Questions and Answers
What is an obligation?
A juridical necessity to give, to do, or not to do.
What are the different viewpoints of obligations from the perspective of 'sanction'?
What are the elements of an obligation?
Active subject, passive subject, prestation, efficient cause, causa.
Which type of obligation may be enforced in court?
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Which of the following is NOT a requisites of prestation/object?
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A natural obligation can be enforced in court.
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What does 'prestation' refer to in the context of obligation?
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What is an obligation?
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Which of the following is NOT a type of obligation?
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A natural obligation can be enforced in court.
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What constitutes a civil obligation?
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What is the role of an active subject in an obligation?
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Define 'prestations' in the context of obligations.
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Which of the following statements about moral obligations is correct?
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The ______ person is bound to perform the prestation or fulfill the obligation.
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What is a prerequisite for an object (prestations) of an obligation to be valid?
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Study Notes
Obligations Overview
- An obligation refers to a juridical necessity to give, do, or not do, which creates a legal tie that can result in sanctions for noncompliance.
- An obligation is a duty of the obligor to satisfy a demandable claim of the obligee, enforceable in court if breached.
- Contracts create obligations, but not all obligations arise from contracts.
Types of Obligations
- Negative obligations involve refraining from actions, which includes not giving.
Viewpoints of Persons Obliged
- Unilateral obligations exist when only one party is bound.
- Bilateral obligations occur when both parties have duties, with subcategories:
- Reciprocal: mutual performance dependent on each party fulfilling their obligation.
- Non-reciprocal: one party's performance is unaffected by the other's obligations.
Elements of Obligation
- Active Subject (Creditor/Obligee): The party demanding the obligation's performance.
- Passive Subject (Debtor/Obligor): The party required to fulfill the obligation.
- Prestation: The object of the obligation, which may involve giving, doing, or refraining from doing.
- Efficient Cause: The juridical tie that binds the parties; the source of obligation.
- Causa (Causa debendi): The underlying reason why the obligation exists.
Types of Damages
- Damages refer to monetary compensation for injury or harm incurred by the obligee due to the obligor's violation of rights.
Kinds of Obligations by Sanction
- Civil Obligation: Enforceable in court; judicial process applies if not fulfilled when due.
- Natural Obligation: Not enforceable in court but allows for voluntary retention of payment made by the debtor; prompted by conscience and equitable considerations.
- Moral Obligation: Motivated by conscience or morality, particularly within the context of religious obligations.
Prestations Defined
- To Give: Involves delivery of goods (sales, deposits, pledges, donations).
- To Do: Encompasses various services (professional contracts).
- Not to Do: Involves refraining from certain actions, related to compliance with rules and regulations.
Requisites of Prestation/Object
- Licit: The object must be lawful; any illicit object is void.
- Possible: The object must be possible to fulfill; impossible obligations are void.
- Determinate or Determinable: The object must be specific or identifiable; otherwise, it is void.
- Pecuniary Value: The object should carry monetary value.
Key Legal Terms
- Injury: A wrongful act or omission causing loss or harm to another.
- Damage: The consequence of injury, resulting in loss.
Obligations Overview
- An obligation refers to a juridical necessity to give, do, or not do, which creates a legal tie that can result in sanctions for noncompliance.
- An obligation is a duty of the obligor to satisfy a demandable claim of the obligee, enforceable in court if breached.
- Contracts create obligations, but not all obligations arise from contracts.
Types of Obligations
- Negative obligations involve refraining from actions, which includes not giving.
Viewpoints of Persons Obliged
- Unilateral obligations exist when only one party is bound.
- Bilateral obligations occur when both parties have duties, with subcategories:
- Reciprocal: mutual performance dependent on each party fulfilling their obligation.
- Non-reciprocal: one party's performance is unaffected by the other's obligations.
Elements of Obligation
- Active Subject (Creditor/Obligee): The party demanding the obligation's performance.
- Passive Subject (Debtor/Obligor): The party required to fulfill the obligation.
- Prestation: The object of the obligation, which may involve giving, doing, or refraining from doing.
- Efficient Cause: The juridical tie that binds the parties; the source of obligation.
- Causa (Causa debendi): The underlying reason why the obligation exists.
Types of Damages
- Damages refer to monetary compensation for injury or harm incurred by the obligee due to the obligor's violation of rights.
Kinds of Obligations by Sanction
- Civil Obligation: Enforceable in court; judicial process applies if not fulfilled when due.
- Natural Obligation: Not enforceable in court but allows for voluntary retention of payment made by the debtor; prompted by conscience and equitable considerations.
- Moral Obligation: Motivated by conscience or morality, particularly within the context of religious obligations.
Prestations Defined
- To Give: Involves delivery of goods (sales, deposits, pledges, donations).
- To Do: Encompasses various services (professional contracts).
- Not to Do: Involves refraining from certain actions, related to compliance with rules and regulations.
Requisites of Prestation/Object
- Licit: The object must be lawful; any illicit object is void.
- Possible: The object must be possible to fulfill; impossible obligations are void.
- Determinate or Determinable: The object must be specific or identifiable; otherwise, it is void.
- Pecuniary Value: The object should carry monetary value.
Key Legal Terms
- Injury: A wrongful act or omission causing loss or harm to another.
- Damage: The consequence of injury, resulting in loss.
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Description
This quiz explores the concept of obligations, including their definitions and types. It covers both negative and unilateral obligations, as well as the elements that comprise obligations in legal terms. Understand how contracts and different viewpoints of the parties involved shape obligations.
