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33 Cards in this Set
- Front
- Back
- 3rd side (hint)
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It is a thing particularly designated or physically segregated others of the same class |
Specific or determinate |
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It is a thing that refers only to a class or genus to which it pertains and cannot be pointed out particularly |
Generic or indeterminate |
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These are the duties of debtor in obligation to give a determinate thing |
Preserve the thing Deliver the fruits of the thing Deliver the accessions and accessories Deliver the thing itself Answer for damages in case of non fulfillment or breach |
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Different kinds of fruits |
Natural fruits Industrial fruits Civil fruits |
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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 |
Personal right |
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The right or interest of a person over a specific thing, without a definite passive subject against whom the right may be personally enforced |
Real right |
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These are the fruits of a thing or additions to or improvements on a thing |
Accessions |
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Things joined to or included with the principal thing for the letters embellishment , better use , or completion. |
Accessories |
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2 kinds of delay |
Ordinary delay Legal delay or default or mora |
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The failure to perform an obligation on time |
Ordinary delay |
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The failure to perform an obligation on time which failure constitutes a breach of the obligation |
Legal delay or default or mora |
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Kinds of delay or default |
Mora solvendi Mora accipiendi Compensatio morae |
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The delay on the part of the debtor to fulfill his obligation |
Mora solvendi |
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Delay on the part of the creditor to accept the performance of the obligation |
Mora accipiendi |
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The delay of the obligor scene reciprocal obligations. |
Compensatio morae |
The delay of the obligor cancels the delay of the obligee , and vice versa . The net result is that there is no actionable default on the part of both parties . |
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Grounds for liability |
Fraud (deceit or dolo) Negligence (fault or culpa) Delay (mora) Contravention of the terms of the obligation |
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Fraud committed in the performance of an obligation already existing because of contract . |
Incidental fraud (dolo incidente) |
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Fraud employed in the execution of a contract under article 1338 , which vitiates consent. |
Causal fraud (dolo causante) |
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Any voluntary act or omission , there being no bad faith or malice , which prevents the normal fulfillment of an obligation . |
Negligence (fault or culpa) |
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The deliberate or intentional evasion of the normal fulfillment of an obligation. |
Fault (deceit or dolo) |
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This is the violation of the terms and conditions stipulated in the obligation . |
Contravention of the terms of the obligation |
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Kinds of negligence according to source of obligation |
Contractual negligence Civil negligence Criminal negligence |
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Factors to be considered in negligence |
Nature of the obligation Circumstances of the person Circumstances of time Circumstances of the place |
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It signifies the money compensation awarded to a party for a loss or injury resulting from breach of contract or obligation by the other . |
Damages |
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Any event which cannot be foreseen , or which , though foreseen , is inevitable . |
Fortuitous event |
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Fortuitous event distinguished from force majeure: |
Acts of man Acts of God |
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Kinds of fortuitous events |
Ordinary fortuitous events Extraordinary fortuitous events |
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A contract whereby one of the parties delivers to another , money or other consumable thing , upon the condition that the same amount of the same kind and quality shall be paid . |
Simple loan or mutuum |
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Contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money , goods , chattels or credits . |
Usury |
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The inference of a fact not actually known arising from its usual connection with another which is known or proved . |
Presumption |
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Two kinds of presumption |
Conclusive presumption Disputable or rebuttable presumption |
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Presumption that one which cannot be contradicted , like the presumption that everyone is conclusively presumed to know the law. |
Conclusive presumption |
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Presumption that one which can be contradicted or rebutted by presenting proof to the contrary. |
Disputable or rebuttable presumption |
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