Law (Lecture 1)

66問 • 1年前

Na Me

通報

問題一覧

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

Accessories

This are fruits of a thing or additions to improvements upon a thing or principal.

Accessions

Two Ways of Delay

Ordinary Delay, Legal Delay

It is the failure to perform an obligation on time which failure constitutes a breach of the obligations

Legal Delay

It is merely the failure to perform an obligation on time.

Ordinary Delay

Kinds of Delay

Mora Solvendi, Mora Accipiendi, Compensatio Morae

It is the delay of the obligors in reciprocal obligations. The net result is that there is no actionable default on the part of both parties.

Compensatio Morae

It is the delay on the part of the debtor to fulfill his/her obligations.

Mora Solvendi

It is the delay on the part of the creditor to accept the performance of obligation.

Mora Accipiendi

failure to observe for the protection of the interests of another person, that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury.

Negligence

KINDS OF NEGLIGENCE ACCORDING TO SOURCE OF OBLIGATION

Culpa Contractual, Culpa Aquiliana, Culpa Criminal

merely makes the debtor liable for damages in view of his negligence in the fulfillment of a pre-existing obligations

Culpa Contractual

negligence resulting in the commission of a crime

Culpa Criminal

negligence which by itself is the source of obligation between the parties not so related before by any pre-existing contracts.

Culpa Aquiliana

FACTORS TO BE CONSIDERED IN DETERMINING ISSUES OF NEGLIGENCE

Nature of Obligation, Circumstances of the Person, Circumstances of the Time, Circumstances of the Place

Driving at 100 km/hr. on the super highway is permissible but driving at the same rate of speed in Ayala Avenue Makati is gross recklessness

Circumstances of the Place

Driving a car without headlights at night

Circumstances of the Time

guard, a man in the prime of life, robust and healthy, sleeping while on duty is guilty of negligence

Circumstances of the Person

Smoking while carrying materials known to be inflammable constitutes negligence.

Nature of Obligation

signify the money compensation awarded to a party for loss or injury resulting from breach of contract or obligation by the other.

Damages

Article ____ of ______ states: “In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or cold have reasonably foreseen at the time of the obligation was constituted.

2201, Civil Code

is the value placed on injury or damage due to an accident caused by another’s negligence, a breach of contract

Loss

Kinds of Loss

Physical Loss, Legal Loss, Civil Loss

occurs when a thing disappears in such a way that its existence is unknown, or even known, it cannot be recovered, whether as a matter of fact or of law

Civil Loss

occurs when a things goes not of commerce or when a thing here to fore legal becomes illegal

Legal Loss

occurs when a thing perishes as when a house is burned and reduced to ashes.

Physical Loss

any event which cannot be foreseen, or which though foreseen, is inevitable

Force Majeure

an event which are totally independent will of every human being.

Act of God

event independent of the will of the obligor but not of other human wills.

Act of Man

Kinds of Fortuitous Events

Ordinary Fortuitous Event, Extra Ordinary Fortuitous Event

Those events which are uncommon and which the contracting parties could not have reasonably foreseen.

Extra Ordinary Fortuitous Event

Those events which are common and which the contracting parties could reasonably foresee.

Ordinary Fortuitous Event

That upon the death of the creditor, the obligation shall be extinguished, or that the creditor cannot assign his credit to another.

Prohibited by Stipulation of Parties

Obligation is not transmissible if the obligation is under contract of partnership, contract of agency and contract of commodatum

Prohibited by Law

Primary Classifications of Obligation

Pure and Conditional Obligations, Obligations with Period, Alternative and Facultative Obligations, Joint and Solidary Obligations, Divisible and Indivisible Obligations, Obligations with Penal Clause

Secondary Classification of Obligation

Unilateral and Bilateral Obligations, Real and Personal Obligations, Determinate and Generic Obligations, Civil and Natural Obligations, Legal, Conventional and Penal Obligations

It is one whose consequences are subject in one way or another to the fulfillment of a condition.

Conditional Obligations

It is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.

Pure Obligations

Two Kinds of Conditional Obligations

Suspensive, Resolutory

is the fulfillment of which will extinguish an obligation already existing.

Resolutory Condition

It shall only be effective upon the fulfillment of the condition.

Suspensive Condition

Classifications of Conditions

Suspensive, Resolutory, Express, Implied, Possible, Impossible, Potestative, Casual, Mixed, Positive, Negative, Conjunctive, Disjunctive, Divisible, Indivisible

the happening of which gives rise to the obligations

Suspensive

the happening of which extinguishes the obligations.

Resolutory

the condition is clearly stated.

Express

the condition is not capable of fulfillment, legally and physically.

Impossible

the condition is capable of fulfillment, legally and physically.

Possible

the condition is merely inferred.

Implied

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

Mixed

the condition depends upon chance or upon the will of third person.

Casual

the condition depends upon the will of one of the contracting parties.

Potestative

the condition is not susceptible of partial performance.

Indivisible

the condition consists in the omission of an act.

Negative

the condition is susceptible of partial performance

Divisible

there are several conditions and only one or some of them must be fulfilled

Disjunctive

there are several conditions and all must be fulfilled.

Conjunctive

the condition consists in the performance of an act.

Positive

is one whose effects or consequences are subjected in one way or another to the expiration of arrival of said period or term.

Obligations with a Period

the obligations is valid until up to a day certain and terminates upon arrival of the period.

Resolutory Period

the obligation begin only from a day certain upon the arrival of period.

Suspensive Period

when it is fixed by the court.

Judicial Period

when it is agreed to by the parties.

Conventional or Voluntary Period

when it is provided for by laws.

Legal Period

Kinds of Period or Terms

Suspensive, Resolutory, Legal, Conventional or Voluntary, Judicial, Definite, Indefinite

when it is agreed to by the parties. (definiteness)

Indefinite

when it is fixed or it is known when it will come

Definite

question for mts

question for mts

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QUALI (3)

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問題一覧

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

Accessories

This are fruits of a thing or additions to improvements upon a thing or principal.

Accessions

Two Ways of Delay

Ordinary Delay, Legal Delay

It is the failure to perform an obligation on time which failure constitutes a breach of the obligations

Legal Delay

It is merely the failure to perform an obligation on time.

Ordinary Delay

Kinds of Delay

Mora Solvendi, Mora Accipiendi, Compensatio Morae

It is the delay of the obligors in reciprocal obligations. The net result is that there is no actionable default on the part of both parties.

Compensatio Morae

It is the delay on the part of the debtor to fulfill his/her obligations.

Mora Solvendi

It is the delay on the part of the creditor to accept the performance of obligation.

Mora Accipiendi

Negligence

KINDS OF NEGLIGENCE ACCORDING TO SOURCE OF OBLIGATION

Culpa Contractual, Culpa Aquiliana, Culpa Criminal

merely makes the debtor liable for damages in view of his negligence in the fulfillment of a pre-existing obligations

Culpa Contractual

negligence resulting in the commission of a crime

Culpa Criminal

negligence which by itself is the source of obligation between the parties not so related before by any pre-existing contracts.

Culpa Aquiliana

FACTORS TO BE CONSIDERED IN DETERMINING ISSUES OF NEGLIGENCE

Nature of Obligation, Circumstances of the Person, Circumstances of the Time, Circumstances of the Place

Driving at 100 km/hr. on the super highway is permissible but driving at the same rate of speed in Ayala Avenue Makati is gross recklessness

Circumstances of the Place

Driving a car without headlights at night

Circumstances of the Time

guard, a man in the prime of life, robust and healthy, sleeping while on duty is guilty of negligence

Circumstances of the Person

Smoking while carrying materials known to be inflammable constitutes negligence.

Nature of Obligation

signify the money compensation awarded to a party for loss or injury resulting from breach of contract or obligation by the other.

Damages

2201, Civil Code

is the value placed on injury or damage due to an accident caused by another’s negligence, a breach of contract

Loss

Kinds of Loss

Physical Loss, Legal Loss, Civil Loss

occurs when a thing disappears in such a way that its existence is unknown, or even known, it cannot be recovered, whether as a matter of fact or of law

Civil Loss

occurs when a things goes not of commerce or when a thing here to fore legal becomes illegal

Legal Loss

occurs when a thing perishes as when a house is burned and reduced to ashes.

Physical Loss

any event which cannot be foreseen, or which though foreseen, is inevitable

Force Majeure

an event which are totally independent will of every human being.

Act of God

event independent of the will of the obligor but not of other human wills.

Act of Man

Kinds of Fortuitous Events

Ordinary Fortuitous Event, Extra Ordinary Fortuitous Event

Those events which are uncommon and which the contracting parties could not have reasonably foreseen.

Extra Ordinary Fortuitous Event

Those events which are common and which the contracting parties could reasonably foresee.

Ordinary Fortuitous Event

That upon the death of the creditor, the obligation shall be extinguished, or that the creditor cannot assign his credit to another.

Prohibited by Stipulation of Parties

Obligation is not transmissible if the obligation is under contract of partnership, contract of agency and contract of commodatum

Prohibited by Law

Primary Classifications of Obligation

Secondary Classification of Obligation

Unilateral and Bilateral Obligations, Real and Personal Obligations, Determinate and Generic Obligations, Civil and Natural Obligations, Legal, Conventional and Penal Obligations

It is one whose consequences are subject in one way or another to the fulfillment of a condition.

Conditional Obligations

It is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.

Pure Obligations

Two Kinds of Conditional Obligations

Suspensive, Resolutory

is the fulfillment of which will extinguish an obligation already existing.

Resolutory Condition

It shall only be effective upon the fulfillment of the condition.

Suspensive Condition

Classifications of Conditions

Suspensive, Resolutory, Express, Implied, Possible, Impossible, Potestative, Casual, Mixed, Positive, Negative, Conjunctive, Disjunctive, Divisible, Indivisible

the happening of which gives rise to the obligations

Suspensive

the happening of which extinguishes the obligations.

Resolutory

the condition is clearly stated.

Express

the condition is not capable of fulfillment, legally and physically.

Impossible

the condition is capable of fulfillment, legally and physically.

Possible

the condition is merely inferred.

Implied

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

Mixed

the condition depends upon chance or upon the will of third person.

Casual

the condition depends upon the will of one of the contracting parties.

Potestative

the condition is not susceptible of partial performance.

Indivisible

the condition consists in the omission of an act.

Negative

the condition is susceptible of partial performance

Divisible

there are several conditions and only one or some of them must be fulfilled

Disjunctive

there are several conditions and all must be fulfilled.

Conjunctive

the condition consists in the performance of an act.

Positive

is one whose effects or consequences are subjected in one way or another to the expiration of arrival of said period or term.

Obligations with a Period

the obligations is valid until up to a day certain and terminates upon arrival of the period.

Resolutory Period

the obligation begin only from a day certain upon the arrival of period.

Suspensive Period

when it is fixed by the court.

Judicial Period

when it is agreed to by the parties.

Conventional or Voluntary Period

when it is provided for by laws.

Legal Period

Kinds of Period or Terms

Suspensive, Resolutory, Legal, Conventional or Voluntary, Judicial, Definite, Indefinite

when it is agreed to by the parties. (definiteness)

Indefinite

when it is fixed or it is known when it will come

Definite