Podcast
Questions and Answers
When does the creditor acquire a real right to the fruits of a thing?
When does the creditor acquire a real right to the fruits of a thing?
- When he has established a personal right.
- Once the obligation to deliver arises.
- After the thing has been delivered to him. (correct)
- After he has made the payment for it.
What distinguishes a personal right from a real right?
What distinguishes a personal right from a real right?
- A personal right applies to all persons, a real right does not.
- A personal right is enforced against a specific person, a real right is enforced against the whole world. (correct)
- A personal right pertains to the property, a real right pertains to the individual.
- A personal right is unconditional, a real right requires fulfillment.
Which of the following is NOT a source of obligations?
Which of the following is NOT a source of obligations?
- Law
- Acts of charity (correct)
- Quasi-contracts
- Contracts
What right does a creditor have before the delivery of the obligation?
What right does a creditor have before the delivery of the obligation?
Which statement about obligations is TRUE regarding the responsibility of the obligor?
Which statement about obligations is TRUE regarding the responsibility of the obligor?
In which scenario does the creditor have the right to demand payment of damages?
In which scenario does the creditor have the right to demand payment of damages?
How do quasi-delicts differ from other sources of obligations?
How do quasi-delicts differ from other sources of obligations?
What is required for a creditor to ask that an obligation be fulfilled at the expense of the debtor?
What is required for a creditor to ask that an obligation be fulfilled at the expense of the debtor?
What does indivisibility refer to in the context of obligations?
What does indivisibility refer to in the context of obligations?
Which type of solidarity arises from an agreement between the parties?
Which type of solidarity arises from an agreement between the parties?
What happens when one solidary debtor makes a payment?
What happens when one solidary debtor makes a payment?
In the scenario where multiple solidary debtors are present, what can the creditor do if two or more debtors offer to pay?
In the scenario where multiple solidary debtors are present, what can the creditor do if two or more debtors offer to pay?
What may a debtor claim after making a payment on behalf of all solidary debtors?
What may a debtor claim after making a payment on behalf of all solidary debtors?
What is the nature of the ACCION SUBROGATORIA?
What is the nature of the ACCION SUBROGATORIA?
In the context of conditional obligations, what does the term 'condition' refer to?
In the context of conditional obligations, what does the term 'condition' refer to?
Which statement correctly describes the presumption related to the receipt of principal by a creditor?
Which statement correctly describes the presumption related to the receipt of principal by a creditor?
What does the ACCION PAULIANA allow the creditor to do?
What does the ACCION PAULIANA allow the creditor to do?
What is a characteristic of a valid condition in obligations?
What is a characteristic of a valid condition in obligations?
What does the term 'transmissibility of rights' imply in obligations?
What does the term 'transmissibility of rights' imply in obligations?
Which of the following describes 'subsidiary remedies'?
Which of the following describes 'subsidiary remedies'?
Which of the following options is NOT a characteristic of a condition?
Which of the following options is NOT a characteristic of a condition?
What type of fault implies malice or dishonesty and cannot be attributed to mistakes made in good faith?
What type of fault implies malice or dishonesty and cannot be attributed to mistakes made in good faith?
Which type of fraud involves a deliberate intention to cause damage or prejudice?
Which type of fraud involves a deliberate intention to cause damage or prejudice?
Which type of culpa or fault results in a failure to observe required diligence causing damage to another?
Which type of culpa or fault results in a failure to observe required diligence causing damage to another?
What is the consequence of waiving an action for future fraud?
What is the consequence of waiving an action for future fraud?
What distinguishes fraud in obtaining consent from fraud in performing a contract?
What distinguishes fraud in obtaining consent from fraud in performing a contract?
Which of the following types of fraud is characterized as causal fraud?
Which of the following types of fraud is characterized as causal fraud?
In the context of obligations, which statement is true regarding fraud?
In the context of obligations, which statement is true regarding fraud?
Which type of negligence is associated with the lack of foresight or skill?
Which type of negligence is associated with the lack of foresight or skill?
What must happen for a debtor's choice in an obligation to be considered valid?
What must happen for a debtor's choice in an obligation to be considered valid?
What happens once the period for the obligation is fixed by the courts?
What happens once the period for the obligation is fixed by the courts?
In what case can the debtor's choice be communicated orally?
In what case can the debtor's choice be communicated orally?
What must happen for an alternative obligation to be converted to a simple obligation?
What must happen for an alternative obligation to be converted to a simple obligation?
What occurs if the debtor's choice becomes impossible due to the creditor's fault?
What occurs if the debtor's choice becomes impossible due to the creditor's fault?
When can a debtor's previously made choice no longer be renounced?
When can a debtor's previously made choice no longer be renounced?
What is necessary for the courts to fix a specific period in an obligation?
What is necessary for the courts to fix a specific period in an obligation?
What is the effect on an obligation if a substitute is lost before the substitution is made?
What is the effect on an obligation if a substitute is lost before the substitution is made?
What happens to the effects of a conditional obligation once the condition is fulfilled?
What happens to the effects of a conditional obligation once the condition is fulfilled?
In a reciprocal obligation, what is deemed to have occurred during the pendency of the condition?
In a reciprocal obligation, what is deemed to have occurred during the pendency of the condition?
What characterizes a potestative condition that depends exclusively on the will of the debtor?
What characterizes a potestative condition that depends exclusively on the will of the debtor?
What does the creditor have during the pendency of a suspensive condition?
What does the creditor have during the pendency of a suspensive condition?
Which of the following statements about unilateral obligations is true regarding fruits and interests received?
Which of the following statements about unilateral obligations is true regarding fruits and interests received?
What is the best course of action if there is no specified period for compliance in a reciprocal obligation?
What is the best course of action if there is no specified period for compliance in a reciprocal obligation?
What is the legal status of a potestative condition that hinges solely on the creditor's will?
What is the legal status of a potestative condition that hinges solely on the creditor's will?
What is the outcome if the suspensive condition is not fulfilled?
What is the outcome if the suspensive condition is not fulfilled?
Flashcards
Personal Right
Personal Right
A right to demand something from a specific person or group of people.
Real Right
Real Right
A right enforceable against the whole world concerning a specific thing.
Creditor's fruits right
Creditor's fruits right
The creditor's right to the fruits of an object, from the moment the obligation to deliver arises.
Real right vs. Personal right timing
Real right vs. Personal right timing
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Creditor's remedies (damage)
Creditor's remedies (damage)
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Delayed obligor's responsibility (fortuitous event)
Delayed obligor's responsibility (fortuitous event)
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Generic Obligation
Generic Obligation
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Generic Obligation Remedies
Generic Obligation Remedies
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Culpa contractual
Culpa contractual
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Culpa aquiliana/quasi-delict
Culpa aquiliana/quasi-delict
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Culpa criminal
Culpa criminal
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Fraud (Dolo)
Fraud (Dolo)
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Negligence (Culpa)
Negligence (Culpa)
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Waiver of future fraud
Waiver of future fraud
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Dolo causante (causal fraud)
Dolo causante (causal fraud)
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Dolo incidente (incidental fraud)
Dolo incidente (incidental fraud)
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Retroactive Effect
Retroactive Effect
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Reciprocal Obligations
Reciprocal Obligations
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Unilateral Obligation
Unilateral Obligation
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Potestative Condition (Creditor)
Potestative Condition (Creditor)
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Potestative Condition (Debtor)
Potestative Condition (Debtor)
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Suspensive Condition Effect
Suspensive Condition Effect
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Creditor's Hope
Creditor's Hope
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Fixing a Period
Fixing a Period
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Subrogation
Subrogation
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Accion Subrogatoria
Accion Subrogatoria
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Accion Pauliana
Accion Pauliana
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Conditional Obligation
Conditional Obligation
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Extinguishment of Interest & Prior Installments
Extinguishment of Interest & Prior Installments
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Transmissibility of Rights
Transmissibility of Rights
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Conditions: Future and Uncertain
Conditions: Future and Uncertain
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Condition vs. Term
Condition vs. Term
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Alternative Obligation
Alternative Obligation
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Facultative Obligation
Facultative Obligation
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How is an Alternative Obligation converted to a Simple Obligation?
How is an Alternative Obligation converted to a Simple Obligation?
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Does the creditor need to consent to the debtor's choice?
Does the creditor need to consent to the debtor's choice?
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What happens if the chosen prestation becomes impossible?
What happens if the chosen prestation becomes impossible?
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When does the debtor lose their right to choose?
When does the debtor lose their right to choose?
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What if the creditor makes it impossible for the debtor to choose?
What if the creditor makes it impossible for the debtor to choose?
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What happens when the debtor chooses to substitute in a Facultative Obligation?
What happens when the debtor chooses to substitute in a Facultative Obligation?
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Solidarity
Solidarity
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Indivisibility
Indivisibility
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Conventional Solidarity
Conventional Solidarity
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Legal Solidarity
Legal Solidarity
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Mutual Agency Among Solidary Debtors
Mutual Agency Among Solidary Debtors
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Study Notes
Law and Business Law
- Law is defined as an ordinance of reason, promulgated for the common good, by one who has authority over society, as defined by St. Thomas Aquinas.
- Law is the mass of rules of conduct formulated by legitimate State power for common observance and benefit.
- Key definition of law: "A rule of conduct, just and obligatory, promulgated by legitimate authority for the common observance and benefit" (Sanchez Roman).
Sources of Law
- Constitution: The fundamental law governing a nation's relationship with its citizens. All laws must comply with constitutional provisions.
- Administrative or executive orders, regulations, and rulings: Fundamental laws that must conform to the Constitution.
- Judicial decisions or jurisprudence: Judicial interpretations of laws and the Constitution form part of the legal system.
- Custom: Long-standing habits and practices recognized as binding rules of conduct.
- Other sources: Principles of justice and equity, decisions of foreign tribunals, and expert opinions.
General or Public Law
- Body of rules regulating the state's relationship with its citizens.
- Includes: International Law, Constitutional Law, Administrative Law, Political Law, and Criminal Law.
Individual or Private Law
- Governs private relationships between people.
- Includes: Civil Law, Commercial Law, and Procedural Law.
Definition of Obligation (Art. 1156, NCC)
- An obligation is a juridical necessity to give, to do or not to do.
- Derived from the Latin word "obligatio," meaning tying or binding.
- A legal relation enabling a creditor to demand a specific conduct (giving, doing, or refraining) from a debtor, and the satisfaction of assets if breached.
Elements of an Obligation
- Active subject (obligee/creditor): The party entitled to demand fulfillment.
- Passive subject (obligor/debtor): The party bound to fulfill.
- Object/prestation: The conduct demanded from the debtor.
- Efficient cause (juridical tie): The reason or origin of the obligation.
Different Kinds of Obligations
- Real Obligations: Obligations to give (a specific thing).
- Personal Obligations: Obligations to do or not to do (an action or forbearance).
Natural Obligations
- Based on equity and natural law.
- Do not grant a right of action to enforce performance but authorize retention of something voluntarily delivered.
Civil and Natural Obligations Distinguished
- Civil obligations are based on positive law and enforceable by court action.
- Natural obligations are based on equity and natural law but are not enforceable by court action.
Extra-contractual Obligations
- Obligations arising outside of contractual agreements.
- Examples include quasi-contract, quasi-delict.
Personal and Real Rights Distinguished
- Personal rights: Enforceable against a specific person.
- Real rights: Enforceable against the whole world.
Effect of Default (Mora)
- Mora solvendi: Debtor's delay in performing an obligation, a fault by debtor to give or to do.
- Mora accipiendi: Creditor's delay in accepting performance; fault or inaction by creditor.
- Compensatio morae: Delay of both parties in reciprocal obligations.
Kinds of Fraud (Dolo)
- Dolo causante: Fraud in securing consent leads to contract's voidability.
- Dolo incidente: Fraud in performing a pre-existing contract leads to damages.
Kinds of Negligence (Culpa)
- Culpa contractual: Negligence in performing a pre-existing contract.
- Culpa aquiliana: Negligence causing damage to another.
Reciprocal Obligations
- Created simultaneously.
- Obligations between parties are interconnected.
Conditional Obligations
- The obligation's effectiveness or extinguishment depends on a future, uncertain event.
Term Obligations
- Effectiveness is tied to a specified time, date or event
- Suspensive Term: Obligation becomes enforceable at a future date.
- Resolutory Term: Obligation terminates at a future date.
Alternative Obligations
- Several objects are due; fulfilling one satisfies the obligation.
Facultative Obligations
- Only one object is due; fulfilling one alternative satisfies, but other alternatives are not required
Joint Obligations
- Each debtor or creditor is only responsible for their respective portion of the prestation.
Solidary Obligations
- One obligor is liable for the entire obligation as if they alone were the debtor or obligor.
Divisible Obligations
- The prestation may be fulfilled in parts without changing the essence of the obligation.
Indivisible Obligations
- The prestation cannot be fulfilled in parts, as the fulfillment of the whole is required.
Obligations with a Penal Clause
- Accessory undertaking to ensure obligation fulfillment, stipulating indemnity/performance upon breach.
Modes of Extinguishment of Obligations
- Payment/Performance: Fulfillment of the obligation's terms.
- Condonation/Remission: Creditor's gratuitous abandonment of the obligation's enforcement.
- Confusion/Merger: The creditor and debtor become one person.
- Compensation: Mutual offsetting of debts between parties.
- Novation: Replacing the old obligation with a new one.
Tender of Payment and Consignation
- Tender: A formal offer to perform an obligation.
- Consignation: Deposit or delivery of the thing in fulfillment of the obligation when creditor refuses to accept or cannot accept
Loss of a Determinate Thing
- Obligation extinguished if lost/destroyed without debtor's fault before incurring delay
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Description
Test your understanding of the concepts surrounding obligations and rights in law. This quiz encompasses questions about the distinctions between personal and real rights, sources of obligations, and creditors' rights. Enhance your knowledge of the responsibilities of obligors and the implications of quasi-delicts.