Legal Entities and Obligations Overview

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is considered as industrial fruit?

Revenue from property sales

Rent collected from a sold building

Crops cultivated from the land (correct)

Interest earned from savings

What is a consequence for a debtor who fails to perform obligations due to fraud?

Liable for damages (correct)

No consequences apply

May have an extension granted

May receive a warning

When can a creditor compel a debtor to make delivery according to Article 1165?

When the debtor is in a good financial state

When the thing to be delivered is determinate (correct)

Only if the thing to be delivered is indeterminate

If the debtor has been warned twice

Which type of description is indicated as 'indeterminate'?

A general category Signup and view all the answers

What happens if an obligor delays delivering the same thing to multiple persons without shared interest?

They are liable for fortuitous events until delivery Signup and view all the answers

In what circumstance is responsibility arising from negligence considered demandable?

In every kind of obligation Signup and view all the answers

Which statement regarding waivers of future fraud actions is true?

They are void Signup and view all the answers

How may the liability for negligence in some obligations be regulated?

By court regulation based on circumstances Signup and view all the answers

What must a finder do if they discover a movable item that is not considered treasure?

Return it to its previous possessor. Signup and view all the answers

How long must the mayor publicly announce the finding of a movable item?

Two consecutive weeks. Signup and view all the answers

What action should be taken if the found movable item cannot be kept without deterioration?

Sell it at public auction after eight days. Signup and view all the answers

What distinguishes a natural person from a juridical person?

A natural person has inherent humanhood that cannot be taken away. Signup and view all the answers

What reward does a finder receive if the owner appears after the item has been found?

One-tenth of the value of the item. Signup and view all the answers

What happens to the found item's value if the owner does not appear within six months?

It is awarded to the finder. Signup and view all the answers

What is the concept of 'Capacity to Act' referring to?

Factors that can limit a person's ability to perform certain actions. Signup and view all the answers

Which of the following is true regarding the juridical capacity of a natural person?

It is inherent and only ceases with death. Signup and view all the answers

What is stated about obligations that arise from law in Article 1158?

Only those expressly determined are demandable. Signup and view all the answers

Which statement accurately defines an obligation?

It is a juridical necessity required by law to give, do, or not do. Signup and view all the answers

According to Article 19, how must a person act while exercising their rights?

With justice and good faith. Signup and view all the answers

What right does a creditor have according to Article 1164?

To the fruits of the thing from the time the obligation arises. Signup and view all the answers

Under what condition is personhood considered extinguished?

Upon the death of the individual. Signup and view all the answers

Which of the following best describes the 'Active Subject' in the context of an obligation?

The individual who has the duty to fulfill an obligation. Signup and view all the answers

What can limit a person's 'Capacity to Act'?

Factors like age, insanity, or legal restrictions. Signup and view all the answers

What does Article 1156 encapsulate regarding an obligation?

It defines obligation as a juridical necessity that must be undertaken. Signup and view all the answers

What type of obligation is immediately demandable and not dependent on any future or uncertain event?

Pure Obligations Signup and view all the answers

What does the phrase 'good father of a family' signify in terms of obligations?

Acting responsibly and reasonably Signup and view all the answers

What type of event is described as a fortuitous event?

An event that cannot be foreseen or avoided Signup and view all the answers

What are impossible obligations?

Obligations that cannot be fulfilled for legal, physical, or practical reasons Signup and view all the answers

Which type of condition is defined as a condition that must occur for the obligation to arise?

Suspensive Condition Signup and view all the answers

Under which condition is a person not liable for unforeseen events?

When events were unavoidable Signup and view all the answers

What entails a conditional obligation?

An obligation dependent on a future uncertain event Signup and view all the answers

In legal terms, what must not be impossible for an obligation to be considered valid?

The condition under which the obligation arises Signup and view all the answers

What happens to an obligation that is considered impossible?

It is void and unenforceable in a contract. Signup and view all the answers

Which type of condition allows an obligation to be immediately demandable but can be extinguished later?

Resolutory condition Signup and view all the answers

Which of the following is true about potestative conditions?

They depend solely on the will of one party. Signup and view all the answers

What characterizes an express obligation?

It is clearly stated or explicitly agreed upon. Signup and view all the answers

What type of obligation requires a person to refrain from acting?

Negative obligation Signup and view all the answers

Which obligation type requires the obligor to fulfill all specified obligations concurrently?

Conjunctive obligation Signup and view all the answers

Which best describes casual conditions?

They depend on chance or the will of a third party. Signup and view all the answers

What does an implied obligation ensure?

Each party performs their part according to the agreement's spirit. Signup and view all the answers

Study Notes

Person

A person is a legal entity with rights and obligations
There are two types of persons, natural and juridical
Natural Person: A human being with legal capacity, starting at birth and ending with death
- Capacity to Act: Legal ability to execute a legal act, can be limited by certain conditions
- Juridical Capacity: The inherent right to possess and exercise civil rights; it exists from birth and is lost through death; this cannot be renounced or diminished
Juridical Person: An entity granted legal personhood by law
- Legal capacity can be granted, revoked, and limited by the law that created it

Obligations

Obligation: A juridical necessity to give, to do, or not to do.
- Active Subject: The person entitled to demand fulfillment of an obligation
- Passive Subject: The person who has a duty to perform an obligation

Sources of Obligations

Law: Obligations imposed by law
- Obligations derived from law are not presumed, only those expressly stated in the law are demandable (Article 1158)
Contracts: Obligations arising from contracts have the force of law between the parties involved (Article 1159)
Quasi-Contracts: An obligation arising from the conduct of the parties concerned, resulting in a situation akin to a contract; an act done that would require a contract, even though there isn't one (Example: Finding a movable).
Delicts (Crimes): Obligations imposed by law for the commission of a crime.
Quasi-delicts (Torts): Obligations arising from acts or omissions done negligently or with misconduct.
- The "fault or negligence," if not a part of an existing relationship, is called quasi-delict

Elements of an Obligation

Active Subject: Person who can demand fulfillment of the obligation.
Passive Subject: Person obligated to perform.
Object: What is to be given, done, or not done.
Juridical Tie: The legal bond that connects the parties.

Article 1164

The creditor has a right to the fruits of the thing to be delivered from the time the obligation to deliver it arises.
Fruits:
- Natural Fruits: Actual fruits, like produce from a tree or offspring of animals.
- Industrial Fruits: Obtained through cultivation, like agricultural products.
- Civil Fruits: Fruits from the use or lease of a building, like rent.

Article 1165

Determines the creditor's rights in fulfilling the obligation:
- Determinate Thing: Specific description, the creditor can demand the delivery.
- Indeterminate or Generic Thing: General description; the creditor can ask for compliance with the obligation at the debtor's expense.
- Delay or Multiple Parties: The obligor is liable for any fortuitous event until delivery if they delay or promise to deliver to multiple parties with different interests.

Article 1170

Responsibility for Obligations: Those who breach an obligation through fraud, negligence, or delay, or contradict the agreement, are liable for damages.

Article 1171

Responsibility for Fraud: Responsibility for fraud is demandable in all obligations.
Waiver of Action: Any waiver of an action for future fraud is void.

Article 1172

Responsibility for Negligence: Responsibility due to negligence is also demandable, but it may be adjusted by the court considering the specific circumstances.

Fortuitous Events (Acts of God)

Article 1174: Except in specific cases defined by law, a person generally isn't responsible for unforeseen, unavoidable events known as "force majeure"

Types of Obligations

Pure Obligation: Immediately demandable, not dependent on conditions.
- Takes effect immediately and is enforceable right away.
Conditional Obligation:
- Suspensive Condition (Condition Precedent): Obligation arises only upon the fulfillment of the condition.
- Resolutory Condition (Condition Subsequent): Obligation is immediately demandable but can be extinguished by fulfilling the condition.
Express or Implied:
- Express Obligation: Clearly stated terms in a contract, either verbally or written.
- Implied Obligation: Not specifically stated, but understood based on the nature of the agreement, the behavior of the parties, or legal standards.
Possible or Impossible:
- Possible Obligation: Can be reasonably fulfilled under normal circumstances.
- Impossible Obligation: Cannot be fulfilled because it's physically, legally, or practically impossible. This is generally considered void.
Potestative or Casual:
- Potestative Condition: Depends solely on the will of one of the contracting parties.
  - If dependent on the debtor's will, the obligation is void.
- Casual Condition: Depends on chance or the will of a third party.
Negative or Positive:
- Positive Obligation: Requires a person to take an active action, like providing service, delivering goods, or following a contract or law.
- Negative Obligation: Requires a person to refrain from doing something.
Conjunctive or Disjunctive:
- Conjunctive Obligation: Obligor must fulfill all specified obligations, each part is connected and needs to be done together or sequentially.
- Disjunctive Obligation: Obligor can choose which obligation to fulfill from multiple options.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the concepts of natural and juridical persons, their legal capacities, and the nature of obligations. It explores how obligations arise and the roles of active and passive subjects within legal frameworks. Test your understanding of legal entities and the sources of obligations!