Law on Obligations Review Flashcards

These flashcards cover key concepts and definitions related to Law on Obligations, providing a comprehensive overview for exam preparation.

Obligation

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

Civil Obligation

Gives a right of action to compel performance.

Natural Obligation

Not based on positive law but on equity; does not grant a right of action to enforce performance.

Active Subject

The person in whose favor the obligation is constituted (creditor/obligee).

Passive Subject

The person who is required to perform the obligation (debtor/obligor).

Prestation

The subject matter of the obligation, which may involve giving, doing, or not doing something.

Transmissibility of Obligation

General rule: all rights acquired in virtue of an obligation are transmissible.

Obligations ex lege

Obligations derived from law, which must be expressly determined.

Obligations ex contractu

Obligations arising from contracts which have the force of law between parties.

Quasi-Contract

A juridical relation arising from lawful, voluntary, and unilateral acts to prevent unjust enrichment.

Delict

An act or omission punishable by law and gives rise to civil liability.

Quasi-Delict

Causing damage to another through fault or negligence without a prior contractual relation.

Solidary Obligation

An obligation where each debtor is liable for the entire obligation, or each creditor can demand the whole.

Joint Obligation

An obligation where each debtor is liable only for a proportionate part.

Mora Solvendi

Delay on the part of the debtor.

Mora Accipiendi

Delay on the part of the creditor.

Compensation

A mode of extinguishing obligations when parties are reciprocally creditors and debtors.

Novation

The act of replacing an old obligation with a new one.

Condonation

The act of forgiving or remitting a debt.

Fortuitous Event

An extraordinary event that is unforeseeable and unavoidable.

Preponderance of Evidence

The required quantum of evidence necessary for civil liability to attach.

Proof Beyond Reasonable Doubt

The required standard for proving criminal liability.

Indivisible Obligation

Obligation to give definite things which cannot be fulfilled in parts.

Divisible Obligation

Obligation that can be performed in portions.