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Chapter 1 (General Provisions
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  • 問題数 48 • 8/18/2023

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  • 1

    Imposed by the law itself

    Law

  • 2

    Obligations derived from ............... shall be subject to the provisions of Chapter 1, Title XVII (17) of this book.

    Quasi-contracts

  • 3

    the duty not to recover what has voluntarily been paid although payment was no longer required. EXAMPLE: Hailey Bieber owes Selena Gomez P1 Million. But the debt has already prescribed. If Hailey Bieber, knowing that it has prescribed, nevertheless still pays Selena Gomez. Hailey cannot later on get back what she voluntarily paid. The sanction is the law of course, but only because conscience had originally motivated the payment.

    Natural Obligation

  • 4

    Ex contractu means

    From a Contract

  • 5

    It is a perfect obligation

    Civil Obligation

  • 6

    It is " Imperfect Obligation"

    Moral Obligation

  • 7

    The subject matter of the obligation

    Object or Prestation

  • 8

    juridical relation which is created when something is received when there is no right to demand on it and it was unduly delivered through space

    Solutio Indebiti (Undue Payment)

  • 9

    The reason why the obligation

    The Efficient Cause

  • 10

    Difference between Civil Liability and Criminal Liability

    Civil Liability - Dispute between people or organization. - Payment damages Criminal Liability - Offenses against the state - Jail time, penalty

  • 11

    Ex Maleficio means

    From a wrong

  • 12

    arise from damage cost to another through an act or omission, they being fault or negligence, but no contractual relation exists between parties.

    Quasi-delicts or Tort

  • 13

    Another name for quasi-delict or Tort or ......

    Culpa Aquiliana

  • 14

    Defined I'm Art. 1156. the sanction is juridical process. Example: (Adele promises to pay Nicki Minaj her (Adele) debt of P1 million.

    Civil Obligation

  • 15

    Arise from stipulation (Agreement) of the parties.

    Contracts

  • 16

    What are the kinds of obligations from the viewpoint of "Sanction"

    Civil Obligation Natural Obligation Moral Obligation

  • 17

    Obligations derived from law are not presume. Only those expressly determine in this code or in special laws are demandable (Clear), and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book.

    Article 1158

  • 18

    The duty of a catholic to hear mass on Sundays and holy days of obligation. The sanction here is conscience or morality, or the law of church.

    Moral Obligation

  • 19

    Civil Obligations arising from criminal offenses shall be governed by the......

    Penal Laws

  • 20

    What are the kinds of Obligations from the affirmativeness and negativeness of the obligation.

    Positive or Affirmative obligation Negative Obligation

  • 21

    The possessor of a right; he in whose favor the obligation is constituted.

    Active Subject/ Obligee or Creditor

  • 22

    No one shall be unjustly enriched himself at ................

    expense of another

  • 23

    Civil Liability arising from Crimes or Delicts every person criminally liable front act or omission is also civilly liable for damages (Makulong + Magbayad)

    Crimes which caused material damage

  • 24

    Arise from civil liability which is the consequence of a criminal offense.

    Crimes or Acts

  • 25

    Voluntary management of the property or affairs of another without the knowledge or consent of the latter.

    Negotiorum Gestion (Unauthorized management)

  • 26

    Where both parties are bound

    Bilateral

  • 27

    Compliance or performance in accordance with the stipulations or terms of the contract or agreement.

    Compliance in good faith

  • 28

    What is Prestation?

    A prestation is an obligation, more specifically, it is the subject matter of an obligation. And may consist of giving a thing, doing or not doing a certain act.

  • 29

    Ex lege means

    As a matter of Law

  • 30

    What is an Obligation?

    Art. 1156. an obligation is a juridical necessity to give, to do, or not to do.

  • 31

    he who has the duty of giving, doing, or not doing.

    Passive subject/ Obligor or Debtor

  • 32

    What are the kinds of obligations from the viewpoint of persons obliged.

    Unilateral Bilateral

  • 33

    The obligation to give

    Positive or Affirmative obligation

  • 34

    Difference between Crime and Quasi-delict.

    Crime is punishment. Quasi-delicts is indemnification of offended party.

  • 35

    an act or omission by a person (tortfeasor) which caused damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done. (Hindi sinadya)

    Quasi-delicts

  • 36

    Obligation to give (thing)

    Real Obligation

  • 37

    To be demandable they must be clearly.....

    Set Forth in the law

  • 38

    Does the law require any form in Obligations arising from Contracts?

    Written and oral are valid. However there are certain contracts that required contract such as partnership.

  • 39

    What are the 3 Scope of Civil Liability?

    1. Restitution 2. Reparation of the damage caused; 3. Indemnification for the consequential damages.

  • 40

    A Contract to be valid must (not be contrary to law, morals good customs, public order, and public policy. What will happen if any of these things violated?

    The contract will be void

  • 41

    Obligation to do or not to do (Act)

    Personal Obligation (Positive Personal Obligation and Negative Personal Obligation)

  • 42

    Derived from Latin word means "To Bind"

    Obligare

  • 43

    Where only one of the parties is bound

    Unilateral

  • 44

    What are the kinds of Obligations from the subject matter

    Real Obligation Personal Obligation

  • 45

    The obligation not to do (which naturally includes "not to give"

    Negative Obligation

  • 46

    Arise from lawful, voluntary, and unilateral acts which are enforceable to the end that "No One shall be enriched or benefited at the expense of another."

    Quasi-contracts

  • 47

    Civil Liability arising from Crimes or Delicts "There is no civil liability for damage"

    Crimes with no material damage

  • 48

    Obligations arising from contracts have the FORCE OF LAW between the contracting parties and should be complied with.....

    In Good Faith