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OBLICON( Art. 1156-1160)

OBLICON( Art. 1156-1160)
31問 • 2年前
  • Honey Joy T. Dallego
    • 通報

    問題一覧

  • 1

    ARTICLE 1156

    AN OBLIGATION IS A JURIDICAL NECESSITY TO GIVE, TO DO OR NOT TO DO

  • 2

    Obligation is derives from the latin word ______ which means tying or binding

    OBLIGATIO

  • 3

    Accepting or allowing what happens without active response or resistance

    PASSIVE

  • 4

    Obligation is a _______ because in case of non compliance, the courts of hustice may be called upon by the aggrived party to enforce its fulfillment or, in default thereof, the economic value that it represents.

    JURIDICAL NECESSITY

  • 5

    A nature of obligations which give the creditor or obligee a right under the law to enforce their performance in courts or justice are known as

    CIVIL OBLIGATIONS

  • 6

    A nature of obligations which, not being based on positive law but on equity and natural law,do not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof

    NATURAL OBLIGATIONS

  • 7

    Essential requisites of an obligation (called debtor or obligor) or the person who is bound to the fulfillment of the obligation; he who has a duty

    PASSIVE SUBJECT

  • 8

    Essential requisites of an obligation (called creditor or obligee) or the person who is entitled to demand the fulfillment of the obligation; he who has a right;

    ACTIVE SUBJECT

  • 9

    Essential requisites of an obligation (subject matter of the obligation) or the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing. Without the this, there is nothing to perform.

    OBJECT OR PRESTATION

  • 10

    Essential requisites of an obligation (also called efficient cause) or that which binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation.

    JURIDICAL OR LEGAL TIE

  • 11

    is the act or performance which the law will enforce

    OBLIGATION

  • 12

    is the power which a person has under the law, to demand from another any prestation

    RIGHT

  • 13

    (cause of action),according to its legal meaning,is an act or omission of one party in violation of the legal right or rights of another, causing injury to the latter;

    WRONG

  • 14

    is the illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another

    INJURY

  • 15

    denote the sum of money recoverable as amends for the wrongful act or omission

    DAMAGES

  • 16

    Kinds of obligation according to subject matter: the (obligation to give) or that in which the subject matter is a thing which the obligor must deliver to the obligee;

    REAL OBLIGATION

  • 17

    Kinds of obligation according to subject matter: (obligation to do or not to do) or that in which the subject matter is an act to be done or not to be done

    PERSONAL OBLIGATION

  • 18

    Kinds of personal obligation: obligation to do or to render service

    POSITIVE PERSONAL OBLIGATION

  • 19

    Kinds of personal obligation: obligation not to do (which naturally includes obligations “not to give”)

    NEGATIVE PERSONAL OBLIGATION

  • 20

    ARTICLE 1157. Obligations arise from:

    Law, Contracts, Quasi-Contracts, Acts or Omissions punished by law, Quasi-delicts

  • 21

    Sources of obligation: when they are imposed by the law itself e.g., obligation to pay taxes; obligation to support one’s family

    LAW

  • 22

    Sources of obligation: when they arise from the stipulation of the parties e.g., the obligation to repay a loan by virtue of an agreement;

    CONTRACTS

  • 23

    Sources of obligation: when they arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another e.g., the obligation to return money paid by mistake or which is not due

    QUASI-CONTRACTS

  • 24

    Sources of obligation: when they arise from civil liability which is the consequence of a criminal offense e.g., the obligation of a thief to return the car stolen by him; the duty of a killer to indemnify the heirs of his victim; and

    ACTS OR OMISSIONS PUNISHED BY LAW

  • 25

    Sources of obligation: when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties e.g., the obligation of the head of a family that lives in a building or a part thereof to answer for damages caused by things thrown or falling from the same

    QUASI-DELICTS

  • 26

    Kinds of Quasi-Contracts: The voluntary management of the property or affairs of another without the knowledge or consent of the latter. Thus, if through the efforts of X, a neighbor, the house of Y was saved from being burned, Y has the obligation to reimburse X for the expenses X incurred although Y did not actually give his consent to the act of X in saving his house on the principle of quasi-contract.

    NEGOTIORUM GESTIO

  • 27

    Kinds of Quasi-Contracts: The juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. It is based on the principle that no one shall enrich himself unjustly at the expense of another.

    SOLUTIO INDEBITI

  • 28

    It is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. It is the formal expression by the parties of their rights and obligations they have agreed upon with respect to each other.

    CONTRACT

  • 29

    Obligations arising from contracts are governed primarily by the agreement of the contracting parties.

    BINDING FORCE

  • 30

    As a source of obligation, a contract must be valid and enforceable. (see Art. 1403.) A contract is valid (assuming all the essential elements are present, Art. 1318.) if it is not contrary to law, morals, good customs, public order, and public policy.

    REQUIREMENTS OF A VALID CONTRACT

  • 31

    A contract may be breached or violated by a party in whole or in part. It takes place when a party fails or refuses to comply, without legal reason or justification, with his obligation under the contract as promised.

    BREACH OF CONTRACT

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    問題一覧

  • 1

    ARTICLE 1156

    AN OBLIGATION IS A JURIDICAL NECESSITY TO GIVE, TO DO OR NOT TO DO

  • 2

    Obligation is derives from the latin word ______ which means tying or binding

    OBLIGATIO

  • 3

    Accepting or allowing what happens without active response or resistance

    PASSIVE

  • 4

    Obligation is a _______ because in case of non compliance, the courts of hustice may be called upon by the aggrived party to enforce its fulfillment or, in default thereof, the economic value that it represents.

    JURIDICAL NECESSITY

  • 5

    A nature of obligations which give the creditor or obligee a right under the law to enforce their performance in courts or justice are known as

    CIVIL OBLIGATIONS

  • 6

    A nature of obligations which, not being based on positive law but on equity and natural law,do not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof

    NATURAL OBLIGATIONS

  • 7

    Essential requisites of an obligation (called debtor or obligor) or the person who is bound to the fulfillment of the obligation; he who has a duty

    PASSIVE SUBJECT

  • 8

    Essential requisites of an obligation (called creditor or obligee) or the person who is entitled to demand the fulfillment of the obligation; he who has a right;

    ACTIVE SUBJECT

  • 9

    Essential requisites of an obligation (subject matter of the obligation) or the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing. Without the this, there is nothing to perform.

    OBJECT OR PRESTATION

  • 10

    Essential requisites of an obligation (also called efficient cause) or that which binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation.

    JURIDICAL OR LEGAL TIE

  • 11

    is the act or performance which the law will enforce

    OBLIGATION

  • 12

    is the power which a person has under the law, to demand from another any prestation

    RIGHT

  • 13

    (cause of action),according to its legal meaning,is an act or omission of one party in violation of the legal right or rights of another, causing injury to the latter;

    WRONG

  • 14

    is the illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another

    INJURY

  • 15

    denote the sum of money recoverable as amends for the wrongful act or omission

    DAMAGES

  • 16

    Kinds of obligation according to subject matter: the (obligation to give) or that in which the subject matter is a thing which the obligor must deliver to the obligee;

    REAL OBLIGATION

  • 17

    Kinds of obligation according to subject matter: (obligation to do or not to do) or that in which the subject matter is an act to be done or not to be done

    PERSONAL OBLIGATION

  • 18

    Kinds of personal obligation: obligation to do or to render service

    POSITIVE PERSONAL OBLIGATION

  • 19

    Kinds of personal obligation: obligation not to do (which naturally includes obligations “not to give”)

    NEGATIVE PERSONAL OBLIGATION

  • 20

    ARTICLE 1157. Obligations arise from:

    Law, Contracts, Quasi-Contracts, Acts or Omissions punished by law, Quasi-delicts

  • 21

    Sources of obligation: when they are imposed by the law itself e.g., obligation to pay taxes; obligation to support one’s family

    LAW

  • 22

    Sources of obligation: when they arise from the stipulation of the parties e.g., the obligation to repay a loan by virtue of an agreement;

    CONTRACTS

  • 23

    Sources of obligation: when they arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another e.g., the obligation to return money paid by mistake or which is not due

    QUASI-CONTRACTS

  • 24

    Sources of obligation: when they arise from civil liability which is the consequence of a criminal offense e.g., the obligation of a thief to return the car stolen by him; the duty of a killer to indemnify the heirs of his victim; and

    ACTS OR OMISSIONS PUNISHED BY LAW

  • 25

    Sources of obligation: when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties e.g., the obligation of the head of a family that lives in a building or a part thereof to answer for damages caused by things thrown or falling from the same

    QUASI-DELICTS

  • 26

    Kinds of Quasi-Contracts: The voluntary management of the property or affairs of another without the knowledge or consent of the latter. Thus, if through the efforts of X, a neighbor, the house of Y was saved from being burned, Y has the obligation to reimburse X for the expenses X incurred although Y did not actually give his consent to the act of X in saving his house on the principle of quasi-contract.

    NEGOTIORUM GESTIO

  • 27

    Kinds of Quasi-Contracts: The juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. It is based on the principle that no one shall enrich himself unjustly at the expense of another.

    SOLUTIO INDEBITI

  • 28

    It is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. It is the formal expression by the parties of their rights and obligations they have agreed upon with respect to each other.

    CONTRACT

  • 29

    Obligations arising from contracts are governed primarily by the agreement of the contracting parties.

    BINDING FORCE

  • 30

    As a source of obligation, a contract must be valid and enforceable. (see Art. 1403.) A contract is valid (assuming all the essential elements are present, Art. 1318.) if it is not contrary to law, morals, good customs, public order, and public policy.

    REQUIREMENTS OF A VALID CONTRACT

  • 31

    A contract may be breached or violated by a party in whole or in part. It takes place when a party fails or refuses to comply, without legal reason or justification, with his obligation under the contract as promised.

    BREACH OF CONTRACT