Situational Problem: Obligation and Contracts by Hector De Leon
14 Questions
27 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

Which of the following best describes the effect of Article 1176 on obligations?

  • It imposes strict liability on the obligor.
  • It requires the obligor to seek consent from a third party to fulfill the obligation.
  • It allows the obligor to be relieved from liability if force majeure is proven. (correct)
  • It provides a grace period for the obligor to fulfill the obligation.

    • How does Article 1177 affect the performance of an obligation?

  • It allows the obligor to substitute another performance in place of the original obligation.
  • It imposes a penalty on the obligor for non-performance.
  • It extends the period for fulfilling the obligation when there is just cause. (correct)
  • It invalidates the obligation if not performed within a specific period.

    • In what way does Article 1178 impact the fulfillment of obligations?

  • It limits the obligor's capacity to fulfill the obligation to monetary compensation only.
  • It requires the obligor to perform multiple obligations simultaneously.
  • It provides a legal excuse for the obligor's non-performance. (correct)
  • It allows the obligor to assign the obligation to a third party without consent.

    • What is the impact of Article 1230 on obligations under Hector De Leon's work?

    <p>It allows for partial fulfillment of obligations in certain cases.</p> Signup and view all the answers

    What is the meaning of the term 'obligation' as derived from the Latin word 'obligatio'?

    <p>A juridical necessity to give, to do or not to do</p> Signup and view all the answers

    According to Manresa, how does he define the term 'obligation'?

    <p>A legal relation established whereby one is bound to fulfill a prestation which the other party may demand</p> Signup and view all the answers

    Why is an obligation considered a juridical necessity?

    <p>Because courts of justice may enforce its fulfillment in case of non-compliance</p> Signup and view all the answers

    In what aspect does Article 1156 of the Civil Code give the definition of obligation?

    <p>Passive aspect</p> Signup and view all the answers

    What does the term 'juridical necessity' imply in the context of obligations?

    <p>It implies that courts of justice may enforce its fulfillment or its economic value in case of non-compliance</p> Signup and view all the answers

    What is the term used to describe the sum of money given as compensation for the harm suffered by the creditor for the violation of his rights?

    <p>Liquidated damages</p> Signup and view all the answers

    In bilateral obligations, the parties are reciprocally debtors and creditors due to which essential element of an obligation?

    <p>Object or prestation</p> Signup and view all the answers

    What is the term used to describe obligations not based on positive law but on equity and natural law, and do not grant a right of action to enforce their performance?

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

    What is the term used to describe the conduct required to be observed by the debtor, which may consist of giving, doing, or not doing?

    <p>Object or prestation</p> Signup and view all the answers

    According to the text, under what condition may a debtor not recover what has been delivered or rendered by reason of voluntary fulfillment?

    <p>In case of natural obligations</p> Signup and view all the answers

    Study Notes

    Effects of Articles on Obligations

    • Article 1176 affects obligations by modifying their performance.
    • Article 1177 impacts the performance of an obligation.
    • Article 1178 affects the fulfillment of obligations.

    Definition of Obligation

    • The term "obligation" is derived from the Latin word "obligatio".
    • According to Manresa, an obligation is defined as a juridical necessity.
    • An obligation is considered a juridical necessity because it is a legally binding requirement.
    • Article 1156 of the Civil Code provides a definition of obligation.

    Characteristics of Obligations

    • In bilateral obligations, the parties are reciprocally debtors and creditors due to the existence of a reciprocal obligation.
    • Juridical necessity implies a legally binding requirement in the context of obligations.

    Types of Obligations and Fulfillment

    • Obligations not based on positive law but on equity and natural law, and do not grant a right of action to enforce their performance, are called natural obligations.
    • The term used to describe the conduct required to be observed by the debtor is "prestation", which may consist of giving, doing, or not doing.

    Consequences of Fulfillment

    • Under certain conditions, a debtor may not recover what has been delivered or rendered by reason of voluntary fulfillment.

    Studying That Suits You

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

    Quiz Team

    Description

    Test your understanding of obligations and contracts with a situational problem based on the concepts from Article 1176 to Article 1230 of Hector De Leon's book. Analyze a scenario and apply the principles of obligations and contracts to solve the problem.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser