Law on Obligations and Contracts (Art. 1156-1169)

Flashcards covering definitions, requisites, and effects of obligations and contracts, focusing on key articles and concepts.

An obligation is a __

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

Obligation: Derived from 'obligatio' (Latin), meaning a __

A tie of law or a juridical bond where one is bound to another to render something (give, do, or not do).

Juridical necessity means that __

In case of non-compliance, courts can enforce its fulfillment or its economic value.

Civil obligations __

Grant the creditor a right of action in court to enforce performance.

Natural obligations are __

Not based on positive law, but equity and natural law.

The essential requisites of an obligation are __

Passive Subject (Debtor/Obligor), Active Subject (Creditor/Obligee), Object or Prestation, Juridical or Legal Tie (Efficient Cause).

An obligation is __

The act or performance the law will enforce.

A right is __

The power a person has under the law to demand a prestation from another.

A wrong/cause of action is __

An act or omission violating a legal right, causing injury.

The essential elements of a cause of action are __

A legal right in favor of the plaintiff, a correlative legal obligation on the part of the defendant to respect that right, and an act or omission by the defendant in breach of that right, causing injury to the plaintiff.

Obligations arise from __

Law, Contracts, Quasi-contracts, Crimes (Delicts), and Quasi-delicts (Torts).

A contract is a __

Meeting of minds between two persons where one binds himself to give something or render some service.

Describe binding force in relation to contracts __

Valid contracts are primarily governed by the parties' agreement and become obligatory, having the force of law between them.

Compliance of a contract means __

Performance according to the contract's stipulations, good faith and fair dealing must be observed to prevent one party from taking unfair advantage.

Liability for breach means __

A party cannot breach a contract with impunity, even without a penalty clause. Actionable injury inheres in every contractual breach, potentially leading to damages.

Diligence of a good father of the family refers to __

The ordinary care that a reasonably prudent person would exercise over his own property. This is the default standard of care.

A real right (jus in re) refers to __

A right or interest over a specific thing, enforceable against the whole world. It is acquired upon delivery.

A personal right (jus ad rem) refers to __

A right to demand from another a prestation (to give, to do, or not to do). This right arises from the moment the obligation to deliver arises.

Accessions are __

Fruits of, additions to, or improvements upon a principal thing

Accessories are __

Things joined to or included with the principal thing for its embellishment, better use, or completion.

Delay (Mora) is __

Non-fulfillment of an obligation with respect to time.

The requisites of delay (mora solvendi) are __

The obligation is demandable and liquidated, the debtor delays performance, and the creditor demands performance judicially or extrajudicially.

The kinds of delay are __

Mora Solvendi (delay on the part of the debtor), Mora Accipiendi (delay on the part of the creditor), and Compensatio Morae (delay of both parties in reciprocal obligations).

The effects of delay are __

The debtor is liable for damages and if the obligation is to deliver a determinate thing, the debtor is liable for any fortuitous event until delivery.