BUL MID

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24 Terms

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Obligation

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



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Contract

an agreement between two persons whereby one binds himself with respect to the other, to give something or to render some service.

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Sources of Obligation

  1. Law

2. Contracts

3. Quasi-contracts

4. Acts or omissions punished by law (Delicts/Crimes)

  1. Quasi-delicts


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Obligation

Juridical tie to give, to do, or not to do.


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Quasi-contract

Lawful, voluntary act which creates obligation.

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Quasi-delict

Act or omission causing damage to another due to fault or negligence, without contractual relation.

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Diligence of a Good Father of a Family

Ordinary care that an average prudent person would exercise. Standard of care if not stated in contract or law.


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Accessions

fruits or additions to a thing.

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Accessories

things used for embellishment or better use.

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Delay (Mora)

Failure to perform obligation on time.

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Fraud

any activity that relies on deception in order to achieve a gain.

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Negligence

Omission of diligence required. Failure to observe care required by circumstances.


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Fortuitous Event

Unforeseen event that makes performance impossible.

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Pure Obligation

No condition or period, demandable at once.

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Suspensive Condition

Condition that must happen before obligation arises.

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Resolutory Condition

Condition that extinguishes obligation already existing.

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Potestative Condition

Depends on will of one party.

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Reciprocal Obligations

Both parties are debtor and creditor of each other.

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Rescission

Remedy to cancel contract due to lesion/damage.

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Day Certain

Exact date known to come.

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Suspensive Period

Period that suspends demandability.

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Resolutory Period

Period that ends obligation.

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Alternative Obligation

Several prestations but only one is due, debtor must choose completely.

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Facultative Obligation

Only one prestation is due but debtor may substitute another