a crime?
What is an example of an obligation arising from a crime?
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Which type of obligation is characterized by dependencies between the performances of both parties?
Which type of obligation is characterized by dependencies between the performances of both parties?
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What type of obligation is established when damages are caused without a contractual relationship existing between the parties?
What type of obligation is established when damages are caused without a contractual relationship existing between the parties?
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Which of the following exemplifies a non-reciprocal obligation?
Which of the following exemplifies a non-reciprocal obligation?
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Which sources are recognized for deriving obligations according to the content?
Which sources are recognized for deriving obligations according to the content?
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What does Article 1158 imply about legal obligations?
What does Article 1158 imply about legal obligations?
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What is the role of contracts as stated in Article 1159?
What is the role of contracts as stated in Article 1159?
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Why cannot the National Government pay interest on overpaid taxes?
Why cannot the National Government pay interest on overpaid taxes?
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How does the obligation regarding legal assistance for employees typically function?
How does the obligation regarding legal assistance for employees typically function?
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What is a primary condition for an obligation to be considered 'demandable'?
What is a primary condition for an obligation to be considered 'demandable'?
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What does the term 'quasi-contract' refer to in legal obligations?
What does the term 'quasi-contract' refer to in legal obligations?
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In the context of the high school principal's responsibilities, what can be inferred about legal obligations?
In the context of the high school principal's responsibilities, what can be inferred about legal obligations?
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What is one essential requirement for establishing a quasi-delict?
What is one essential requirement for establishing a quasi-delict?
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Which of the following best describes the difference between crime and quasi-delict?
Which of the following best describes the difference between crime and quasi-delict?
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What characterizes the test for determining negligence?
What characterizes the test for determining negligence?
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In quasi-delict, what is required in terms of liability?
In quasi-delict, what is required in terms of liability?
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Which phrase best captures the essence of fault or negligence in the context of quasi-delict?
Which phrase best captures the essence of fault or negligence in the context of quasi-delict?
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Which element is NOT a requisite of quasi-delict?
Which element is NOT a requisite of quasi-delict?
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What standard of proof is required for establishing fault or negligence in quasi-delict?
What standard of proof is required for establishing fault or negligence in quasi-delict?
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Which statement best reflects the responsibilities imposed by obligations in the context of quasi-delict?
Which statement best reflects the responsibilities imposed by obligations in the context of quasi-delict?
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What must be established for an obligation to be considered in mora solvendi?
What must be established for an obligation to be considered in mora solvendi?
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Which of the following represents a scenario of mora accipiendi?
Which of the following represents a scenario of mora accipiendi?
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In a reciprocal obligation, when must the creditor typically demand performance to put the seller in default?
In a reciprocal obligation, when must the creditor typically demand performance to put the seller in default?
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What distinguishes mora solvendi ex re from other types of mora?
What distinguishes mora solvendi ex re from other types of mora?
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Under which condition does compensatio morae occur?
Under which condition does compensatio morae occur?
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What is typically required for the creditor to provide proof of demand?
What is typically required for the creditor to provide proof of demand?
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When can a debtor be considered at fault for loss arising ex delicto?
When can a debtor be considered at fault for loss arising ex delicto?
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What is required for simultaneous performance in reciprocal obligations?
What is required for simultaneous performance in reciprocal obligations?
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Study Notes
Obligations Overview
- Bilateral obligations involve reciprocal roles of debtors and creditors.
- A juridical tie, or efficient cause, connects parties to the obligation.
- Identifying the prestation is crucial for determining the passive and active subjects.
Kinds of Prestation
- To give: Delivery of a movable or immovable thing, creating real rights or simple possession.
- To do: Involves performing services or work, whether mental or physical.
- Not to do: Entails abstaining from certain acts, including “not to give.”
Examples of Prestation
- Contract of sale and loan illustrate prestations to give.
- A contract of labor exemplifies a prestation to do.
- In tax obligations:
- Passive subject: taxpayer
- Active subject: government
- Prestation: paying taxes
- In product delivery:
- Passive subject: seller
- Active subject: buyer
- Prestation: delivering products.
Nature of Obligations
- Unilateral obligations: Only one party is bound, e.g., a loan repayment.
- Bilateral obligations: Both parties are obligated, e.g., in a sales contract.
Sources of Obligation
- Derived from five key sources outlined in Article 1157:
- Law
- Contracts
- Quasi-contracts
- Crimes or acts punishable by law
- Quasi-delicts.
Detailed Sources of Obligation
- Law: Obligations imposed by legal requirements (e.g., taxes).
- Contracts: Obligations arise from agreements or stipulations (e.g., loan repayment).
- Quasi-contracts: Created to prevent unjust enrichment through lawful, unilateral acts (e.g., money paid by mistake).
- Criminal acts: Civil liability follows criminal offenses (e.g., theft).
- Quasi-delicts: Damage caused through negligence without contractual relations (e.g., property damage).
Legal Obligations
- Not presumed and must be expressly outlined; they are obligations that act as a burden on the obligor.
Moras (Defaults)
-
Mora solvendi: Default by the debtor, which can be:
- Ex re: Default in real obligations.
- Ex persona: Default in personal obligations.
- Mora accipiendi: Creditor's default in accepting performance.
- Compensatio morae: Both parties in default in reciprocal obligations.
Requisites for Mora Solvendi
- The obligation must be due, enforceable, and determined.
- Non-performance must be established.
- A demand must be made unless otherwise specified.
Reciprocal Obligations
- Both parties depend on each other’s commitments for performance.
- Performance may occur on different dates or simultaneously depending on the contractual stipulation.
Determining Negligence
- Test for negligence focuses on whether a prudent person would foresee potential harm from their actions.
Distinction Between Crime and Quasi-Delict
- Malicious intent is present in crime, whereas quasi-delict involves only negligence.
- Crime aims at punishment; quasi-delict focuses on indemnification.
- Crime affects public interest, while quasi-delict concerns private interests.
Legal Obligations Implications
- Employers typically have no obligations to provide legal assistance unless expressly required.
- Overpayment of taxes doesn't guarantee interest refunds without legal provisions.
Quasi-Delict Requisites
- Requires an act or omission, fault or negligence, damage caused, and no pre-existing contractual relationship.
These notes summarize key concepts related to obligations, their sources, types, and implications, crucial for understanding the framework governing legal duties and relationships.
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Description
Test your understanding of bilateral obligations and the legal ties that connect parties in a contractual arrangement. This quiz covers topics such as debtors, creditors, and the identification of prestations within obligations. Enhance your knowledge of legal concepts and their implications in practice.