Podcast
Questions and Answers
What is the primary characteristic of a personal right in contrast to a real right?
What is the primary characteristic of a personal right in contrast to a real right?
- It can be enforced against multiple parties.
- It applies exclusively to real property.
- It involves a definite passive subject.
- It is only binding on a particular person. (correct)
How can ownership and other real rights be acquired according to the content?
How can ownership and other real rights be acquired according to the content?
- Exclusively by purchase transactions.
- Through verbal agreements and personal arrangements.
- Only through delivery.
- By law, donation, testate succession, or certain contracts. (correct)
In the context of a delivery in sale, what happens when the sold item is determined?
In the context of a delivery in sale, what happens when the sold item is determined?
- The buyer must wait for a definitive agreement to take possession.
- The creditor can deny the claim until verification occurs.
- The ownership is transferred from the vendor to the vendee. (correct)
- The seller remains the owner until payment is made.
What does Article 1170 empower the creditor to do regarding the delivery of a thing?
What does Article 1170 empower the creditor to do regarding the delivery of a thing?
What distinguishes real rights from personal rights based on the presentation?
What distinguishes real rights from personal rights based on the presentation?
What is the nature of responsibility arising from fraud in obligations?
What is the nature of responsibility arising from fraud in obligations?
In terms of negligence, what distinguishes contractual negligence from civil negligence?
In terms of negligence, what distinguishes contractual negligence from civil negligence?
Which of the following statements about waiver in liability is accurate?
Which of the following statements about waiver in liability is accurate?
What is a key characteristic of criminal negligence?
What is a key characteristic of criminal negligence?
How does the court approach the measure of damages in cases of negligence?
How does the court approach the measure of damages in cases of negligence?
Which type of negligence does not have a prior contract?
Which type of negligence does not have a prior contract?
What can be said about mutual negligence?
What can be said about mutual negligence?
What is a defining feature of aquiliana obligations?
What is a defining feature of aquiliana obligations?
When both contract and law are silent, what legal principle applies regarding the degree of care required?
When both contract and law are silent, what legal principle applies regarding the degree of care required?
What must be proven by a party claiming an obligation in a legal dispute?
What must be proven by a party claiming an obligation in a legal dispute?
What is a fortuitous event in the context of obligations?
What is a fortuitous event in the context of obligations?
Under what conditions is a person not responsible for unforeseeable events?
Under what conditions is a person not responsible for unforeseeable events?
Which type of event is classified as an 'act of God'?
Which type of event is classified as an 'act of God'?
What characterizes an event that is 'independent of the will of the obligor'?
What characterizes an event that is 'independent of the will of the obligor'?
Which of the following is NOT an example of a fortuitous event?
Which of the following is NOT an example of a fortuitous event?
What is typically true regarding extraordinary risks?
What is typically true regarding extraordinary risks?
What does the Central Bank Circular No. 905 specifically address regarding interest?
What does the Central Bank Circular No. 905 specifically address regarding interest?
Which of the following best defines the term 'conclusive presumption' in the context of debt payments?
Which of the following best defines the term 'conclusive presumption' in the context of debt payments?
Under which condition is Article 1176 inapplicable?
Under which condition is Article 1176 inapplicable?
What action is NOT listed as a remedy available to creditors after pursuing a debtor's property?
What action is NOT listed as a remedy available to creditors after pursuing a debtor's property?
Which type of debt presumption can be rebutted with proof to the contrary?
Which type of debt presumption can be rebutted with proof to the contrary?
What is the legal consequence of receiving a later installment of a debt without any reservation?
What is the legal consequence of receiving a later installment of a debt without any reservation?
Which of the following factors does NOT contribute to the establishment of legal remedies for creditors?
Which of the following factors does NOT contribute to the establishment of legal remedies for creditors?
What is the presumption regarding installments in relation to previous payments?
What is the presumption regarding installments in relation to previous payments?
Which of the following is explicitly prohibited by law among the identified exceptions?
Which of the following is explicitly prohibited by law among the identified exceptions?
What type of gratuitous contract is mentioned as an exception?
What type of gratuitous contract is mentioned as an exception?
In the context of group activity instructions, what is expected of the group representative?
In the context of group activity instructions, what is expected of the group representative?
Which of the following activities must a group complete within a specified time limit?
Which of the following activities must a group complete within a specified time limit?
What must the group do after the time limit for answering is reached?
What must the group do after the time limit for answering is reached?
What is a potential prohibition based on stipulation of parties?
What is a potential prohibition based on stipulation of parties?
Which statement best reflects the nature of agency in contractual exceptions?
Which statement best reflects the nature of agency in contractual exceptions?
What is required from group members in terms of communication?
What is required from group members in terms of communication?
Study Notes
Personal and Real Rights
- Personal Right is binding against a specific person
- Real Right is directed against the whole world
- Personal Right has a definite active and passive subject
- Real Right only has a definite active subject
Ownership
- Ownership and other Real Rights are acquired by law, donation, succession, or contracts.
- Delivery is required for the transfer of ownership, especially in sales contracts.
- Indeterminate or Generic things can be complied with at the expense of the debtor.
Negligence
- Contractual Negligence arises from a prior contract, with prior existing obligations
- Civil Negligence (aquilana) arises from tort or quasi-delict, not a source of obligation
- Criminal Negligence results in the commission of a crime.
Diligence
- Diligence is the degree of care required, which is higher for greater risk.
- Extraordinary Risk demands Extraordinary Diligence.
Fortuitous Events
- Fortuitous Event is an extraordinary event that is impossible to foresee or avoid.
- Acts of Man are independent of the obligor's will (e.g., fire, war, robbery).
- Acts of God are independent of every human being's will (e.g., earthquake, flood).
- Obligor is not liable for Fortuitous Events unless they are related to Usury Laws (excessive interest).
Presumptions
- Presumption is the inference of a fact not actually known.
- Conclusive Presumption cannot be contradicted or overturned.
- Disputable Presumption can be rebutted with proof to the contrary
- Receipt of a later installment without reservation presumes previous installments have been paid.
Remedies For Creditors
- Creditors can pursue the debtor's property, exercise their rights, and bring actions to satisfy their claims.
- Exceptions: prohibited by law (partnerships, agencies, gratuitous commodatum) or stipulation of parties.
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Description
Explore the distinctions between personal and real rights, ownership principles, and the nuances of negligence. This quiz covers essential legal concepts relevant to contracts and the duties of care. Test your understanding of these critical aspects of law.
