Oblicon

Front 1

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

Back 1

Obligation

Front 2

Any rule of action or any system of uniformity.

Back 2

Law

Front 3

It is the thing that is particularly designated or physically segregated from all others of the same class.

Back 3

Determinate thing

Front 4

Is an act or omission by a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done.

Back 4

Quasi-delict

Front 5

The delay on the part of the debtor to fulfill his obligation.

Back 5

Mora Solvendi

Front 6

The delay on the part of the creditor to accept the performance of the obligation.

Back 6

Mora Accipiendi

Front 7

The right or power of a person to demand from another as a definite passive subject. The fulfillment of the latter’s obligation to give, to do or not to do.

Back 7

Personal right

Front 8

The right or interest of a person over a specific thing without a definite passive subject against whom the right may be personally enforced.

Back 8

Real right

Front 9

The voluntary management of the property or affairs of another without the knowledge or consent of the latter.

Back 9

Negotiorum gestio

Front 10

Is the juridical relation which is created when something is receive when there is no right to demand it and it was unduly delivered through mistake.

Back 10

Solutio indebiti

Front 11

Any event which cannot be foreseen or which, though foreseen is inevitable. Stated otherwise, it is an event which is either impossible to foreseen or impossible to avoid.

Back 11

Fortuitous event

Front 12

It is the deliberate or intentional evasion of the normal fulfillment of an obligation.

Back 12

Fraud

Front 13

Condition the happening of which gives rise to the obligation.

Back 13

Suspensive condition

Front 14

This is a condition the happening of which extinguishes the obligation

Back 14

Resolutory condition

Front 15

A condition that depends upon the will of one of the contracting parties

Back 15

Potestative condition

Front 16

One where the whole obligation is to be paid or fulfilled proportionately by the different debtors or is to be demanded proportionately by the different creditors.

Back 16

Joint obligation

Front 17

One where each one of the debtors is bound to render or each one of the creditors has a right to demand from any of the debtors’ entire compliance with the prestation.

Back 17

Solidary obligation

Front 18

The object or subject matter of the obligation may consist of giving, doing, or not doing something.

Back 18

Prestation

Front 19

Are fruits of a thing or additions to or improvements upon a thing (principal)

Back 19

Accession

Front 20

Are things joined to or included with the principal thing for the latter’s embellishment, better use, or completion.

Back 20

Accessory

Front 21

It consists in the declaration of legal rules by a competent authority.

Back 21

Legislation

Front 22

An accessory undertaking to assume greater liability in case of breach in the obligation

Back 22

Penal clause

Front 23

Gratuitous abandonment by the creditor of his right to the obligation.

Back 23

Condonation

Front 24

Obligation not susceptible of partial performance.

Back 24

Indivisible obligation

Front 25

The condition that some event happens at the determinate time

Back 25

Positive condition

Front 26

The condition that some event will not happen at the determinate time.

Back 26

Negative condition

Front 27

Delivery of the some or thing due with the judicial authority.

Back 27

Consignation

Front 28

Choosing the debt to which payment is to be applied

Back 28

Application of payment

Front 29

The restoration of something lost or stolen to its proper owner.

Back 29

Restitution

Front 30

Payment for harm or damage.

Back 30

Reparation

Front 31

Means one party agrees to pay losses incurred by another to a third party.

Back 31

Indemnification

Front 32

Essential requisites of an obligation

Back 32

1. Passive Subject (debtor or obligor) 2. Active Subject (creditor or obligee) 3. Object or Prestation (subject matter of the obligation) 4. A juridical or legal tie (efficient cause)

Front 33

The person who is bound to the fulfillment of the obligation, he who has a duty.

Back 33

Passive subject

Front 34

The person who is entitled to demand the fulfillment of the obligation, he who has a right.

Back 34

Active subject

Front 35

The conduct required to be observe by the debtor. It may consist in giving, doing, or not doing. Without the prestation there is nothing to perform.

Back 35

Object or prestation

Front 36

Which binds or connect the parties to the obligation.

Back 36

Juridical or legal tie

Front 37

Cannot be novated because there is nothing to novate, however if the original obligation is only voidable or if the voidable obligation is validated by the ratification the novation is valid.

Back 37

Void obligation

Front 38

The following are the requisites of an obligation; except

Back 38

Demand

Front 39

Obligation may arise from any of the following except.

Back 39

Prestation

Front 40

It is the voluntary administration of the property of another without his consent.

Back 40

Negotiorum gestio

Front 41

Unless the law or the stipulation of the parties require another standard of care, every person obliged to give something is also obliged to take care of it with.

Back 41

Diligence of a good father

Front 42

The creditor has a right that is enforceable against a definite passive subject. This right is known

Back 42

Personal right

Front 43

D is obliged to give C a specific car, if C passes the CPA Licensure Examination. D’s obligation is an example of

Back 43

Obligatiom with a suspensive condition

Front 44

When the debtor binds himself to pay when his means permit him to do so the obligation is

Back 44

Obligation with a suspensive period

Front 45

The debtor shall lose the right to make use of the period in the following cases except when he

Back 45

Does not furnish any guaranty or security to the creditor

Front 46

In obligation with a penal clause the creditor as a rule may recover from the debtor in case of breach the following

Back 46

Only the penalty

Front 47

The delivery and transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of performance is known as

Back 47

Dation in payment

Front 48

The offer made by the debtor to pay his obligation to his creditor is known as

Back 48

Tender of payment

Front 49

M owes 10000. The obligation is evidenced by a promissory note subsequently, P assign the note to A, A to B, B to C and C back to M. The obligation of M is extinguished by

Back 49

Confusion

Front 50

D borrowed 50000 from C. subsequently, D proposed to C that T would assume his (D’s) debt. C accepted the proposal of D. this substitution of debtor is known as

Back 50

Dacion en pago

Front 51

D owes C 50000 subsequently D propose to C that T will assume his (D’s) debt. C accepted the proposal of D. this type of novation which involves the substitution of the debtor is known as

Back 51

Delegacion

Front 52

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

Back 52

Facultative obligation

Front 53

Article 1189

Back 53

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 extinguished2. 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 recovered3. When the thing deteriorates without the fault of the debtor, the impairment is to be borne by the creditor4. 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 case5. If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the creditor6. If it is improved at the expense of the debtor, he shall have no other right than that granted to the usufructuary.

Front 54

Article 1231

Back 54

Obligations are extinguished:

1. By payment of performance

2. By the loss of the thing due

3. By the condonation or remission of the debt

4. By the confusion or merger of the rights of creditor and debtor

5. By compensation

6. By novation

Other causes of extinguishment of obligations, such as annulment, recission, fulfillment of a resolutory condition, and prescpription, are governed elsewhere in this Code.