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Questions and Answers
Who is directly and primarily liable under Article 2180?
Who is directly and primarily liable under Article 2180?
What is the standard of care required of a debtor under Article 1163?
What is the standard of care required of a debtor under Article 1163?
What right does the creditor acquire upon delivery of the thing due?
What right does the creditor acquire upon delivery of the thing due?
What is the relationship between the employee and employer when sued together?
What is the relationship between the employee and employer when sued together?
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What is the duty of the debtor under Article 1163?
What is the duty of the debtor under Article 1163?
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What type of right is a creditor's right to demand fulfillment of a prestation?
What type of right is a creditor's right to demand fulfillment of a prestation?
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When does the creditor acquire a real right over the thing due?
When does the creditor acquire a real right over the thing due?
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What is the care required of a good father of a family?
What is the care required of a good father of a family?
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What is the juridical tie that binds X and Y in the example of the delivery of the book?
What is the juridical tie that binds X and Y in the example of the delivery of the book?
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What happens to X in the example of the delivery of the book if X has already delivered the book but Y has not yet paid for it?
What happens to X in the example of the delivery of the book if X has already delivered the book but Y has not yet paid for it?
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What are the obligations that arise from law?
What are the obligations that arise from law?
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What is the characteristic of obligations arising from contracts?
What is the characteristic of obligations arising from contracts?
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What is the classification of obligations that involves a condition?
What is the classification of obligations that involves a condition?
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What is the source of obligation that arises from acts or omissions punished by law?
What is the source of obligation that arises from acts or omissions punished by law?
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What is the characteristic of obligations that are not presumed?
What is the characteristic of obligations that are not presumed?
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What is the obligation of the spouses to support each other?
What is the obligation of the spouses to support each other?
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What is the term used to describe fault or negligence when there is no prior contractual relationship between the parties?
What is the term used to describe fault or negligence when there is no prior contractual relationship between the parties?
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What is the primary factor that determines the level of diligence required in a particular situation?
What is the primary factor that determines the level of diligence required in a particular situation?
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Who is liable for damages caused by a minor child living in their company?
Who is liable for damages caused by a minor child living in their company?
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Which of the following persons is NOT liable for damages caused by their employees?
Which of the following persons is NOT liable for damages caused by their employees?
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What is the condition for employers to be liable for damages caused by their employees?
What is the condition for employers to be liable for damages caused by their employees?
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Who is liable for damages caused by a pupil or student while they are in their custody?
Who is liable for damages caused by a pupil or student while they are in their custody?
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What is the basis for determining the liability of a person in a quasi-delict?
What is the basis for determining the liability of a person in a quasi-delict?
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What is the general rule regarding the liability of persons in quasi-delicts?
What is the general rule regarding the liability of persons in quasi-delicts?
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What is the right of the creditor before the delivery of the thing in an obligation to give?
What is the right of the creditor before the delivery of the thing in an obligation to give?
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What happens to ownership after delivery in an obligation to give?
What happens to ownership after delivery in an obligation to give?
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What type of fruit is derived by virtue of a juridical relation?
What type of fruit is derived by virtue of a juridical relation?
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What is the remedy of the buyer when there is no delivery despite demand?
What is the remedy of the buyer when there is no delivery despite demand?
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What is the duty of the debtor regarding the thing due?
What is the duty of the debtor regarding the thing due?
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What is the effect of the obligor's delay in delivering the thing?
What is the effect of the obligor's delay in delivering the thing?
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What is a determinate thing in an obligation to give?
What is a determinate thing in an obligation to give?
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What is the right of the creditor when what is to be delivered is a generic or indeterminate thing?
What is the right of the creditor when what is to be delivered is a generic or indeterminate thing?
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What is the obligation of the debtor if they fail to comply with the obligation?
What is the obligation of the debtor if they fail to comply with the obligation?
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What is an accession in the context of obligations?
What is an accession in the context of obligations?
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When does the obligation to deliver the thing and the fruits arise?
When does the obligation to deliver the thing and the fruits arise?
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What can the creditor do if the debtor fails to comply with the obligation?
What can the creditor do if the debtor fails to comply with the obligation?
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What is an accessory in the context of obligations?
What is an accessory in the context of obligations?
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What happens if the debtor performs the obligation in a poor manner?
What happens if the debtor performs the obligation in a poor manner?
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What happens if the debtor performs the obligation in contravention of the terms agreed upon?
What happens if the debtor performs the obligation in contravention of the terms agreed upon?
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What is the remedy if the creditor finds that the obligation was not performed at all?
What is the remedy if the creditor finds that the obligation was not performed at all?
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Study Notes
Classification of Obligations
- Pure and Conditional Obligations
- Obligations with a Period
- Alternative and Facultative Obligations
- Joint and Solidary Obligations
- Divisible and Indivisible Obligations
- Obligations with a Penal Clause
Sources of Obligations
- Law
- Contracts
- Quasi-Contracts
- Acts or Omissions punished by Law
- Quasi-Delicts
Law as a Source of Obligations
- Obligations derived from law are not presumed
- Only those expressly determined in the Code or special laws are demandable
- Regulated by the precepts of the law which establishes them
Contracts as a Source of Obligations
- Obligations arising from contracts have the force of law between the contracting parties
- Must be complied with in good faith
- Governed primarily by the agreement of the contracting parties
Quasi-Contracts as a Source of Obligations
- Arise from acts or omissions that cause damage to another
- Governed by the provisions of the Chapter on Quasi-Delicts
- Fault and negligence consist in the omission of that diligence required by the nature of the obligation and corresponds with the circumstances of the person, time, and place
Persons Liable in Quasi-Delicts
- Father and, in case of his death or incapacity, the mother, with respect to damages caused by the minor children
- Guardians, with respect to damages caused by the minors or incapacitated persons
- Owners and managers of an establishment or enterprise, with respect to damages caused by their employees
- Employers, with respect to damages caused by their employees and household helpers
- The State, when it acts through a special agent
- Teachers or heads of establishments of arts and trades, with respect to damages caused by their pupils and students or apprentices
Obligation to Give
- Debtor must take care of the thing due with the proper diligence of a good father of a family
- Creditor has a right to the fruits of the thing from the time the obligation to deliver it arises
- Creditor acquires no real right over the thing until it has been delivered to him
- Debtor must deliver the fruits of the thing
- Debtor must deliver the accession and accessories even if not mentioned
Obligation to Do or Not to Do
- If a person obliged to do something fails to do it, the same shall be executed at his cost
- If performance was contrary to the terms agreed upon, the creditor may have the obligation performed or executed at the expense of the obligor
- If performance was in a poor manner, the creditor may ask that what has been poorly done be undone
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Description
This quiz covers the different types of obligations in contract law, including pure and conditional obligations, obligations with a period, alternative and facultative obligations, joint and solidary obligations, and divisible and indivisible obligations.
