Podcast
Questions and Answers
Which is a requisite for an obligation?
Which is a requisite for an obligation?
- Fact, prestation or service constituting the object of the obligation (correct)
- Active subject (obligee or creditor)
- Passive subject (obligor or debtor)
- Negotiorum gestio
What is the principle behind quasi-contracts?
What is the principle behind quasi-contracts?
- Active subject (obligee or creditor)
- Lawful and voluntary acts
- No one shall be unjustly enriched or benefited at the expense of another (correct)
- Arising from juridical relations
Which is a type of quasi-contract?
Which is a type of quasi-contract?
- Delicts
- Negotiorum gestio (correct)
- Contracts
- Law
What must a prestation in an obligation be?
What must a prestation in an obligation be?
What is a requisite for a quasi-contract?
What is a requisite for a quasi-contract?
Flashcards
What is a prestation?
What is a prestation?
A crucial element that an obligation must have, specifying the action or service to be done.
What does it mean for a prestation to be licit?
What does it mean for a prestation to be licit?
An obligation must have a valid legal purpose and cannot be against the law.
What are quasi-contracts?
What are quasi-contracts?
Actions and services that arise without a formal agreement, but legal obligations still exist based on fairness.
What is negotiorum gestio?
What is negotiorum gestio?
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What is the principle of unjust enrichment?
What is the principle of unjust enrichment?
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Study Notes
Obligations and Quasi-Contracts
- A requisite for an obligation is a lawful cause, which can be a service, a thing, or a performance.
Principles of Quasi-Contracts
- The principle behind quasi-contracts is to prevent unjust enrichment, which occurs when one person is enriched at the expense of another without justification.
Types of Quasi-Contracts
- A type of quasi-contract is negotiorum gestio, which is a voluntary management of another's affairs.
Prestations in Obligations
- A prestation in an obligation must be possible, i.e., it must be capable of being performed.
Requisites for Quasi-Contracts
- A requisite for a quasi-contract is a meeting of minds, which is not necessarily a contract, but an agreement to reimburse or pay for a service or thing.
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