Review I - Obligations Chapter 1 Quiz
20 Questions
4 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the consequence of breaching an obligation?

  • The obligee will be fined.
  • The case will be settled out of court.
  • The obligor will face legal sanctions. (correct)
  • The obligation will be automatically nullified.

    • Which of the following best describes a civil obligation?

  • It is a duty based solely on conscience or morality.
  • It is enforceable through action in court and based on law. (correct)
  • It is based on equity and natural law, and cannot be enforced in court.
  • It authorizes the retention of voluntary payment by the debtor.

    • What is the sanction for a natural obligation?

  • Conscience or morality (correct)
  • Prescription of duty to pay
  • Legal sanctions
  • Judicial due process

    • How does a contract relate to an obligation?

    <p>A contract necessarily gives rise to an obligation.</p> Signup and view all the answers

    What is the active subject in an obligation?

    <p>Creditor / Obligee</p> Signup and view all the answers

    Which type of obligation includes the obligation not to do certain acts?

    <p>Negative obligation</p> Signup and view all the answers

    What is the prestation in an obligation?

    <p>Object; subject matter of the obligation; conduct required to be observed by the debtor</p> Signup and view all the answers

    Which element of obligation is the JURIDICAL TIE that binds the parties?

    <p>Efficient Cause</p> Signup and view all the answers

    What type of obligation arises from stipulations of the parties in a formal agreement?

    <p>Contractual obligation (Obligation ex contractu)</p> Signup and view all the answers

    What must prestations or objects in an obligation be in order to be considered valid?

    <p>Licit, possible, determinate or determinable, and of pecuniary value</p> Signup and view all the answers

    What is the key feature of a civil obligation?

    <p>The sanction is judicial due process</p> Signup and view all the answers

    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?

    <p>The obligor cannot recover the payment even if there is prescription</p> Signup and view all the answers

    What is the distinguishing factor of a moral obligation?

    <p>The sanction is conscience or morality</p> Signup and view all the answers

    How does an obligation related to a contract in terms of causation?

    <p>A contract necessarily gives rise to an obligation</p> Signup and view all the answers

    What is the efficient cause in an obligation?

    <p>The juridical tie</p> Signup and view all the answers

    In an obligation to refrain from doing certain acts, it is considered a:

    <p>Negative obligation</p> Signup and view all the answers

    What is the term for a wrongful act or omission which causes loss or harm to another?

    <p>Injury</p> Signup and view all the answers

    Which type of obligation is imposed by law itself and cannot be presumed?

    <p>Natural obligation</p> Signup and view all the answers

    What must prestations or objects in an obligation be in order to be considered valid?

    <p>Possible and determinate</p> Signup and view all the answers

    Which element of an obligation refers to the person who is demanding the performance of the obligation?

    <p>Active subject</p> Signup and view all the answers

    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.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    Test your understanding of general provisions, juridical necessity, obligations, contracts, and damages as covered in Chapter 1 of the Reviewer I - Obligations textbook.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser