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Oblicon Terms & Definitions
Oblicon Terms & Definitions
Terms Accesory Obligation Accessions Accessories Active Solidarity Definitions One which is attached to a principal obligation and, therefore, cannot stand alone The fruits of a thing or additions to or improvements upon a thing (the principal) Things joined to or included with the principal thing for the latter's embellishment, better use or completion. 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 Events which are totally independent of the will of every human being, e.g. earthquake, flood, rain, shipwreck, lightning, volcanic eruption e.g. war, fire, robbery, nurder, insurrection 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 The designation of debt to which should be applied the payment made by a debtor whi has various debts of the same kind in favor of one and the same creditor When both parties are mutually bound to each other; may be reciprocal or non-reciprocal The person is not incapacitated to enter into contracts and to make a disposition of the thing due. The condition depends upon chance or upon the will of a third person Fraud employed in the execution of a contract, which vitiates consent Those delivered by virtue of a juridical relation When a thing disappears in such a way that its existence is unknown 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 Delay of the obligors in reciprocal obligations i.e., delay of the obligor cancels the delay of the obligee, v.v. 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 When the penalty takes place of damages Covers the entire obligation Compliance or performance in accordance with the stipulations or terms of the contract or agreement. There are two or more prestations Entitled to legitime One which cannot be contradicted, like the presumption that everyone is conclusively presumed to know the law A future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or right) subject to it depends One whose consequences are subject in one way or another to the fulfillment of a condition It will take effect during the lifetime of the donor It will become effective upon the death of the donor; must comply with the formalities of a will Gratuitous abandonment by the creditor of his right against the debtor; a form of donation The meeting in one person of the qualities of a creditor and debtor with respect to the same obligation There are several conditions and all must be fulfilled There are several prestations and all of them are due 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 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. Negligence in contracts resulting in their breach Violation of the terms and conditions stipulated in the obligation Where the will of the parties makes as indivisible, obligations which, by their nature, are divisible Takes place by agreement of the parties
Acts of God Acts of man Alternative Obligation Application of payments Bilateral Obligation Capacity to alienate Casual Condition Causal Fraud Civil fruits Civil Loss Civil Negligence Compensatio Morae Compensation Compensatory Penal Clause Complete Condonation Compliance in good faith Compound Obligation Compulsory heirs Conclusive Presumption Condition Conditional Obligation Condonation inter vivos Condonation mortis causa Condonation or Remission Confusion or merger Conjuctive Condition Conjuctive Obligation Consignation Contract
Extra-ordinary fortuitous event Facultative Compensation Facultative Obligation Fortuitous Event Fraud Free disposal of thing due Generic or Indeterminate Ideal or Intellectual Division Implied Condonation Implied Novation Incidental Fraud Indefinite Period Indivisible Condition Indivisible Obligation Industrial fruits Inflation Joint Obligation Joint or Cumulative Penal Clause Judicial Compensation
Judicial Costs
Legitime Loss Mixed Condition Mixed novation Mixed Solidarity Mora Accipiendi Mora Solvendi Natural fruits Natural Indivisibility Negligence Negotiorum Gestio Non-reciprocal Bilateral Obligation Novation Obligation
Obligation with a penal clause Ordinary fortuitous events Partial Compensation Partial Condonation Partial or modificatory novation Passive Solidarity Payment Payment by cession
Potestative Condition Prescription Presumption Principal Obligation Punitive Penal Clause Pure Obligation Qualitative Division Quantitative Division Quasi-Contract
Quasi-Delict
Real Solidarity Reciprocal Bilateral Obligation Residence Resolutory Condition (Condition subsequent) Right Simple loan or mutuum Simple Obligation Solidary Obligation Solutio Indebiti Specific or Determinate Subrogation Subsidiary or Alternative Penal Clause Substitution Suspensive Condition (Condition precedent or condition antecedent) Tender of payment Total Compensation Total or extinctive novation