ECEA119 M1 OBLIGATIONS AND CONTRACTS

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 Obligation

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

Conditional Obligation

One the fulfillment of which will extinguish an obligation (or right) already existing.

Resulatory Obligation

It is determinate if the obligor is bound to deliver a specific/determinate thing.

Real Obligation

Obligation wherein the subject matter is a thing which the obligor must deliver to the obligee.

Real Obligation

Obligations arising from contracts or voluntary agreements.

Contractual Obligation

A nature of obligation under civil code based on morality, natural law and conscience,they are not legally demandable.

Natural Obligation

Which of the following has only one prestation?

Simple Obligation

An obligation wherein a debtor is obliged to pay a portion of the full amount of debt that corresponds only to his share.

Joint Obligation

An obligation wherein either one of the creditors has the right to demand full compliance of the obligation from either one of the debtors.

Solidary Obligation

A kind of solidarity when it exists among the creditors only

Active Solidarity

When the solidarity takes place among the debtors only, it is called

Passive Solidarity

When the solidarity exists both among the creditors and the debtors at the same time, this is called

Mixed Solidarity

where solidarity is imposed by the nature of the obligation.

Real Solidarity

A nature of obligation under civil code which is legally demandable and the courts of justice may compel their performance.

Civil Obligations

A nature of obligation under civil code based on morality, natural law and conscience, they are not legally demandable

Natural Obligations

An obligation where two parties are mutually obliged to do or to give something.

Reciprocal Obligation

An obligation whose consequences are subjected in one way or the other to the expiration of said term.

Obligations with a period

An obligation wherein various things are due, but the payment of one of them is sufficient.

Alternative Obligation

An obligation which is capable of partial performance.

Divisible Obligation

An obligation can be extinguished by the following except

By altering the signature

An obligation which is not capable of partial performance.

Indivisible Obligation

It is one which can stand by itself and does not depend for its validity and existence upon another obligation.

Principal Obligations

Obligation is a ______________ because in case of non-compliance, the courts of justice may be called upon to enforce its fulfillment or, in default thereof, the economic value that it represents.

Juridical necessity

Essential elements of obligations are as follows, except:

Proactive subjecT

In law, payment and performance are ______________.

Synonymous

The creditor is bound to accept payment or performance from the following, except:

Any person who wants to pay

It is a mode of extinguishing obligations when the qualities of debtor and creditor are united in the same person

Confusion

In confusion, there is but one obligation, while in compensation, there are ____ obligations.

2

When both obligations are of the same amount and are entirely extinguished.

Total

An obligation may exist without a contract.

True

In what instance may we consider that there is no delay?

In civil obligations

When the characters of the creditor and the debtor are merged in one and the same person, there is extinguishment of the obligation by:

Merger of rights

Mode of extinguishing obligations because if a debtor is his own creditor, enforcement of the obligation becomes absurd since a person cannot claim payment from himself.

Merger

If the obligation of the debtor is "I will pay you my debt after I have arrived from abroad," this is?

Conditional

If an obligor binds himself to perform his obligation as soon as "he shall have obtained a loan" from a certain bank, this obligation is:

Conditional

When the debtor binds himself to pay when his means permit him to do so, the obligation is:

With a period

When the thing deteriorates with the debtor's fault, the creditor may choose one of the following:

Recission

When a third person assumes the payment of the obligation even without the knowledge and consent of the debtor but with the consent of the creditor.

There is expromission if the debtor is released.

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

Ordinary Delay

It is defined as a default on the part of the creditor/oblige

Mora accipiendi

It is defined as a default on the part of both the debtor and creditor in reciprocal obligations.

Compensatio morae

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

Negotiorum gestio

It is a kind of default that delays on the part of the debtor to fulfill his obligation.

Mora Solvendi

Delay in the giving or delivering of a thing

Mora solvendi ex re

This kind of innominate contract is no longer considered as an innominate contract because it has already been given a name of its own

do ut des

Do ut des means ___________.

I give that you may give

It is a stipulation in a contract clearly and deliberately conferring a favor upon a third person who has right to demand its fulfillment.

pour autrui

It is a term referring when both parties are not equally culpable. Less culpable party may recover in restitution.

in pari delicto

Also known as causal fraud

dolo causante

This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake

Solutio Indebit

The ___________ is upon the party who insists that the contract should be reformed because of its failure to express the true intention of the parties because the presumption is that an instrument sets out the true agreement of the parties

Onus probandi

A kind of period with suspensive effect.

ex die

A kind of period with a resolutory effect and the validity of obligation is up to a certain date.

in diem

The term used for "rebuttable by contrary evidence"

Prima facie

Date of effectivity of remission will take effect during the lifetime of the donor.

Inter vivos

What is the other term for simple loan?

Mutuum

Obligation comes from the latin word ____ which means to bind.

Obligare

A contract comes from the Latin word _______ which signifies an agreement.

Contractus

"Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages". Is said in what Article?

Article 1170

What article states that an obligation is a juridical necessity to give, to do or not to do?

Article 1156

What article states the sources of obligations are law, contracts, quasi-contracts, acts or omission by law and torts?

Article 1157

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

Article 1159

Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them.

Article 1158

The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. (1095)

Article 1164

This article states that usurious transactions shall be governed by special laws

Article 1175

This articles states that subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.

Article 1178

It is stated in this article that the right of choice belongs to the debtor, unless it has been expressly granted to the creditor.

Article 1200

It is stated in this article the the creditor shall have the right to indemnity for damages when, through the fault of the debtor, all things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible.

Article 1204

Which Article states the following "The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him."?

Article 1227

Damages recoverable in addition to penalty must be proved

Article 1228

Under Article 1229, can the court reduce the penalty of debtor when the principal obligation has been partly complied?

No

Article 1232 states that "Payment means not only the delivery of money but also the ____, in any other manner, of an obligation"

Performance

"If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee. (n)"

Article 1234

The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary.

Article 1236

Payment made in good faith to any person in possession of the credit shall release the debtor. (1164)

Article 1242

When the obligation consists in the delivery of a generic thing, whose quality and circumstances have not been stated, Article ____ governs.

Article 1246

"In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. (n)"

Article 1263

Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor or debtor in whom the two characters concur

Article 1277

Which article states the determination of performance by a third person.

1309

It states that "The object of every contract must be determinate as to its kind. The fact that the quantity is not determinate shall not be an obstacle to the existence of the contract, provided it is possible to determine the same, without the need of a new contract between the parties."

Article 1349

In which of the following articles mentioned the right of both contracting parties to compel when a contract is found out to be valid, but not in the certain form:

Article 1357

A donated a real property to B. in a private instrument. B accepted the donation in the same instrument. Later, B wanted to register the donation but registration requires a public instrument. Can B compel A to put the donation in a public instrument?

Yes, Article 1357

A sold a parcel of land to B for P1 million. The sale was orally made. Is the sale enforceable?

No, Article 1358

The article stating "If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former."

Article 1370

Article stating "In order to judge the intention of the contracting parties, their contemporaneous and subsequent acts shall be principally considered."

Article 1371

As stated in Article 1391, the action for annulment shall be brought within __ years in cases of intimidation, mistake or fraud, and when the action refers to contracts entered into by minors or other incapacitated persons.

4 years

Under article 1403, the following contracts are unenforceable except:

Those that comply with Statute of Frauds

The Statute of Frauds is applied only when

The specific type of transaction is enumerated in the statute

Unenforceable contracts cannot be assailed by third persons

Article 1408

When a contract is enforceable under the statute, the parties may avail themselves of the right under Article 1357

Article 1406

In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced

Article 1420

A contract which is the direct result of a previous illegal contract, is also void and inexistent

Article 1422

______ shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases

Consignation

It is an event that happens by chance or accident.

Fortuitus Event

It is defined as the contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money.

Usury

It is defined as the failure to perform an obligation on time which that specific failure constitutes in a breach of the obligation.

Legal delay or default

It is the right or interest of a person over a specific thing.

Real right

Kind of obligation which has no condition attached.

Gratuitous

A juridical necessity to give, to do, or not to do.

Obligation