Obligations and Sources of Obligation in Civil Code

PoshDetroit avatar
PoshDetroit
·

Start Quiz

Study Flashcards

18 Questions

What are the primary classifications of obligations under the Civil Code?

Pure and conditional obligations, obligations with a period, alternative and facultative obligations, joint and solidary obligations, divisible and indivisible obligations, obligations with a penal clause

Define a pure obligation.

A pure obligation is one which is not subject to any condition and no specific date is mentioned for its fulfillment, making it immediately demandable.

Give an example of a pure obligation.

Pat promises to pay Joy P1,000.

What is a conditional obligation?

A conditional obligation is one in which the consequences are subject to the fulfillment of a condition.

What are the secondary classifications of obligations under the Civil Code?

Unilateral and bilateral obligations, real and personal obligations, civil and natural obligations, legal, conventional, and penal obligations

When is a demand not necessary in a contract?

When the contract expressly stipulates that demand is not necessary, when time is of the essence, and when demand would be useless.

What is quasi-delict also known as?

Culpa aquiliana

What are the three sources of liability for damages as per Article 1170 of the Civil Code?

Fraud, negligence, delay

What is the intent in fraud according to the text?

To evade the normal fulfillment of the obligation and to cause damage

What does negligence consist of?

Omission of required diligence corresponding to the circumstances

When can a debtor be held liable for delay in fulfilling an obligation?

After the creditor has made a demand

What are the two types of fraud mentioned in the text?

Dolo Causante, Dolo Incidente

What are the five sources of obligations according to Article 1157 of the Civil Code?

The five sources of obligations are: law, contracts, quasi-contracts, acts or omissions punishable by law, and quasi-delicts.

Define a contract based on the text.

A contract is a 'meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.'

What is meant by quasi-contract?

Quasi-contract refers to a lawful, voluntary, and unilateral act based on the maxim that no one shall unjustly enrich himself at the expense of another.

What are the two common forms of quasi-contract mentioned in the text?

The two common forms of quasi-contract are: Solutio indebiti (payment by mistake) and Negotiorum gestio (management of an abandoned business without consent).

What do civil obligations arising from criminal offenses encompass?

Civil obligations arising from criminal offenses encompass provisions for restitution, reparation of damage, indemnification of consequential damages, moral damages, exemplary damages, and nominal damages.

What happens if work is poorly done according to the text?

If work is poorly done, it will be re-done at the debtor's expense.

Explore the different obligations that arise from laws, contracts, quasi-contracts, punishable acts, and quasi-delicts according to Article 1157 of the Civil Code. Understand the consequences for debtors who fail to fulfill their obligations.

Make Your Own Quizzes and Flashcards

Convert your notes into interactive study material.

Get started for free

More Quizzes Like This

Use Quizgecko on...
Browser
Browser