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?

<p>None of the above (D)</p> 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.

<p>Statement I is false (D)</p> Signup and view all the answers

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

<p>Rescission (D)</p> Signup and view all the answers

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

<p>Mora Accipiendi (D)</p> 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?

<p>Conjunctive/Compound Obligation (C)</p> Signup and view all the answers

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

<p>It is a mere expression of opinion by a non-expert. (B)</p> Signup and view all the answers

By what means of perfection are real contracts completed?

<p>By delivery of the object (A)</p> Signup and view all the answers

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

<p>Real Contracts (D)</p> Signup and view all the answers

Which of the following scenarios results in a valid contract?

<p>A contract where the intention of the parties regarding the principal object can be ascertained. (D)</p> Signup and view all the answers

What is the primary characteristic of an unenforceable contract?

<p>It has no effect unless ratified. (D)</p> Signup and view all the answers

Which of the following best exemplifies an aleatory contract?

<p>An insurance policy against unexpected damages. (B)</p> 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?

<p>Accion Pauliana (C)</p> Signup and view all the answers

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

<p>The damage or injury suffered by a party seeking rescission. (A)</p> Signup and view all the answers

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

<p>Legal party (D)</p> 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?

<p>The fruits belong to the creditor. (B)</p> Signup and view all the answers

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

<p>Casual condition (B)</p> Signup and view all the answers

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

<p>Attrition (A)</p> Signup and view all the answers

How can a voidable contract be typically rectified?

<p>Through ratification by the party whose consent was vitiated. (B)</p> 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?

<p>Maria's generosity and her willingness to lend the car. (A)</p> Signup and view all the answers

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

<p>Contracts whose cause or object exists at the time of the transaction (A)</p> Signup and view all the answers

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

<p>Negotiorum gestio and solutio indebiti. (C)</p> 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?

<p>Both statements are true (D)</p> Signup and view all the answers

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

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

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

<p>Statement II is false (A)</p> Signup and view all the answers

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

<p>Voidable contract (C)</p> Signup and view all the answers

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

<p>Restitution, reparation, and indemnification for consequential damages. (B)</p> Signup and view all the answers

When does undue influence occur in contractual settings?

<p>When a party takes improper advantage of their power over another's will. (A)</p> 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?

<p>Return the value of the item with interest from the date of his fault, and the fruits received from the item. (B)</p> Signup and view all the answers

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

<p>The other party may not be compelled to comply. (A)</p> Signup and view all the answers

What characterizes an obligation containing a resolutory condition?

<p>It is immediately demandable, without affecting the event's potential impact. (C)</p> Signup and view all the answers

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

<p>Its susceptibility to partial performance without disproportionately impairing its value. (C)</p> Signup and view all the answers

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

<p>Payment always requires complete performance, while compensation may result in partial extinguishment. (B)</p> Signup and view all the answers

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

<p>It is designated only by its class or category. (A)</p> Signup and view all the answers

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

<p>Fraud cannot be mitigated under any circumstance. (B)</p> Signup and view all the answers

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

<p>When the roles of creditor and debtor are unified into a single person. (D)</p> Signup and view all the answers

What classifies an obligation as a conjunctive obligation?

<p>The debtor must perform multiple prestations to fulfil the obligation. (D)</p> Signup and view all the answers

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

<p>It is the reciprocal extinguishment of two debts, to the extent that they are equal. (B)</p> Signup and view all the answers

What is the key difference between active and passive solidarity?

<p>Passive solidarity is among debtors. (A)</p> Signup and view all the answers

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

<p>The delay on the creditor's end to accept performance. (B)</p> Signup and view all the answers

According to Article 1305, what constitutes a contract?

<p>A meeting of minds where one party binds themselves to the other for something or service. (B)</p> 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?

<p>If the debtor consigns the thing or sum due. (A)</p> Signup and view all the answers

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

<p>Essential, natural, accidental (D)</p> Signup and view all the answers

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

<p>If the past event is unknown to the parties involved. (D)</p> Signup and view all the answers

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

<p>If the item goes out of the commerce of men (C)</p> Signup and view all the answers

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

<p>The obligation to give something. (B)</p> Signup and view all the answers

Flashcards

Real Contract

A contract perfected by the delivery of the object of the contract.

Consensual Contract

A contract perfected by mere consent.

Formal Contract

A contract that requires a specific form or formality for its validity.

Onerous Contract

A contract where one party gives something to another party in exchange for a service or a promise of a service.

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Aleatory Contract

A contract where the performance of one party’s obligation is dependent on a chance event.

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Lucrative Contract

A contract where one party gives something to another party without expecting anything in return.

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Remuneratory Contract

A contract where one party gives something to another party in exchange for a past service.

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Accion Pauliana

The legal action that allows a creditor to rescind a contract entered into by a debtor to defraud them.

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Condition

A future event that is uncertain to happen or a past event that is unknown to parties.

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Payment

The delivery of money or the performance of an obligation in another manner.

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Contract

A meeting of minds between two or more people where one agrees to provide something or a service to another.

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Generic Thing

A thing identified by its class, not a specific item.

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Negotiorum Gestio

An obligation that occurs when someone acts on behalf of another without their consent, but the outcome is beneficial to the other person.

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Dolo Incidente

Fraud committed during the execution of an obligation already agreed upon. It renders the obligor liable for damages.

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Resolutory Period

A period that marks the end of an obligation.

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Legal Loss

When a thing is no longer available for use and is considered legally lost.

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Inexistent Contract

A contract that is void from the beginning, and cannot be cured or made valid.

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Voidable Contract

A contract that is valid until voided by a court decision.

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Void Contract

A contract that is considered invalid from the start, even if both parties consent. It can't be rectified.

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Annulment of a Voidable Contract

A contract that is considered valid until annulled through court procedures.

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Prescriptive Period for Annulment

The time limit within which a party can legally challenge a voidable contract.

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Non-Compliance Due to Annulment

The situation when a party who should return something due to a contract annulment fails, and cannot force the other party to comply.

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Liability for Lost Thing

The legal obligation incurred by a party who loses a thing due to their fault, to return the value and fruits received.

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Contracts with Non-Existent Object or Cause

A contract whose object or cause is not present at the time of its formation.

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Tender of Payment Refusal

A situation where the debtor is released from liability by offering the owed thing or sum to a creditor who refuses to accept it without good reason. This legal action ensures the debtor's responsibility is discharged.

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What happens when a thing goes out of commerce?

The legal concept when an object is no longer available for use or trade, typically due to loss or destruction. This prevents further legal or economic transactions involving the object.

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Passive Solidarity

A type of solidarity in obligations where the creditors share the responsibility for the debt. This means multiple creditors act as one collective entity to claim the debt.

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What is an obligation?

A legally binding agreement between two parties where one party (the obligor) is obliged to fulfill a specific demand of the other party (the obligee). This creates a legal duty to perform a specific action or refrain from doing something.

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Effects of acquittal in a criminal case

The legal effects of a criminal trial verdict when the accused is found not guilty. This doesn't always mean the accused is completely free from liability. Civil claims for damages may still be possible depending on the circumstances.

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Mora Solvendi Ex Persona vs. Mora Solvendi Ex Re

Mora Solvendi Ex Persona refers to a delay in the debtor fulfilling a personal obligation (like providing a service), while Mora Solvendi Ex Re involves a delay in the debtor fulfilling a real obligation (like delivering a specific object).

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What is Rescission?

A legal procedure that cancels or voids a contract. This can happen when there's a breach of contract or other grounds that make the contract invalid.

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Conjunctive/Compound Obligation

A type of obligation where the debtor is required to perform all the different acts stipulated in the contract to fulfill the obligation. This means multiple tasks must be completed to extinguish the debt.

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Ratification

The act of confirming or validating a previously voidable contract, making it legally binding.

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Quasi-Contract

A contract that arises from the actions of one party benefiting another, even without explicit agreement. It's like a good deed.

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Quasi-Delict

A civil wrong or harm caused to another, without a pre-existing contract, leading to potential legal liability.

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Annulment

The legal process of restoring a contract to its original state as if it never existed.

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Resolutory Condition

An obligation with a resolutory condition is still demandable even if the condition has not occurred. The condition merely determines when the obligation becomes extinguished.

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Indivisibility

Indivisibility means an obligation cannot be partially performed. If dividing the subject matter of the obligation would significantly reduce its value, it's considered indivisible.

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Compensation

Compensation is the mutual extinction of two obligations that are owed by the same parties to each other. It can be partial, extinguishing a portion of both obligations.

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Confusion

Confusion occurs when the roles of creditor and debtor merge into one person. This extinguishes the obligation because a person cannot owe themselves money.

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Fraud in Contracts

Fraud in contracts is not subject to mitigation. If a contract is proven to be fraudulent, it is invalid and cannot be partially corrected.

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Elements of a Contract

Essential elements of a contract are essential for its validity. Natural elements are assumed to be part of the contract unless explicitly excluded. Accidental elements are additional conditions agreed upon by the parties.

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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
  • 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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Law on Obligations and Contracts PDF

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.

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