Law on Obligations and Contracts (copy)

This is the person who is demanding the performance of the obligation.

Active Subject

The one bound to perform the prestation or to fulfill the obligation or duty.

Passive Subject

This is the subject matter of the obligation. It is also the conduct required to be observed by the debtor.

Prestation

This is what binds the parties to the obligation.

Efficient Cause/Juridical Tie

This is an obligation, if not fulfilled when it becomes due and demandable, may be enforced  in court through action. 

Civil Obligation

This is a special kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debtor.

Natural Obligation

This is a duty or responsibility that one feels bound to perform because of personal beliefs and values.

Moral Obligation

The obligation to give.

Real Obligation

The obligation to do or not to do.

Personal Obligation

It must be expressly or impliedly set forth and cannot be presumed.

Law

It arises from stipulations of the parties.

Contracts

It arises from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another.

Quasi-Contracts

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

Delicts

It arises from damage cause to another through an act or omission, there being no fault or negligence, but no contractual relation exists between the parties.

Quasi-Delicts/Torts

This takes place when a person voluntarily takes charge of another's abandoned business or property without the owner's authority. (Unauthorized management)

Negotiorium gestio

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

Solutio Indebiti

Spontaneous products of the soil, the young and other products of animals.

Natural Fruits

Produced by lands of any cultivation or labor.

Industrial Fruits

Those derived by virtue of juridical relation.

Civil Fruits

Fruits of the thing or additions to or improvements upon the principal. Those which are naturally or artificially attached to the thing. (earphone in a cellphone)

Accessions

Things included with the principal for the latter's embellishment, better use, or completion. (charger in a cellphone)

Accessories

It is a mere failure to perform an obligation at the appointed time.

Ordinary Delay

Tantamount to non-fulfillment of the obligation and arises an extrajudicial or judicial demand was made upon the debtor.

Legal Delay

Delay on the part of the debtor

Mora Solvendi

Delay on the part of the creditor to accept the performance of the obligation.

Mora Accipiendi

Delay of both obligors in reciprocal obligations

Compensatio Morae

Deliberate intentional evasion of the faithful fulfillment of an obligation

Fraud (Dolo)

Voluntary act or omission of diligence, there is no malice, which prevents the normal fulfillment of an obligation.

Negligence (Culpa)

Default or tardiness in the performance of an obligation after it has been due and demandable

Delay (Mora)

It is employed in the execution of the contract in order to secure consent.

Causal Fraud

Committed in the performance of an obligation already existing because of a contract. Deceives one party but is not essential to secure consent.

Incidental Fraud

An obligation which does not contain any condition or term upon which the fulfillment is made to depend.

Pure Obligation

An obligation subject to a condition.

Conditional Obligation

Its fulfillment gives rise to an obligation.

Suspensive Condition

Its fulfillment extinguishes the obligation which already existing.

Resolutory Condition

Obligation arising from contracts have the force between the contracting parties (T/F)

True

When acquittal is due to reasonable doubt, there is no civil liability (T/F)

True

When acquittal is due to exempting circumstance, there is civil liability (T/F)

True

Every person obliged to give something is also obliged to take care of it with extraordinary care (T/F)

False (diligence of good father of a family

The creditor has a real right to the fruits of the thing from the time the obligation to deliver it arises (T/F)

False (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.)

There is a delay even if there was no demand of obligation (T/F)

False

No person shall be responsible for those events which could have been foreseen and avoidable (T/F)

False (inevitable)

When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void (T/F)

True

Impossible conditions shall annul the obligation (T/F)

True

Debtor is obliged to pay for damages if the loss happen even without his fault (T/F)

False

If the deterioration happened without the fault of the debtor, the impairment shall be borne by the creditor (T/F)

True

In passive solidarity, full payment made by anyone of the solidary debtors extinguishes the obligation (T/F)

True

In active solidarity, full payment to any creditors extinguishes the obligation (T/F)

True

The entire obligation is to be paid or performed proportionately by the debtors.

Joint Obligation

Each one of the debtors are obliged to pay the entire obligation, each one of the creditors has the right to demand from any of the debtors, the fulfillment of the entire obligation.

Solidary Obligation

The debtor of a determinate thing can compel the creditor to receive a different one if it is more valuable than the thing (T/F)

False

If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due (T/F)

True

In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation (T/F)

True

The debtor in obligation to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor (T/F)

True

The obligation persist even if creditor and debtor are merged in the same person (T/F)

False

Contracts are perfected by mere consent (T/F)

True

Real contracts, such as deposits, pledge or Commo datum, are not perfected until the delivery of the object of the obligation (T/F)

True

Contracts entered into during lucid interval are valid (T/F)

True

A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is void (T/F)

False (voidable)

Future things may be the object of a contract (T/F)

True

All future inheritance may be the object of a contract (T/F)

False

The action to claim rescission must be commenced within ten years (T/F)

False (4 years)

Ratification of voidable contracts in the case of undue influence can be made in 4 years from the time of discovery (T/F)

False (from the time defect of consent ceases)

Those entered into the name of another person by one who has been given no authority or legal representation is an example of voidable contract

False (unenforceable contract)

These are valid contracts that can be legally canceled by one or both parties under certain conditions. These include when one of the party is incapable of giving consent to a contract.

Voidable contracts