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Questions and Answers
Under the Civil Code, what distinguishes an obligation from a mere moral duty?
Under the Civil Code, what distinguishes an obligation from a mere moral duty?
- An obligation requires monetary compensation, while a moral duty requires a service.
- An obligation carries juridical necessity, making it legally enforceable, whereas a moral duty relies on conscience or ethics. (correct)
- An obligation involves a personal commitment, while a moral duty involves a business agreement.
- An obligation is based on tradition, while a moral duty is based on contract.
Which scenario exemplifies a 'negative personal obligation'?
Which scenario exemplifies a 'negative personal obligation'?
- Delivering a specific item as agreed upon in a sales contract.
- Refraining from building a fence that obstructs a neighbor's view, as stipulated in their agreement. (correct)
- Paying a monthly rental fee for the use of a property.
- Constructing a building according to the agreed architectural plan.
What is the critical distinction between 'damage' and 'damages' in the context of obligations and legal liabilities?
What is the critical distinction between 'damage' and 'damages' in the context of obligations and legal liabilities?
- 'Damage' is related to criminal cases, while 'damages' is related to civil cases.
- 'Damage' refers to the monetary compensation awarded, while 'damages' refers to the harm suffered.
- 'Damage' applies only to physical harm, while 'damages' applies only to emotional distress.
- 'Damage' is the actual harm suffered or loss incurred, while 'damages' is the compensation claimed or awarded to redress that harm. (correct)
In what way does a 'solidary obligation' differ from a 'joint obligation'?
In what way does a 'solidary obligation' differ from a 'joint obligation'?
Which situation does not satisfy the requirements for a cause of action?
Which situation does not satisfy the requirements for a cause of action?
What is the significance of 'juridical necessity' in the context of obligations under the Civil Code?
What is the significance of 'juridical necessity' in the context of obligations under the Civil Code?
In the framework of obligations, what role does the 'passive subject' play?
In the framework of obligations, what role does the 'passive subject' play?
Which of the following best illustrates an 'alternative obligation'?
Which of the following best illustrates an 'alternative obligation'?
In the context of a written contract, what must a creditor demonstrate to establish a cause of action based on breach of that contract?
In the context of a written contract, what must a creditor demonstrate to establish a cause of action based on breach of that contract?
Which situation illustrates damage existing without injury?
Which situation illustrates damage existing without injury?
Flashcards
Obligation
Obligation
A legal duty where a debtor must perform an act (giving, doing, or not doing) for a creditor. Non-compliance can lead to legal action.
Juridical Necessity
Juridical Necessity
The legally enforceable nature of an obligation. Allows a creditor to seek legal remedies if the debtor defaults.
Active Subject (Creditor/Obligee)
Active Subject (Creditor/Obligee)
The person who can demand the fulfillment of an obligation.
Passive Subject (Debtor/Obligor)
Passive Subject (Debtor/Obligor)
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Prestation (Object of Obligation)
Prestation (Object of Obligation)
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Right
Right
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Wrong (Cause of Action)
Wrong (Cause of Action)
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Injury
Injury
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Damage
Damage
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Damages
Damages
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Study Notes
- Legal obligation necessitates the debtor to perform an act for the creditor's benefit, enforceable by law.
Juridical Necessity
- Juridical necessity defines an obligation as legally enforceable.
- Creditors can seek legal remedies if debtors don't fulfill their obligations.
Nature of Obligations
- Obligations are classified as:
- Personal or real, depending on whether they involve persons or things
- Positive (to give or to do) or negative (not to do)
- Civil (enforceable by law) or natural (based on moral duty)
Essential Requisites
- An obligation requires:
- An active subject (creditor/obligee) who demands fulfillment
- A passive subject (debtor/obligor) who must perform
- A prestation, which is the act or thing to be given, done or not done
Forms of Obligations
- Obligations include:
- Pure and conditional obligations that have immediate effect, or depend on a future event
- Joint and solidary obligations that are shared by multiple parties, or require full compliance from each debtor
- Alternative and facultative obligations that have a choice of performance, or prestation substitution
Distinguishing Obligation, Right, and Wrong
- Obligation: A legal duty to act or not act.
- Right: The legal power to demand performance.
- Wrong (Cause of Action): A violation of a right leading to legal liability.
Existence of Cause of Action
- A cause of action is valid when:
- A legal right is established.
- A violation or breach occurs.
- Injury or damage results.
Cause of Action from Written Contract
- Obligations from a written contract require proof of:
- The contract's validity
- The debtor’s non-compliance
- The damage suffered
Injury, Damage, and Damages
- Injury is described as the legal violation of a right.
- Damage refers to the harm suffered.
- Damages represent monetary compensation.
Existence of One Without the Other
- Injury without damage can occur, like a contract breach without financial loss.
- Damage without legal injury can occur, like losses from natural disasters.
Kinds of Obligations by Subject Matter
- Real obligation involves delivering a thing.
- Personal obligation involves:
- A positive action (to do something).
- A negative action (not to do something).
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