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Questions and Answers
Not all obligations must include a penal clause; it must be explicitly stipulated.
Not all obligations must include a penal clause; it must be explicitly stipulated.
True (A)
Active solidarity exists when there are multiple debtors, and each can demand full compliance.
Active solidarity exists when there are multiple debtors, and each can demand full compliance.
False (B)
A penal clause serves as compensation for non-fulfillment of an obligation.
A penal clause serves as compensation for non-fulfillment of an obligation.
True (A)
Dation in payment involves paying money to extinguish a debt.
Dation in payment involves paying money to extinguish a debt.
In joint obligations, each debtor is liable for the entire amount owed.
In joint obligations, each debtor is liable for the entire amount owed.
Payment to any solidary creditor extinguishes the debt.
Payment to any solidary creditor extinguishes the debt.
Liability for quasi-delict is typically joint rather than solidary.
Liability for quasi-delict is typically joint rather than solidary.
Legal tender must be accepted by the creditor to fulfill a debt payment.
Legal tender must be accepted by the creditor to fulfill a debt payment.
In a negative personal obligation, the duty of the obligor is to perform an act.
In a negative personal obligation, the duty of the obligor is to perform an act.
The remedy for a violation of a negative obligation can include damages.
The remedy for a violation of a negative obligation can include damages.
Mora solvendi refers to the delay on the part of the creditor.
Mora solvendi refers to the delay on the part of the creditor.
Ordinary delay is considered a breach of obligation.
Ordinary delay is considered a breach of obligation.
Compensatio morae cancels the delay of both the obligor and the obligee in reciprocal obligations.
Compensatio morae cancels the delay of both the obligor and the obligee in reciprocal obligations.
A demand is a mere reminder for the debtor to fulfill their obligation.
A demand is a mere reminder for the debtor to fulfill their obligation.
The requisites for delay include the debtor's failure to perform their obligation on the agreed date.
The requisites for delay include the debtor's failure to perform their obligation on the agreed date.
Delay on the part of the creditor without justifiable reason is known as Mora solvendi.
Delay on the part of the creditor without justifiable reason is known as Mora solvendi.
A guard sleeping while on duty is considered a case of gross negligence.
A guard sleeping while on duty is considered a case of gross negligence.
Driving a car without headlights at night is considered gross negligence.
Driving a car without headlights at night is considered gross negligence.
The types of diligence required include the diligence agreed upon, legal requirements, and ordinary diligence.
The types of diligence required include the diligence agreed upon, legal requirements, and ordinary diligence.
A fortuitous event refers to any event that can be easily anticipated and controlled.
A fortuitous event refers to any event that can be easily anticipated and controlled.
Force majeure includes natural disasters but not acts of man.
Force majeure includes natural disasters but not acts of man.
Driving at a speed of 60 kilometers per hour is always permissible regardless of traffic conditions.
Driving at a speed of 60 kilometers per hour is always permissible regardless of traffic conditions.
Ordinary diligence is the highest standard of care expected from an obligor in fulfilling obligations.
Ordinary diligence is the highest standard of care expected from an obligor in fulfilling obligations.
Natural accidents like earthquakes fall under the definition of fortuitous events.
Natural accidents like earthquakes fall under the definition of fortuitous events.
The right to rescind by the injured party is absolute and unconditional.
The right to rescind by the injured party is absolute and unconditional.
Judicial rescission requires the injured party to resort to the courts to assert their rights.
Judicial rescission requires the injured party to resort to the courts to assert their rights.
A court can grant a period for a person in default to perform their obligation if just cause exists.
A court can grant a period for a person in default to perform their obligation if just cause exists.
Rescission is available as a remedy even if the subject matter is in the hands of a third person in good faith.
Rescission is available as a remedy even if the subject matter is in the hands of a third person in good faith.
Rescission can be granted for slight or casual breaches of contract.
Rescission can be granted for slight or casual breaches of contract.
Ordinary fortuitous events are those events that the contracting parties could not reasonably foresee.
Ordinary fortuitous events are those events that the contracting parties could not reasonably foresee.
Extraordinary fortuitous events include occurrences such as earthquakes and wars.
Extraordinary fortuitous events include occurrences such as earthquakes and wars.
The percentage of the amount not paid is the primary factor in determining the substantiality of a breach.
The percentage of the amount not paid is the primary factor in determining the substantiality of a breach.
A fortuitous event must be impossible to avoid for it to be considered a valid reason for non-compliance with an obligation.
A fortuitous event must be impossible to avoid for it to be considered a valid reason for non-compliance with an obligation.
The right to rescind can only be waived expressly and not impliedly.
The right to rescind can only be waived expressly and not impliedly.
An implied waiver of the right to rescind occurs when a seller accepts a land sold as security for the balance of the price.
An implied waiver of the right to rescind occurs when a seller accepts a land sold as security for the balance of the price.
Participation in the aggravation of injury to the obligee does not affect the status of a fortuitous event.
Participation in the aggravation of injury to the obligee does not affect the status of a fortuitous event.
The debtor is liable for losses if they are guilty of fraud, negligence, or delay, even in the event of a fortuitous event.
The debtor is liable for losses if they are guilty of fraud, negligence, or delay, even in the event of a fortuitous event.
A contract can stipulate that the debtor is not liable for fortuitous events without needing to explicitly express this intention.
A contract can stipulate that the debtor is not liable for fortuitous events without needing to explicitly express this intention.
If a debtor has promised to deliver a specific thing to multiple parties, they cannot comply with their obligations regardless of fortuitous events.
If a debtor has promised to deliver a specific thing to multiple parties, they cannot comply with their obligations regardless of fortuitous events.
The principle 'genus never perishes' indicates that a debtor can fulfill their obligation by delivering another generic item of the same kind.
The principle 'genus never perishes' indicates that a debtor can fulfill their obligation by delivering another generic item of the same kind.
A period can refer to past events unknown to the parties.
A period can refer to past events unknown to the parties.
A suspensive period means that the obligation begins only from a certain day.
A suspensive period means that the obligation begins only from a certain day.
A resolutory period means the obligation is valid until a specific date and ends when the period arrives.
A resolutory period means the obligation is valid until a specific date and ends when the period arrives.
The arrival of a period has retroactive effects unless agreed otherwise.
The arrival of a period has retroactive effects unless agreed otherwise.
If a debtor pays before the arrival of a period, Article 1195 applies to any type of obligation.
If a debtor pays before the arrival of a period, Article 1195 applies to any type of obligation.
A condition that depends solely on the debtor's will can invalidate the obligation.
A condition that depends solely on the debtor's will can invalidate the obligation.
An indefinite period is fixed or it is known when it will come.
An indefinite period is fixed or it is known when it will come.
A conventional period is determined by the law.
A conventional period is determined by the law.
Flashcards
Negligence
Negligence
Failing to act with the care and attention expected of a reasonable person in a given situation. It can involve a lack of reasonable care, skill, or knowledge.
Gross Negligence
Gross Negligence
A type of negligence where an action is taken with reckless disregard for the safety of others, usually resulting in serious harm.
Diligence
Diligence
The degree of care and attention required of a person in a given situation. It is the opposite of negligence.
Fortuitous Event
Fortuitous Event
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Force Majeure
Force Majeure
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Acts of Man
Acts of Man
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Acts of God
Acts of God
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Kinds of Diligence
Kinds of Diligence
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Mora Solvendi
Mora Solvendi
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Mora Accipiendi
Mora Accipiendi
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Compensatio Morae
Compensatio Morae
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Undoing of the Forbidden Act
Undoing of the Forbidden Act
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Action for Damages (Obligation Not to Do)
Action for Damages (Obligation Not to Do)
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Demand (Obligation)
Demand (Obligation)
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Specific Performance
Specific Performance
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Judicial Demand
Judicial Demand
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Ordinary Fortuitous Event
Ordinary Fortuitous Event
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Extraordinary Fortuitous Event
Extraordinary Fortuitous Event
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Fortuitous Event and Liability
Fortuitous Event and Liability
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Fortuitous Event Exceptions (Fraud/Negligence)
Fortuitous Event Exceptions (Fraud/Negligence)
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Fortuitous Event Exceptions (Multiple Obligees)
Fortuitous Event Exceptions (Multiple Obligees)
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Fortuitous Event Exceptions (Criminal Offense)
Fortuitous Event Exceptions (Criminal Offense)
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Fortuitous Event Exceptions (Generic Object)
Fortuitous Event Exceptions (Generic Object)
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Suspensive Period
Suspensive Period
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Resolutory Period
Resolutory Period
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Legal Period
Legal Period
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Conventional Period
Conventional Period
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Judicial Period
Judicial Period
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Definite Period
Definite Period
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Indefinite Period
Indefinite Period
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Payment before the Period
Payment before the Period
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Judicial Rescission
Judicial Rescission
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Court's Power to Fix Period
Court's Power to Fix Period
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Third Party Involvement
Third Party Involvement
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Substantial Breach
Substantial Breach
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Waiver of Rescission
Waiver of Rescission
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Mutual Restitution
Mutual Restitution
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Injured Party's Remedies
Injured Party's Remedies
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Right to Rescind
Right to Rescind
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Penal clause
Penal clause
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Solidary obligation
Solidary obligation
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Joint obligation
Joint obligation
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Dation in payment
Dation in payment
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Legal tender
Legal tender
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Study Notes
Assignment No. 1
- An obligation is a juridical necessity to give, do, or not do. It's a legal tie binding one party to render something to another, who can demand fulfillment.
- Obligations are considered juridical necessities as courts can enforce their fulfillment or impose consequences like damages for non-compliance.
- Civil obligations are enforceable in court, based on positive law.
- Natural obligations aren't enforceable in court, but are rooted in equity and natural law. If voluntarily fulfilled, the debtor can't reclaim what was given.
- Four essential requisites of an obligation are: the passive subject (debtor), the active subject (creditor), the object or prestation (subject matter), and the juridical/legal tie (source of the obligation).
- Parties in an obligation are the debtor (who has the duty) and the creditor (who has the right). For example, in a loan, the borrower is the debtor and the lender is the creditor.
- Types of obligations are not specified in this section.
Assignment No. 2
- A specific/determinate thing is identified and physically separated from others. A generic/indeterminate thing is part of a class or group.
- A generic thing cannot perish; the debtor remains liable to deliver a thing of the same kind.
- Duties of a debtor for delivery of a specific thing include preserving it, delivering its fruits, accessions, and accessories, and delivering the thing itself.
- Accessories are supplemental items that enhance a principal thing (e.g., keys to a house). Accessions are additions made to a principal thing (e.g., fruits, improvements).
- "Proper diligence of a good father of a family" refers to the ordinary care a reasonable person would exercise over their property.
Assignment No. 3
- Real obligation—obligation to transfer ownership of a thing.
- Personal obligation—obligation to perform an act.
- Quasi-contract—juridical relation deriving from lawful, voluntary, and unilateral acts to prevent unjust enrichment.
- Examples of Quasi-contracts—negotiorum gestio (managing another's property), solutio indebiti (involuntary payment of money).
- Crime—violation of criminal law; quasi-delict—negligence causing damage to another.
- Requisites of quasi-delict—act or omission by defendant, negligence of the defendant, damage to the plaintiff, direct causal connection between action/omission and damage, no pre-existing contractual relation.
Assignment No. 4
- Obligations with a period—obligations that take effect when a specific future, certain time arrives.
- Term or period—a future, certain event marking the beginning or ending of an obligation.
- Period vs. Condition: A period's result is guaranteed, whereas a condition's is uncertain.
- Differences between periods and conditions: The period is always future, certain, and known in advance; the condition is uncertain. The Period refers only to the future; the condition can refer to the past.
- Distinctions: Period specifies a definite time, whereas a condition is uncertain; a period has no effect on the existence of the obligation itself; a condition suspends or resolves an obligation.
Assignment No. 5
- Period—future, ascertainable date for the start or end of an obligation. Distinguished from conditions (future, uncertain events) affecting obligation commencement or termination.
- A period affects the demandability of an obligation, while a condition affects the existence of the obligation or right.
- When a period is set by the parties—"conventional period."
- When a period is set by law—"legal period."
- "Judicial period"—when a court determines the period.
- "Definite period"—when the exact date is known.
- "Indefinite period"—when the exact date is unknown but the event is definite.
Assignment No. 6
- Determining how a period is calculated (e.g., years, months, days, hours).
- Circumstances where the court may set a period.
- Cases when an obligation becomes immediately demandable despite a set period.
- Consequences of a debtor fulfilling an obligation before a period begins, and conditions on when this is possible.
Assignment No. 7
- Overview of the general rules on how an obligation is fulfilled, and when the party responsible for non-fulfillment can take action and the potential outcomes.
Assignment No. 8
- Explanation of situations when one party violates an obligation.
- Discussion of how the law determines liability when both parties breach a reciprocal agreement.
Assignment No. 9
- Summary of types of obligations and how they're distinguished.
- Clarification between pure, conditional, and obligations with a period.
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Description
This quiz explores the concept of legal obligations, including their definitions, types, and essential requisites. It distinguishes between civil and natural obligations and examines the roles of debtors and creditors. Perfect for students studying law or related fields.
