Law 1: Obligations and Contracts 2nd Sem
Order by
15 terms
Terms | Definitions |
|---|---|
 Obligation | A juridical necessity to give, to do, or not to do. It is impressed with the character of enforceability. |
| Requisites of Obligation | 1. Juridical/Legal Tie 2. Active Subject 3. Passive Subject 4. Fact, prestation or service |
| Sources of Obligation | 1. Law 2. Contracts 3. Quasi-contracts 4. Delicts 5. Quasi-delicts |
| Compliance in good faith | Performance in accordance with stipulation, clauses, terms and conditions of the contract |
| Right of the Creditor to the Fruits (Article 1164) | 1. Before delivery - personal right 2. After delivery - real right |
| Personal Right and Real Right distinguished | Personal 1. Personal - jus ad rem, a right enforceable only against a definite person or group of persons. Real - jus ad re, a right enforceable against the whole world. 2. Personal - right pertaining to the person to demand from another, as a definite passive subject, the fulfillment of a prestation to give, to do, or not to do. Real - right pertaining to a person, over a specific thing, without a passive subject, individually determined against whom such right may be personally enforced. |
| Different Kinds of Obligation | 1. Pure Obligation - one whose effectivity or extinguishment does not depend upon the fulfillment or non-fulfillment of a condition or upon the expiration of a term or period and characterized by the quality of immediate demandability. 2. Conditional Obligation - one whose effectivity is subordinated to the fulfillment or non-fulfillment of a future and uncertain fact or event. |
| Traditional Classifications of Conditions | 1. Suspensive; Resolutory 2. Potestative; Casual; Mixed 3. Possible; Impossible 4. Positive; Negative 5. Divisible; Indivisible 6. Conjunctive; Alternative 7. Express; Implied |
| Suspensive and Resolutory | Suspensive - when the fulfillment of the condition results in the acquisition of rights arising out of the obligation; or a condition which must be fulfilled before an obligation is enforceable Resolutory - when the fulfillment of the condition results in the extinguishment of rights arising out of the obligation; or a condition that, upon fulfillment, terminates an already enforceable obligation and entitles the parties to be restored to their original positions |
| Potestative, Casual, and Mixed | Potestative - when the fulfillment of the condition depends upon the will of a party to the obligation; or a condition whose fulfillment was completely within the power of the obligated party Casual - when the fulfillment of the condition depends upon chance and/or the will of a third person Mixed - when the fulfillment of the condition depends partly upon the will of a party to the obligation and partly upon chance and/or will of a third person |
| Possible and Impossible | Possible - when the condition is capable of realization according to nature, law, public policy, or good customs Impossible - when the condition is not capable of realization according to nature, law, public policy, or good customs |
| Positive and Negative | Positive - when the condition involves the performance of an act Negative - when the condition involves the omission of an act |
| Divisible and Indivisible | Divisible - when the condition is susceptible of partial realization Indivisible - when the condition is not susceptible to partial realization |
| Conjunctive and Alternative | Conjunctive - when there are several conditions, all of which must be realized Alternative - when there are several conditions, but only one must be realized |
| Express and Implied | Express - when the condition is stated expressly Implied - when the condition is tacit |
First Time Here?
Welcome to Quizlet, a fun, free place to study. Try these flashcards, find others to study, or make your own.