Professional Documents
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Terms Definitions
Accesory Obligation One which is attached to a principal obligation and, therefore, cannot stand alone
Accessions The fruits of a thing or additions to or improvements upon a thing (the principal)
Accessories Things joined to or included with the principal thing for the latter's embellishment, better
use or completion.
Active Solidarity Solidarity on the part of the creditors, where any one of them can demand the fulfillment
of the entire obligation; essential feature is that of mutual representation among the
solidary creditors with powers to exercise the rights of others in the same manner as
their rights
Acts of God Events which are totally independent of the will of every human being, e.g. earthquake,
flood, rain, shipwreck, lightning, volcanic eruption
Acts of man e.g. war, fire, robbery, nurder, insurrection
Alternative Obligation Several prestations are due but the performance of one is sufficient as determined by the
choice which, as a general rule, belongs to the debtor
Application of The designation of debt to which should be applied the payment made by a debtor whi
payments has various debts of the same kind in favor of one and the same creditor
Bilateral Obligation When both parties are mutually bound to each other; may be reciprocal or non-reciprocal
Capacity to alienate The person is not incapacitated to enter into contracts and to make a disposition of the
thing due.
Casual Condition The condition depends upon chance or upon the will of a third person
Causal Fraud Fraud employed in the execution of a contract, which vitiates consent
Civil fruits Those delivered by virtue of a juridical relation
Civil Loss When a thing disappears in such a way that its existence is unknown
Civil Negligence Negligence which by itself is the source of an obligation between the parties not so
related before any pre-existing contract; also tort or quasi-delict
Compensatio Morae Delay of the obligors in reciprocal obligations i.e., delay of the obligor cancels the delay
of the obligee, v.v.
Compensation The extinguishment to the concurrent amount of the debts of two persons who, in their
own right, are the debtors and creditors of each other
Compensatory Penal When the penalty takes place of damages
Clause
Complete Condonation Covers the entire obligation
Compliance in good Compliance or performance in accordance with the stipulations or terms of the contract
faith or agreement.
Compound Obligation There are two or more prestations
Compulsory heirs Entitled to legitime
Conclusive One which cannot be contradicted, like the presumption that everyone is conclusively
Presumption presumed to know the law
Condition A future and uncertain event, upon the happening of which, the effectivity or
extinguishment of an obligation (or right) subject to it depends
Conditional Obligation One whose consequences are subject in one way or another to the fulfillment of a
condition
Condonation inter It will take effect during the lifetime of the donor
vivos
Condonation mortis It will become effective upon the death of the donor; must comply with the formalities of
causa a will
Condonation or Gratuitous abandonment by the creditor of his right against the debtor; a form of
Remission donation
Confusion or merger The meeting in one person of the qualities of a creditor and debtor with respect to the
same obligation
Conjuctive Condition There are several conditions and all must be fulfilled
Conjuctive Obligation There are several prestations and all of them are due
Consignation The act of depositing the thing or amount due with the proper court when the creditor
does not desire or cannot receive it, after complying with the formalities required by law
Contract A juridical convention manifested in legal form, by virtue of which one or more persons
bind themselves in favor of another or others, or reciprocally, to the fulfillment of a
prestation to give, to do or not to do.
Contractual Negligence in contracts resulting in their breach
Negligence
Contravention of Violation of the terms and conditions stipulated in the obligation
terms
Conventional Where the will of the parties makes as indivisible, obligations which, by their nature, are
Indivisibility divisible
Conventional Novation Takes place by agreement of the parties
OBLICON DEFINITIONS
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Personal Right Right or power of a person (creditor) to demand from another (debtor), as a definite
passive subject, the fulfillment of the latter's obligation to give, to do or not to do.
Enforceable only against a particular person.
Physical Loss When a thing perishes as when a house is burned and reduced to ashes
Pledge A contract by virtue of which the debtor delivers to the creditor or to a third person a
movable instrument evidencing incorporeal rights for the purpose of securing the
fulfillment of a principal obligation with the understanding that when the obligation is
fulfilled the thing delivered shall be returned with all its fruits and accessions
Potestative Condition The condition depends upon the will of one of the contracting parties
Prescription Acquisition of ownership and other rights through the lapse of time in the manner and
under the conditions laid down by law
Presumption The interference of fact not actually known arising from its usual connection with another
which is known
Principal Obligation One which can stand by itself and does not depend for its validity and existence upon
another obligation
Punitive Penal Clause When the penalty is imposed merely as punishment for breach
Pure Obligation One which is not subject to any condition and no specific date is mentioned for its
fulfillment, and is, therefore, immediately demandable
Qualitative Division One based on quality, not on number or quantity of the things which are the object of the
obligation
Quantitative Division One based on quantity rather than on quality
Quasi-Contract A juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which
the aprties become bound to each other to the end that no one will be unjustly enriched
or benefited at the expense of another.
Quasi-Delict An act or omission by a person (tort feasor) which causes damage to another giving rise
to an obligation to pay for the damage done, there being fault or negligence but there is
no pre-existing contractual relation between the parties.
Real Obligation The subject matter is a thing which the obligor must deliver to the obligee.
Real or objective When the object (or cause) or principal conditions of the obligation are changed
novation
Real Right The right or interest of a person over a specific thing (like ownership, possession,
mortgage), without a definite passive subject against whom the right may be personally
enforced. Directed against the whole world.
Real Solidarity Where solidarity is imposed by the nature of the obligation
Reciprocal Bilateral Those which arise from the same cause and in which each party is a debtor and a
Obligation creditor of the other, such that the performance of one is designed to be the equivalent
and the condition for the performance of the other.
Residence An element of domicile; requires bodily presence as an inhabitatnt in a given place
Resolutory Condition One the fulfillment of which will extinguish an obligation (or right) already existing
(Condition
subsequent)
Right The power which a person has under the law, to demand from another any prestation.
Simple loan or A contract whereby one of the parties delivers to another, money or other consumable
mutuum thing, upon the condition that the same amount of the same kind and quality shall be
paid
Simple Obligation There is only one prestation
Solidary Obligation One where each one of the debtors is bound to render, and/or each one of the creditors
has a right to demand from any of the debtors, entire compliance with the prestation
Solutio Indebiti The juridical relation which is created when something is received when there is no right
to demand it and it was unduly delivered through mistake.
Specific or A thing is said to be specific or determinate particularly designated or physically
Determinate segregated others of the same class. Identified by its individuality.
Subrogation A kind of novation when a third person is subrogated in the rights of the creditor
Subsidiary or When only the penalty can be enforced
Alternative Penal
Clause
Substitution A kind of novation when the person of the debtor is substituted
Suspensive Condition One the fulfillment of which will give rise to an obligation (or right); the demandability of
(Condition precedent the obligation is suspended until the happening of the uncertain event which constitutes
or condition the condition
antecedent)
Tender of payment The act on the part of the debtor, of offering to the creditor the thing or amount due.
Total Compensation When both obligations are of the same amount and are entirely extinguished
Total or extinctive When the old obligation is completely extinguished
novation
OBLICON DEFINITIONS
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Unilateral Obligation When only one party is obliged to comply with a prestation
Usury Contracting for or receiving in excess of the amount allowed by law for the loan or use of
money, goods, chattels or credits
Venue The place where a court suit or action must be filed or instituted
Voluntary When it takes place by the agreement of the parties
Compensation
Wrong An act or omission of one party in violation of the legal right or rights of another; also,
injury.