Chapter 1 - 3

Front 1

There are two or more debtors and/or two or more creditors

Back 1

Collective obligation

Front 2

Obligation with only one prestation

Back 2

Simple obligation

Front 3

A juridical necessity to give, to do, and not to do

Back 3

Obligation

Front 4

In case of non-compliance, courts of justice may be called upon by the aggrieved party to enforce fulfillment

Back 4

Juridical necessity

Front 5

Obligations which give the creditor or obligee a right under the law to enforce the performance in courts of justice

Back 5

Civil obligations

Front 6

Not based on positive law but on equity and natural law

Back 6

Natural obligations

Front 7

Essential requisites of an obligation

Back 7

1. Passive subject

2. Active subject

3. Object or prestation

4. Juridical or legal tie

Front 8

A person who's bound to the fulfillment of the obligation; who has a duty

Back 8

Passive subject (debtor or obligor)

Front 9

Person who is entitled to demand the fulfillment of the obligation; who has a right

Back 9

Active subject (creditor or obligee)

Front 10

Subject matter of the obligation; conduct required to be observed by the debtor

Back 10

Object or prestation

Front 11

Efficient cause; it binds or connects the parties to the obligation.

Back 11

Legal tie

Front 12

Form/s of an obligation

Back 12

It may be oral, in writing, or partly oral and partly in writing

Front 13

Power which a person has under the law

Back 13

Right

Front 14

An act or ommission of one party in violation of the legal right/s

Back 14

Legal wrong

Front 15

Kinds of obligation according to subject matter

Back 15

1. Real obligation (obligation to give)

2. Personal obligation (obligation to do or not to do)

Front 16

Sources of obligation

Back 16

1. Law

2. Contracts

3. Quasi-contracts

4. Delicts

5. Quasi-delicts

Front 17

Source of obligation arising from law

Back 17

Law

Front 18

Source of oblogation arising from the stipulation of the parties

Back 18

Contracts

Front 19

Source of obligation arising from lawful, voluntary and unilateral acts

Back 19

Quasi-contracts

Front 20

Source of obligation arising from civil liability

Back 20

Crimes or delicts

Front 21

Source of obligation arising from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists.

Back 21

Quasi-delicts or torts

Front 22

All other laws not contained in the civil code

Back 22

Special laws

Front 23

Examples of special laws

Back 23

1. Corporation code

2. Negotiable instruments law

3. Insurance code

4. National internal revenue code

5. Revised penal code

6. Labor code

Front 24

3 essential elements of a contract

Back 24

1. Consent

2. Object

3. Cause/consideration

Front 25

Meeting of minds between two persons

Back 25

Contract

Front 26

When a party fails or refuses to comply

Back 26

Breach of contract

Front 27

Compliance or performance in accordance with the stipulations or terms of the contract or agreement.

Back 27

Compliance in good faith

Front 28

Principal kinds of quasi-contracts

Back 28

1. Negotiorum gestio

2. Solutio indebiti

Front 29

Voluntary management of the property or affairs of another without the knowledge or consent of the latter

Back 29

Negotiorum gestio

Front 30

Created when something is received when there is no right to demand it and was unduly delivered through mistake

Back 30

Solutio indebiti

Front 31

Scope of civil liability

Back 31

1. Restitution

2. Reparation for the damage caused

3. Indemnification for consequential damage

Front 32

Particularly designated or physically segregated others of the same class

Back 32

Specific or deteminate

Front 33

Refers to a class or genus to which it pertains and cannot be pointed out with particularity

Back 33

Generic or indeterminate

Front 34

5 duties of debtor in obligation to give a determinate thing

Back 34

1. Preserve the thing

2. Deliver the fruits of the thing

3. Deliver the accessories and accessions

4. Deliver the thing itself

5. Answer for damages in case of non-fulfillment or breach

Front 35

Spontaneous products of the soil, and the young and other products of animals

Back 35

Natural fruits

Front 36

Produced by lands of any kind through cultivation or labor

Back 36

Industrial fruits

Front 37

Derived by virtue of a juridical relation

Back 37

Civil fruits

Front 38

Birth of the contract or to the meeting of the minds between the parties

Back 38

Perfection of the contract

Front 39

Right or power of a person to demand from another

Back 39

Personal right

Front 40

Right or interest of a person over a specific thing

Back 40

Real right

Front 41

Obligation to deliver a determinate thing

Back 41

Specific real obligation

Front 42

Demand to the court for compliance

Back 42

Specific performance

Front 43

Obligation to deliver a generic thing

Back 43

Generic real obligation

Front 44

Fruits of a thing or additions to or improvements upon a thing

Back 44

Accessions

Front 45

Things joined to or included with the principal thing for the latter's embellishment, better use or completion

Back 45

Accessories

Front 46

It will only set in after a demand is made

Back 46

Delay

Front 47

Failure to perform an obligation on time

Back 47

Ordinary delay

Front 48

Failure to perform an obligation on time which constitutes a breach of the obligation

Back 48

Legal delay or default or mora

Front 49

Kinds of delay or default

Back 49

1. Mora solvendi

2. Mora accipiendi

3. Compensatio morae

Front 50

Delay on the part of the debtor to fulfill his obligation

Back 50

Mora solvendi

Front 51

Delay on the part of the creditor to accept the performance of the obligation

Back 51

Mora accipiendi

Front 52

Delay of the obligors in reciprocal obligations; delay on both parties

Back 52

Compensatio morae

Front 53

Sources of damages

Back 53

1. Fraud (deceit or dolo)

2. Negligence (fault or culpa)

3. Delay (mora)

4. Contravention of the terms of the obligation

Front 54

Deliberate id intentional evasiom of the normal fulfillment of an obligation

Back 54

Fraud

Front 55

Committed in the performance of an obligation already existing because of contract

Back 55

Incidental fraud

Front 56

Fraud employed in the execution of a contract, which vitiates consent

Back 56

Causal fraud

Front 57

Any voluntary acts or omission, which prevents the normal fulfillment of an obligation

Back 57

Negligence

Front 58

Violation of the terms and conditions stipulated in the obligation

Back 58

Contravention of the terms of an obligation

Front 59

Kinds of negligence according to source of obligation

Back 59

1. Contractual negligence

2. Civil negligence

3. Criminal negligence

Front 60

Negligence in contracts resulting in their breach

Back 60

Contractual negligence

Front 61

Source of an obligation between the parties not so related before by any pre-existing contract

Back 61

Civil negligence

Front 62

Negligence resulting in the commission of a crime

Back 62

Criminal negligence

Front 63

Factors to be conaidered in negligence

Back 63

1. Nature of the obligation

2. Circumstances of the person

3. Circumstances of time

4. Circumstances of the place

Front 64

Money compensation to a party for loss or injury resulting from breach of contract or obligation

Back 64

Damages

Front 65

Kinds of diligence required

Back 65

1. Requirements of the law

2. Agreement of the parties

3. Diligence of a good father

Front 66

Any event which cannot be foreseen, or though foreseen, is inevitable.

Back 66

Fortuitous event

Front 67

1. Acts of man

2. Acts of god

Back 67

1. Fortuitous event

2. Force majeure

Front 68

Events which are common and could reasonably be foreseen

Back 68

Ordinary fortuitous event

Front 69

Uncommon and cant be foreseen

Back 69

Extraordinary fortuitous event

Front 70

Contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, chattels or credits

Back 70

Usury

Front 71

Inference of a fact not actually known arising from its usual connection with another wgich is known or proved

Back 71

Presumption

Front 72

Kinds of presumption

Back 72

1. Conclusive presumption (cannot be contradicted)

2. Disputable presumption (can be contradicted or rebutted by proof of evidence)

Front 73

Not subject to any condition and no specific date is mentioned for its fulfillment and is immediately demandable

Back 73

Pure obligation

Front 74

Consequences are subject in one way or another to the fulfillment of a condition

Back 74

Conditional obligation

Front 75

A future and uncertain event

Back 75

Condition

Front 76

Principle kinds of condition

Back 76

1. Suspensive condition (will give rise to an obligation)

2. Resolutory condition (will extinguish an obligation)

Front 77

Future ans certain event

Back 77

Period

Front 78

A condition suspensive in nature and which depends upon the sole will of one of the contracting parties

Back 78

Potestative condition (void)

Front 79

Suspensive condition depends upon chance or the will of a third person

Back 79

Causal condition (valid)

Front 80

Suspensive condition depends upon chance and partly upon the will of a third person

Back 80

Mixed condition

Front 81

Kinds of impossible conditions

Back 81

1. Physically impossible conditions

2. Legally impossible conditions

Front 82

Happening of an event at a determinate time

Back 82

Positive condition

Front 83

Event will not happen at a determinate time

Back 83

Negative condition

Front 84

Article 1189

Back 84

When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:

1. If the thing is lost without the fault of the debtor, obligation shall be extinguished

2. If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that tge thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered

3. When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor

4. If it deteriorates through the fault of the debtor, the creditor may choose between the rescission of the obligation and its fulfillment, with indemnity for damages in either case

5. If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor

6. If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.

Front 85

Right to enjoy the use and fruits of a thing belonging to another

Back 85

Usufruct

Front 86

Effects or consequences are subjected in one way or another to the expiration or arrival of said period or term

Back 86

Obligation with a period

Front 87

Kinds of period according to source

Back 87

1. Legal period - provided by law

2. Conventional period - agreed to by the parties

3. Judicial period - fixed by the court

Front 88

Benefit of both the creditor and debtor

Back 88

Benefit of period

Front 89

More liabilities than assets

Back 89

Insolvent

Front 90

Obligation with two or more prestations

Back 90

Compound obligation

Front 91

Obligation with only one prestation

Back 91

Simple obligation

Front 92

Compound obligation with several prestations and all of them are due

Back 92

Conjunctive obligation

Front 93

Compound obligation where two or more of the prestations is due

Back 93

Distributive obligation

Front 94

Distributive obligation where several prestations are due but performance of one is sufficient

Back 94

Alternative obligation

Front 95

Distributive obligation where only one prestation is due but the debtor may substitute another

Back 95

Facultative obligation

Front 96

Obligation with various prestations that are due but the performance of one of them is sufficient as determined by the choice of the debtor

Back 96

Alternative obligation

Front 97

Until the choice is made and communicated, the obligation remains alternative

Back 97

Effect of notice

Front 98

There is only one obligor or one obligee

Back 98

Individual obligation

Front 99

Whole obligation is to be paid or fulfilled proportionately by diferent debtors and to be demanded proportionately by different creditors

Back 99

Joint obligation

Front 100

Each one of the debtors is bound to render each of the creditors and/or each one of the creditor has a right to demand

Back 100

Solidary obligation

Front 101

Kinds of solidarity according to parties bound

Back 101

1. Passive solidarity - part of the debtors

2. Active solidarity - part of the creditors

3. Mixed solidarity - part of both debtors and creditors

Front 102

There are two or more debtors and/or two or more creditors

Back 102

Collective obligation

Front 103

Kinds of obligation according to source

Back 103

1. Conventional solidarity - agreed upon by parties

2. Legal solidarity - imposed by law

3. Real solidarity - imposed by nature of the obligation

Front 104

Obligation is joint because the parties are merely proportionately liable. Indivisible because the object is not physically divisible into different parts

Back 104

Joint indivisible obligation

Front 105

Kinds of solidary obligations according to legal tie

Back 105

1. Uniform - same stipulations

2. Non-uniform or varied - not subject to same stipulations

Front 106

One acquires ownership and other rights through the lapse of time in the manner and under the conditions laid down by law

Back 106

Prescription

Front 107

Delivery or performance of an object is capable of partial fulfillment

Back 107

Divisible obligation

Front 108

Delivery or performance of an object is not capable of partial fulfillment

Back 108

Indivisible obligation

Front 109

Kinds of division

Back 109

1. Qualitative division

2. Quantitative division

3. Ideal or intellectual division

Front 110

Kinds of indivisibility

Back 110

1. Legal indivisibility

2. Conventional indivisibility

3. Natural indivisibility

Front 111

Can stand by itself and does not depend for it validity and existence upon another obligation

Back 111

Principal obligation

Front 112

Attached to a principal thing; cannot stand alone

Back 112

Accessory obligation

Front 113

Obligation which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach of the prinicipal prestation

Back 113

Obligation with a penal clause

Front 114

Accessory undertaking attached to an obligation to assume greater liability in case of breach, obligation is not fulfilled, or is partly or irregularly complied with

Back 114

Penal clause

Front 115

Purpose of penal clause

Back 115

1. Reparation

2. Punishment

Front 116

Kinds of penal clause as to its orgin

Back 116

1. Legal penal clause - imposed by law

2. Conventional penal clause - stipulation of the parties

Front 117

Kinds of penal clause as to its purpose

Back 117

1. Compensatory penal clause - penalty takes place damages

2. Punitive penal clause - penalty is imposed as punishment for breach

Front 118

Completed the obligation but not in accordance with the specifications of the contract

Back 118

Irregular performance

Front 119

Clearly excessive, unfair and unconscionable

Back 119

Iniquitous or unconscionable