記憶度
3問
10問
0問
0問
0問
アカウント登録して、解答結果を保存しよう
問題一覧
1
Civil Obligation
this type of obligation when not fulfilled may be enforced by the civil courts
2
Natural Obligation
this type of obligation cannot be enforced by law but which authorizes the retention upon voluntary payment or performance by the debtor.
3
Moral Obligation
It is not enforceable by the civil courts came from moral law developed by the church (Separation of Church and State)
4
Civil Obligation
this type of obligation when not fulfilled may be enforced by the civil courts
5
Natural Obligation
this type of obligation cannot be enforced by law but which authorizes the retention upon voluntary payment or performance by the debtor.
6
Moral Obligation
It is not enforceable by the civil courts came from moral law developed by the church (Separation of Church and State)
7
Civil Obligation
this type of obligation when not fulfilled may be enforced by the civil courts
8
The provisions under Art. 2176 (3) and (4), of the NCC is not absolute
(3) As a general rule when an injury is caused by the employee while performing his function, there is a presumption of negligence on the part of the employer in either the selection or supervision of the employees, it is not without an exception. (4) The presumption is rebuttable upon presentation of the employer of a proof that he observed the diligence of a good father of the family in the selection and supervision of his employee.
9
The provisions under Art. 2176 (3) and (4), of the NCC is not absolute (no number)
(3) As a general rule when an injury is caused by the employee while performing his function, there is a presumption of negligence on the part of the employer in either the selection or supervision of the employees, it is not without an exception. (4) The presumption is rebuttable upon presentation of the employer of a proof that he observed the diligence of a good father of the family in the selection and supervision of his employee.
10
Delay
As a general rule "There is no delay or there is no demand" thus it is necessary the exception to this rule are the following: 1. When the law so provides 2. When obligation do provides 3. When time is of the essence 4. When demand would be useless
11
The provisions under Art. 2176 (3) and (4), of the NCC is not absolute
(3) As a general rule when an injury is caused by the employee while performing his function, there is a presumption of negligence on the part of the employer in either the selection or supervision of the employees, it is not without an exception. The presumption is rebuttable upon presentation of the employer of a proof that he observed the diligence of a good father of the family in the selection and supervision of his employee.
12
Diligence of the good father of the family
Art. 1163 of the NCC Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. Art. 1173 of the NCC If the law or contact does not state the diligence which is to be observed in the performance, that which to be expected of a good father of the family shall be required.
13
Modes of extinguishing obligation (10)
By payment or performance Loss of the thing due (specific thing) Condonation Merger - rights of creditor & debtor Compensation Novation Annulment Rescission Fulfillment of resolutory condition Prescription
14
CLassification of damages (2)
1.Those damages that are capable of pecuniary computation 2. Those damages that are incapable of pecuniary estimation
15
DAMAGES
These are awarded to an aggrieved party to ensure that any violation of his right, any loss or injury is compensated.
16
Contravention of the tenor of the obligation
In simple term it is the non-performance or the partial fulfillment of duty by one party to another.
17
Diligence of the good father of the family
Art. 1163 of the NCC Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. Art. 1173 of the NCC If the law or contact does not state the diligence which is to be observed in the performance, that which to be expected of a good father of the family shall be required.
18
Diligence of the good father of the family
Art. 1163 of the NCC Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. Art. 1173 of the NCC If the law or contact does not state the diligence which is to be observed in the performance, that which to be expected of a good father of the family shall be required.
19
Contravention of the tenor of the obligation
In simple term it is the non-performance or the partial fulfillment of duty by one party to another.
20
Contravention of the tenor of the obligation
In simple term it is the non-performance or the partial fulfillment of duty by one party to another.
21
Test to determine existence of negligence
Did the person in doing his alleged negligent act use the reasonable care and caution which an ordinary prudent person would have used in the same situation? If the answer is in the negative then he is negligent.
22
Obligations arising from quasi-contract (3 paragraphs)
In this kind of source, there is no meeting of them mind, however one party that benefitted from the act of another must indenify the other party for expenses he had incurred in favor of the party benefitted. Basis shall be arts. 2167 and 2158 of the New Civil Code Art. 1167 – states that when a person in injured and he was helped without his consent , he shall still be liable to pay for the services of the physician or other person who aided him, unless it was gratuitously given. Art. 1168 – when during natural calamities, such as fire, flood, storm, or other calamities, property or pieces of property was saved, the owner is bound to pay just compensation, whether or not the owner has knowledge of the act of saving.
23
Under Article 2176, NCC (3) and (4), the following shall be liable for the acts of another: (3) (4)
3) The owners and managers of an establishment or enterprise, with respect to damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions; (4) Employers with respect to damages of their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.