Obligations and Contracts Final Exam Reviewer
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What does the phrase 'diligence of a good father of a family' imply about a debtor's responsibility?

  • The debtor can delegate care responsibilities to a third party.
  • The debtor is required to follow all statutory regulations closely.
  • The debtor must exercise the highest level of care possible. (correct)
  • The debtor should take ordinary care similar to that of an average person.

    • What type of fruits are generated without human intervention?

  • Natural Fruits (correct)
  • Industrial Fruits
  • Cultivated Fruits
  • Civil Fruits

    • What right does a creditor acquire over the fruits of a thing at the moment the obligation to deliver arises?

  • A personal right (correct)
  • An implied right
  • An exclusive ownership right
  • A real right

    • According to Article 1166, what does the obligation to give a determinate thing include?

    <p>All accessions and accessories, regardless of mention</p> Signup and view all the answers

    What establishes the standard of extraordinary diligence?

    <p>A stipulation agreed upon by the parties</p> Signup and view all the answers

    What is the definition of omission in a legal context?

    <p>A failure to act when there is an obligation to do so</p> Signup and view all the answers

    What does estoppel refer to in legal terms?

    <p>A legal principle preventing denial of facts that one has previously stated</p> Signup and view all the answers

    What does vitiated mean in a legal context?

    <p>To spoil or impair the quality of something</p> Signup and view all the answers

    Involuntary servitude can be best defined as:

    <p>Being forced to perform an act against one's will</p> Signup and view all the answers

    What is restitution in legal terms?

    <p>Compensating for damages or losses by returning something to its rightful owner</p> Signup and view all the answers

    Indemnification refers to which of the following?

    <p>Compensating someone for incurred damages or losses</p> Signup and view all the answers

    Which statement best defines usufruct?

    <p>The right to use and enjoy another's property, with the obligation to preserve its form</p> Signup and view all the answers

    What is the meaning of machination in legal terms?

    <p>Formulating a plan or scheme, often with malicious intent</p> Signup and view all the answers

    What happens to an obligation if there is a loss of the specific thing without the debtor's fault?

    <p>The obligation is extinguished</p> Signup and view all the answers

    If a debtor improves the specific thing at their own expense, what is the creditor entitled to?

    <p>Enjoyment of the improvement</p> Signup and view all the answers

    Under what condition can a court not fix a new period for an obligation?

    <p>If both parties agree on the period</p> Signup and view all the answers

    What occurs when the debtor becomes unable to pay and their assets cannot cover liabilities?

    <p>The obligation becomes immediately due</p> Signup and view all the answers

    Which of the following is a liability for the debtor if there is deterioration of the thing due to their fault?

    <p>Fulfillment of the obligation with damages</p> Signup and view all the answers

    What benefit does the creditor receive if an improvement occurs naturally over time?

    <p>The improvement shall inure to the creditor's benefit</p> Signup and view all the answers

    When can obligations with a period change to being immediately due?

    <p>When the debtor violates an undertaking</p> Signup and view all the answers

    What is the consequence of the creditor suffering from deterioration due to the debtor's fault?

    <p>The creditor has rights to rescission with damages</p> Signup and view all the answers

    What is the essential characteristic of a civil obligation?

    <p>It can only be enforced through legal means.</p> Signup and view all the answers

    Which of the following is NOT a type of national law based on its subject matter?

    <p>Private Law</p> Signup and view all the answers

    What distinguishes a natural obligation from a civil obligation?

    <p>Natural obligations cannot be enforced in court.</p> Signup and view all the answers

    Which of the following represents a prescriptive period for written contracts?

    <p>10 years</p> Signup and view all the answers

    What type of legal presumption is described as disputable or rebuttable?

    <p>Prima Facie Presumption</p> Signup and view all the answers

    What is the main purpose of the Civil Code of the Philippines?

    <p>To establish rights and obligations of individuals.</p> Signup and view all the answers

    Which article in the Civil Code defines an obligation?

    <p>Article 1156</p> Signup and view all the answers

    In the context of obligations, who is the active subject?

    <p>Creditor/obligee</p> Signup and view all the answers

    What is the effect of failing to enforce a civil obligation within the prescriptive period?

    <p>It is converted into a natural obligation.</p> Signup and view all the answers

    What is the term used for the connection that binds the parties to an obligation?

    <p>Juridical tie</p> Signup and view all the answers

    Which of the following obligations involves an action of doing something?

    <p>To do</p> Signup and view all the answers

    What is the legal term for the necessity that, in the case of noncompliance, leads to legal consequences?

    <p>Juridical necessity</p> Signup and view all the answers

    Which of the following is an example of a personal obligation?

    <p>Performing a service for a friend</p> Signup and view all the answers

    What does the term 'prestitation' signify in obligations?

    <p>A legally defined action required by the debtor</p> Signup and view all the answers

    What is a characteristic of joint obligations?

    <p>Debtors are only liable for their proportionate part of the debt.</p> Signup and view all the answers

    In the context of solidary obligations, what happens when one debtor pays the whole amount?

    <p>No other debtor can demand reimbursement.</p> Signup and view all the answers

    Which of the following terms indicates joint obligations?

    <p>Mancomunadamente</p> Signup and view all the answers

    How is the credit or debt presumed to be divided in joint obligations?

    <p>In equal shares as there are debtors or creditors.</p> Signup and view all the answers

    What does Article 1209 state regarding joint indivisible obligations?

    <p>It is joint as to liabilities but indivisible as to compliance.</p> Signup and view all the answers

    What does the term 'solidaria' imply in obligations?

    <p>All debtors are jointly and severally liable for the entire obligation.</p> Signup and view all the answers

    In a scenario with joint creditors, how much can a single creditor demand?

    <p>Only their proportionate part of the obligation.</p> Signup and view all the answers

    If two creditors are involved, how does the payment process work in joint obligations?

    <p>Any creditor can demand the total payment from any debtor.</p> Signup and view all the answers

    Which of the following best describes the principle of reimbursement among solidary debtors?

    <p>A debtor can ask for reimbursement from any other debtor.</p> Signup and view all the answers

    What is indicated by the phrase 'We promise to pay' signed by multiple persons?

    <p>Suggests a joint obligation.</p> Signup and view all the answers

    What occurs when an obligation is extinguished?

    <p>The obligation is canceled with no further rights remaining.</p> Signup and view all the answers

    Which of the following is a requirement for payment or performance to fully extinguish an obligation?

    <p>The payment must address the entire terms of the obligation.</p> Signup and view all the answers

    What defines substantial performance in the context of extinguishing obligations?

    <p>The debtor's inability to perform is due to a valid reason and not due to fault.</p> Signup and view all the answers

    In a dacion en pago, what does the debtor do?

    <p>Transfers property as a substitute for monetary payment.</p> Signup and view all the answers

    What is the outcome of tender of payment followed by consignation?

    <p>The obligation is extinguished following consignation after the creditor's refusal.</p> Signup and view all the answers

    What does 'application of payments' allow a debtor to do?

    <p>Choose which debts to fully extinguish with sufficient payment.</p> Signup and view all the answers

    Which of the following indicates the creditor's acceptance of partial performance?

    <p>Acceptance can occur even without a valid reason for partial performance.</p> Signup and view all the answers

    What is a result of 'payment by cession'?

    <p>The debtor abandons properties to creditors for them to sell and pay obligations.</p> Signup and view all the answers

    How does partial payment affect the creditor's rights?

    <p>The creditor can choose to either accept or reject the partial payment.</p> Signup and view all the answers

    What must be true for a debtor to choose specific debts to extinguish?

    <p>The chosen debts must be overdue.</p> Signup and view all the answers

    Study Notes

    Coblaw 1 Final Exam Reviewer - Obligations and Contracts (De La Salle University)

    • Legal Terms to Remember:

      • Omission: Failure to act, e.g., not saving a child drowning.
      • Estoppel: A legal bar preventing a person from denying something they've previously stated or implied.
      • Vitiated: Spoiled or impaired the quality or efficiency of something.
      • Abscond: To evade or hide.
      • Undertaking: To violate a promise.
      • Involuntary Servitude: Being forced to perform an act against one's will.
      • Restitution: Returning something to its rightful owner or offering equal value for loss or damage.
      • Indemnification: Compensating someone for damages or losses.
      • Machination: A plot or conspiracy
      • Indubitable: Unquestionable, not open to doubt.
      • Usufruct: Right to use someone else's property with obligations to maintain its condition.
      • Prestations: Payment in money or services to fulfill an obligation.
      • Remission: Forgiveness or condonation of an offence or injury.
      • Onerous: Burdensome.
      • Ratifiable: Able to be confirmed or approved later.
      • Ratification: Confirmation making a voidable contract valid.
      • Rescission: A remedy for a voidable contract, restoring the parties to their original positions.
      • Litigation: Legal proceedings resolving a dispute.

    • Introduction to Law:

      • Law is valid but not implemented
      • Violating the law has consequences
      • Law's purpose – promote common good, compliance of all, created by competent authority, reasonable rules of conduct, address problem.

    • General Classes of Law:

      • Divine Law: Morality and rules established in religion
      • Moral Law: Values and ethics, based on society's standards
      • Natural Law: Innate human rights and natural laws
      • Physical Law: Scientific principles
      • Human Positive Law: Rules enacted by the government, e.g., state, or other legal systems

    • Branches of Government:

      • Legislative: Create and enact laws
      • Executive: Enforce and implement laws
      • Judicial: Interpret and apply laws to resolve disputes.

    • Classes of Positive Law:

      • National Law: Applies to everyone in the country
      • Ordinances (LGUs): Laws made by local govt units
      • Administrative Regulations: Rules created to implement existing laws.
      • Laws Based on Purpose/Nature:
        • Substantive law (rights and obligations)
        • Procedural/adjective law (remedy and procedures)
      • Law based on Subject Matter:
        • Public Law (relationship between state & citizens)
        • Private/Civil Law (relationships among individuals)

    • Civil Code of the Philippines:

      • Book 4 addresses obligations and contracts

    • Kinds of Legal Presumptions:

      • Conclusive: Cannot be disproven
      • Disputable: Can be disproven by evidence.

    • Nature of Obligations:

      • Civil Obligation: Enforceable in court
      • Natural Obligation: Moral obligation, not enforceable in court

    • Prescription of Civil Actions:

      • Time limits for initiating legal actions (e.g., contract duration)
      • Different time limits for different kinds of obligations.

    • Sources of Obligations:

      • Law: Obligations imposed by law itself.
      • Contracts: Agreements between parties.
      • Quasi-Contracts: From lawful, voluntary acts
      • Crimes/Acts/Omissions: Punishable by law
      • Quasi-delicts: Negligence causing damage to another

    • Requisites of Obligations:

      • Passive subject: Debtor/obligor

      • Active subject: Creditor/obligee

      • Object/prestation: Subject matter: conduct to be observed by debtor.

      • Juridical/legal tie: That which binds parties

    • Obligations to Give:

      • Determinate: Specific or identified, e.g., a specific painting
      • Indeterminate: Generic or unspecified, e.g. a certain type of rice.

    • Duties in Giving a Determinate Thing:

      1. Taking care of the item.
      2. Delivering the item itself.

    • Types of Fruits:

      • Natural Fruits: Naturally arising (e.g., fruits from a tree).
      • Industrial Fruits Produced through labor (e.g., crops from field).
      • Civil Fruits Legal right to an asset (interest from a loan).

    • Obligation to Do:

      • A duty to do an action.

    • Obligation Not To Do:

      • A duty to avoid something

    • Kinds of Definite Contracts:

      • Rescissible: Defect in contract either to one of the parties or to a 3rd person - e.g., Lesion Damage
      • Voidable: Vice in consent, e.g., fraud, violence, intimidation, etc etc
      • Unenforceable: Defective due to form, lack of authority, capacity, or non-compliance to certain statues etc etc
      • Void: Defect due to essential elements or illegality e.g., Illegal Contract or Illegal Agreement

    • Other concepts (for example, for joint liabilities, obligations with a period, and others):

      • Joint Obligations: When two or more parties have the obligation, to fulfill a contract.
      • Solidary Obligations: When two or more parties each have the entire obligation.
      • Obligations with a period: An obligation which has a date by which it will have to be fulfilled, until that date, there Is no obligation
      • Alternative obligations: The parties can decide which particular obligation they fulfill or decide to take several obligations
      • Facultative obligations: The obligation has an alternative, but the deciding party is only one

    • Important Legal Terms and Principles:

      • Cause: Reason for the contract
      • Consent: Agreement between parties
      • Legality: Compliance with the law
      • Formality: Specific form needed (e.g., writing)
      • Dacion en pago: Substituting money debt with a property
      • Quasi-delict: Negligence or fault causing damage
      • Tender of Payment: Offer to pay, with or without the valid reason
      • Consignation of payment: Deposit with a court.
      • Fraud or Dolo: Intentional deceit used in a contract to make the contract voidable
      • Negligence or Culpa: Conduct causing a defective contract, - contract, e.g., contractual negligence - quasi-delict, e.g., quasi- delict negligence.
      • Delay or Mora: Failure to deliver when necessary
      • Exempting Circumstances: Reasons why a party may not be liable for breach.
      • Implied Consent: Agreement that isn't stated explicitly

    • Chapter 2, Defective Contracts:

      • Reformation: Change in contract if it doesn't reflect the true agreement.

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    Coblaw 1 Final Exam Reviewer PDF

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    Prepare for your final exam on Obligations and Contracts with this comprehensive reviewer from De La Salle University. The quiz covers essential legal terms and concepts that are crucial for understanding your responsibilities and rights under the law. Test your knowledge and get ready to ace your exam!

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