問題一覧
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an injured person
plaintiff
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provides that every person with to give somethung is also obliged to take care of it
article 1163 of the civil code of the philippines
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failure of the party to fulfil hus duty is liable to damages
contravention of the tenor of the obligation
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failure to perform that which us incumbent upon him
contravention of the tenor of the obligation
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demand is necessary
no demand no delay
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the creditor cannot go to court to sue the debtor
no demand, no delay
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if the creditor did not demand for the performance the debtor is considered to be delay
no demand, no delay
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order for the debtor to be in default
-the obligation to be demandable and already liquidated -the debtor delays performance -the creditor requires/demanded the performance jusicially or extra judicially
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the non fulfillment of the obligation with the respect to time
delay
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consist in the omission of that diligence
negligence/ fault
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remedy of this fraud is to annul the contract plus damages
dolo causante
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fraud is committed at the very beginning
dolo causante
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serious enough to render a contract voidable
dolo causante
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annulment of contract is not a remedy
dolo incedente
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this kind of fraud will make the debtor liable for damages only
dolo incidente
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fraud committed of an obligatiin already existing because of contract
dolo incedente or incidental fraud
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two types of fraud
dolo incedente dolo causante
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is an act of deception
fraud
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prejudicing someone's rights
fraud
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false representation
fraud
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abuse of position
fraud
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sources of damages is under
article 1170
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sources of damages
fraud negligence or fault (culpa) delay contravention of the tenor of the obligation
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acts or omissions that cause damage to another
quasi-delict or tort
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to pay actual damages for causing the death of a person
delicts or crimes
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any person criminally liable is also civilly liable
delicts or crimes
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the obligation to be done by the culprit on his/he victim
delicts or crime
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as certain lawful, voluntaru and unilateral acts
quasi-contracts
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5 sources of obligations is under
article 1157 of the civil code of the philippines
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is a meeting of the minds
contract
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under this contract is a meeting of the minds
Article 1305
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obligations arise upin the agreement between two or more parties
contracts
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the taxpayers duty to pay taxes
law
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legal obligation is expressly implied by law
law
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5 sources of obligation
law contracts quasi-contract delicts or crimes quasi-delict or tort
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it is the legal relation betwee the debtor and the creditor
vinculum juris/juridical tie
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which bunds or connects the parties to the obligation
vinculum juris/juridical tie
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call it the efficient cause
vinculum juris/juridical tie
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as the juridical or legal tie
vinculum juris/juridical tie
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it may be an obligation to give, to do, or not to do
object/prestation
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conduct required to be observed by the debtor or the obligor
object/prestation
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object of the contract
object/prestation
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also called the obligor or the debtor
passive subject
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against whom the obligation can be demand
passive subject
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person bound to perform to pay
passive subject
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he is also called the oblige or creditor
active subject
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who has the right or power to demand
active subject