Law on Obligations and Contracts Review

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Questions and Answers

What is the legal term for when a thing goes out of commerce?

Physical Loss

Legal Loss (correct)

Civil Loss

Natural Loss

In passive solidarity, on whose part is the solidarity?

Both of the parties

None of them

Creditors

Debtors (correct)

Statement I: An obligation is the duty of a person to satisfy a specific demandable claim of another person. Statement II: A contract is always needed to create an obligation.

Both statements are true

Statement II is false (correct)

Statement I is false

Both statements are false

Which of the following is NOT an effect of an acquittal in a criminal case?

None of the above Signup and view all the answers

Statement I: A personal obligation involves the obligation to give, while a real obligation involves the obligation to do or not to do. Statement II: `Mora solvendi ex persona` is the default in personal obligations while `mora solvendi ex re` is the default in real obligations.

Statement I is false Signup and view all the answers

What legal term describes the resolution or cancellation of a contract?

Rescission Signup and view all the answers

Which term defines the delay on the part of the creditor to accept the performance of the obligation?

Mora Accipiendi Signup and view all the answers

An obligation where the debtor is bound to perform all of the several prestations in the contract to extinguish the obligation is called what?

Conjunctive/Compound Obligation Signup and view all the answers

Which of the following is NOT considered a characteristic of a fraudulent misrepresentation?

It is a mere expression of opinion by a non-expert. Signup and view all the answers

By what means of perfection are real contracts completed?

By delivery of the object Signup and view all the answers

An 'antichresis' contract is categorized under which type of contract according to its perfection?

Real Contracts Signup and view all the answers

Which of the following scenarios results in a valid contract?

A contract where the intention of the parties regarding the principal object can be ascertained. Signup and view all the answers

What is the primary characteristic of an unenforceable contract?

It has no effect unless ratified. Signup and view all the answers

Which of the following best exemplifies an aleatory contract?

An insurance policy against unexpected damages. Signup and view all the answers

What is the correct term for a creditor's action to rescind a contract made by a debtor to defraud them?

Accion Pauliana Signup and view all the answers

In contract law, what does the term 'lesion' primarily refer to?

The damage or injury suffered by a party seeking rescission. Signup and view all the answers

Which of the following is NOT considered a requisite of a valid obligation?

Legal party Signup and view all the answers

In a unilateral conditional obligation, who is entitled to the fruits before the fulfillment of a suspensive condition, if the contract does not specify otherwise?

The fruits belong to the creditor. Signup and view all the answers

A condition that depends on chance or the will of a third person is known as a:

Casual condition Signup and view all the answers

Which of these is NOT a type of contract based on cause?

Attrition Signup and view all the answers

How can a voidable contract be typically rectified?

Through ratification by the party whose consent was vitiated. Signup and view all the answers

In Maria's act of lending her car to Jose without compensation, what is the primary 'cause' of the contract?

Maria's generosity and her willingness to lend the car. Signup and view all the answers

Which of the following contracts is NOT considered inexistent and void from the beginning?

Contracts whose cause or object exists at the time of the transaction Signup and view all the answers

Which of the following pairs represents the two fundamental types of quasi-contracts?

Negotiorum gestio and solutio indebiti. Signup and view all the answers

According to the statements, which option correctly defines the obligations of a person who has lost a thing through their fault and the repercussions of non-compliance of restitution?

Both statements are true Signup and view all the answers

What distinguishes a quasi-delict from a contract-based liability?

A quasi-delict arises from damage due to fault or negligence without a pre-existing contractual relationship. Signup and view all the answers

According to the provided statements, how long is the prescriptive period to annul a voidable contract?

Statement II is false Signup and view all the answers

What is the term used to describe a contract that can be invalidated through proper court procedures?

Voidable contract Signup and view all the answers

What does criminal liability typically encompass in the context of damages?

Restitution, reparation, and indemnification for consequential damages. Signup and view all the answers

When does undue influence occur in contractual settings?

When a party takes improper advantage of their power over another's will. Signup and view all the answers

If a person is obligated to return an item but cannot due to their fault, what additional obligations do they have?

Return the value of the item with interest from the date of his fault, and the fruits received from the item. Signup and view all the answers

What principle applies when one party fails to return what is due because of an annulment?

The other party may not be compelled to comply. Signup and view all the answers

What characterizes an obligation containing a resolutory condition?

It is immediately demandable, without affecting the event's potential impact. Signup and view all the answers

What determines the indivisibility of a thing in the context of obligations?

Its susceptibility to partial performance without disproportionately impairing its value. Signup and view all the answers

How do compensation and payment differ in the context of obligation extinguishment?

Payment always requires complete performance, while compensation may result in partial extinguishment. Signup and view all the answers

According to the provided material, what distinguishes a generic thing?

It is designated only by its class or category. Signup and view all the answers

Which statement correctly describes the legal treatment of fraud in obligations?

Fraud cannot be mitigated under any circumstance. Signup and view all the answers

Under what circumstance does confusion occur in the context of obligations?

When the roles of creditor and debtor are unified into a single person. Signup and view all the answers

What classifies an obligation as a conjunctive obligation?

The debtor must perform multiple prestations to fulfil the obligation. Signup and view all the answers

What is the essence of compensation as a mode of extinguishing obligations?

It is the reciprocal extinguishment of two debts, to the extent that they are equal. Signup and view all the answers

What is the key difference between active and passive solidarity?

Passive solidarity is among debtors. Signup and view all the answers

What does 'mora accipiendi' refer to within the context of contractual obligations?

The delay on the creditor's end to accept performance. Signup and view all the answers

According to Article 1305, what constitutes a contract?

A meeting of minds where one party binds themselves to the other for something or service. Signup and view all the answers

Under what circumstance will a debtor be released from responsibility even if the creditor refuses to accept the payment?

If the debtor consigns the thing or sum due. Signup and view all the answers

Which of the following lists the three classes of elements of a contract?

Essential, natural, accidental Signup and view all the answers

In what context might a condition be based on a past event?

If the past event is unknown to the parties involved. Signup and view all the answers

What is considered a 'legal loss' of a thing in the context of obligations?

If the item goes out of the commerce of men Signup and view all the answers

According to the provided content, which statement accurately defines a real obligation?

The obligation to give something. Signup and view all the answers

Study Notes

CAF Review - Law on Obligations and Contracts

Final Departmental Examination
Obligations and Contracts Review Guide

Valid Obligation Requisites

Active Subject
Passive Subject
Prestation
Legal Party

Condition Types

Casual: Depends on chance
Mixed: Depends on chance and the will of a party
Potestative: Depends on the will of a party
Impossible: Cannot be fulfilled

Condition Definition

Future event, certain to happen
Past event, known to both parties

Article 1232 Definition

Performance of an obligation, including money delivery

Contract Definition

Meeting of minds between two parties for a service or something

Thing Definition (Obligations to Give)

Specific: Designated by its class
Generic: Designated only by its class

Quasi-Contracts

Solutio indebiti* and negotiorum gestio fall under this category

Liability for Damages (Dolo Incidente)

The obligee is liable for damages

Extinguishing Obligations (Period Arrival)

Obligation is extinguished when the period arrives

Incorrect Obligations Statements

Statement A: Payments made for another are recoverable, unless they are not beneficial
Statement B: Payments made for another individual do not automatically subrogate the payer to the creditor's rights
Statement C: If the debtor refuses to accept payment, the creditor is released by consigning the payment
Statement D: None of the above

Definitions (Things Out of Commerce)

Physical Loss: Physical destruction
Legal Loss: Loss that's now considered outside of business
Civil Loss: Loss under jurisdiction
Natural Loss: Loss due to natural elements

Solidarity Parts

Passive: Solidarity is on the part of the debtors
Active: Solidarity is on the part of the creditors
Both are part of the parties

Obligation Classifications

Real: Obligation to give
Personal: Obligation to do or not do
Mora Solvendi: Debtor's default in paying
Mora Accipiendi: Creditor's default in accepting payment

Obligation Classifications based on performance

Divisible: An obligation that can potentially be fulfilled in parts (partially performed).
Indivisible: Obligations that cannot be performed partially because fulfilling it in part violates the contract or intention.
Fraud: Deliberate intent to cause harm

Types of Obligations Based on Cause

Onerous
Aleatory
Lucrative
Remuneratory

Definition of Damage (Rescission)

Lesion is a damage that a party asks for in regards to a rescission

Resolution of Contract

Recission: Resolution of a contract
Usury: Charging excessive interest rate
Reciprocal: Obligations of both parties in the contract
Remedies: Legal actions that rectify situations

Quasi-Delicts

Actions causing harm despite no contractual relations
Negotiorum gestio*, undue payment

Criminal Liability Elements

Restitution
Compensation of Damaged caused
Indemnification

Legal Tender

Statement I: Legal tender is currency valid for debt payments
Statement II: A check isn't legal tender

Improper Use of Power

Undue Influence: Taking advantage of someone's power to coerce them.
Intimidation: Using threats to affect someone's decision.
Fraud: Using false information to deceive.
Violence: Physically forcing someone to make a decision

Binding Third Parties

Contracts that create real rights
Contracts that create status
Collective contracts

Contract Classification by Dependence

Preparatory: Contracts for future contracts
Accessory: Contracts secondary to another contract.

Contract Classification by Perfection

Preparatory: Contracts for future contracts
Consensual: Contracts formed by agreement.
Principal: Primary contracts
Bilateral: Contracts with mutual obligations
Formal: Contracts requiring specific form
Real: Contracts requiring delivery

Void Contracts

Absolute simulation
Fictitious Contracts

Voidable Contracts

Statement I: Voidable contracts remain valid until annulment.
Statement II: Two years is the prescriptive period for annulment

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Description

Prepare for your final departmental examination with this comprehensive review guide on the law of obligations and contracts. Explore essential concepts such as requisites for a valid obligation and various types of conditions. Test your understanding of key terms and principles that are vital in legal discussions and contract formations.