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Questions and Answers
What is the consequence of breaching an obligation?
Which of the following best describes a civil obligation?
What is the sanction for a natural obligation?
How does a contract relate to an obligation?
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What is the active subject in an obligation?
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Which type of obligation includes the obligation not to do certain acts?
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What is the prestation in an obligation?
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Which element of obligation is the JURIDICAL TIE that binds the parties?
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What type of obligation arises from stipulations of the parties in a formal agreement?
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What must prestations or objects in an obligation be in order to be considered valid?
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What is the key feature of a civil obligation?
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In the context of natural obligation, what is the effect when there is prescription of duty to pay, but the obligor voluntarily pays the obligee?
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What is the distinguishing factor of a moral obligation?
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How does an obligation related to a contract in terms of causation?
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What is the efficient cause in an obligation?
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In an obligation to refrain from doing certain acts, it is considered a:
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What is the term for a wrongful act or omission which causes loss or harm to another?
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Which type of obligation is imposed by law itself and cannot be presumed?
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What must prestations or objects in an obligation be in order to be considered valid?
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Which element of an obligation refers to the person who is demanding the performance of the obligation?
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Study Notes
Consequences of Breaching an Obligation
- Breaching an obligation typically results in legal consequences or liability for damages.
- Affected party may seek compensation through legal action.
Civil Obligation Definition
- A civil obligation is a legal duty enforceable by law.
- It allows the obligee to demand performance or seek remedy in case of non-compliance.
Sanction for Natural Obligation
- Natural obligations do not have legal enforcement; thus, the sanction is typically moral rather than legal.
- Voluntary performance of a natural obligation cannot be reclaimed.
Relation of Contract to Obligation
- A contract is a source of obligation established through mutual agreement.
- It defines the rights and duties of the parties involved.
Active Subject in an Obligation
- The active subject, known as the obligee, is the individual or entity entitled to demand performance.
Type of Obligation Regarding Inaction
- Obligations that include the duty not to perform certain acts are classified as negative obligations.
Prestation in an Obligation
- Prestation refers to the specific performance or act that is required under the obligation.
- It can involve delivering goods, providing services, or abstaining from actions.
Juridical Tie Element
- The juridical tie, or legal bond, is the element of obligation that connects the parties and establishes their rights and responsibilities.
Obligation from Formal Agreement Stipulations
- Obligations arising from the stipulations of parties in a formal agreement are called contractual obligations.
Validity of Prestations in an Obligation
- For prestations to be valid, they must be lawful, possible, and determinate or determinable.
Key Feature of Civil Obligation
- The key feature is its enforceability by law, allowing the obligee to seek judicial intervention.
Natural Obligation and Voluntary Payment
- In cases of natural obligations where the duty to pay has prescribed, if the obligor pays voluntarily, the payment is valid and cannot be reclaimed.
Distinguishing Factor of Moral Obligation
- Moral obligations lack legal enforceability but carry ethical considerations and expectations of honor or fairness.
Causation in Contractual Obligations
- An obligation's relation to a contract often involves the cause behind its creation, involving mutual consent or agreement.
Efficient Cause in an Obligation
- The efficient cause refers to the circumstance or reason that necessitates the creation of the obligation.
Obligation to Refrain from Certain Acts
- An obligation to refrain from performing a specific act is classified as a negative obligation.
Term for Wrongful Act Causing Harm
- A wrongful act or omission causing loss to another is termed 'tort.'
Type of Obligation Imposed by Law
- Obligations imposed by law, which cannot arise from mere presumptions, are classified as legal obligations.
Validity Requirements for Prestations
- Prestations must be legal, possible, and properly identified to be recognized as valid.
Element Referencing Obligation Demand
- The person demanding the performance of an obligation is known as the active subject or obligee.
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Description
Test your understanding of general provisions, juridical necessity, obligations, contracts, and damages as covered in Chapter 1 of the Reviewer I - Obligations textbook.
