OBLICON DEFINITIONS
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Terms
Accesory Obligation
Accessions
Accessories
Active Solidarity
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
Contractual Negligence
Contravention of terms
Conventional Indivisibility
Conventional Novation
Conventional or Voluntary
Period
Conventional Penal Clause
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
Period agreed to by the parties
Provided for by the stipulation of the parties

Conventional Solidarity
Conventional Subrogation
Criminal Negligence
Dation in payment
Definite Period
Deflation
Delay or default
Delegacion
Delivery or tradition
Disjunctive Condition
Disputable (or rebuttable)
presumption
Distributive Obligation
Divisible Condition
Divisible Obligation
Domicile
Express Condonation
Express Novation
Expromision
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
Judicial Period
Legal Compensation
Legal Impossibility
Legal Indivisibility
OBLICON DEFINITIONS
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Solidarity is agreed upon by the parties; if nothing is mentioned in the contract, the obligation is only joint
(Novation - Subrogation) when it takes place by express agreement of the original parties (the debtor and the
original creditor) and the third person (the new creditor)
Negligence resulting in the commission of a crime
Conveyance of ownership of a thing as an accepted equivalent of performance
Period fixed or it is known when it will come
The reduction in volume and circulation of the available money or credit,r esulting in a decline of the general
price level; opposite of inflation
Failure to perform an obligation on time which failure constitutes a breach of obligation.
(Novation - Substitution) which takes place when the creditor accepts a third person to take place of the debtor
at the instance of the latter. The creditor may withold approval. All parties must agree
Ownership and other real rights over property are acquired and transmitted in consequence of certain
contracts by tradition or delivery.
There are several conditions and only one must be fulfilled
One which can be contradicted or rebutted by presenting proof to the contrary
One or two or more of the prestations is due (alternative or facultative)
The condition is susceptible of partial performance
One the object of which, in its delivery or performance, is capable of partial fulfillment
The place of a person's habitual residence; the place where he has true fixed permanent home and to which
place he, whenever he is absent, has the intention of returning
Made either verbally or in writing
So declared in unequivocal terms
(Novation - Substitution) which takes place when a third person of his own initiative and without the
knowledge or against the will of the original debtor assumes the latter's obligation with the consent of the
creditor
Those events which are uncommon and which the contracting parties could not have reasonably foreseen
When it can be set up by only one of the parties
Only one prestation is due but the debtor may substitute another
Any event which cannot be foreseen, or which, though foreseen, is inevitable
Deliberate of intentional evasion of the normal fulfillment of an obligation
The thing to be delivered must not be subject to any claim or lien or encumbrance of a third person
A thing is generic or determinate when it refers only to a class or genus to which it pertains and cannot be
pointed out with particularity. Identified by its specie.
One which exists only in the minds of the parties
Inferred from conduct
When the old and the new obligations are essentially incompatible with each other
Committed in the performance of an obligation already existing because of contract
Period not fixed or it is not known when it will come
The condition is not susceptible of partial performance
One the object of which, in its delivery or performance, is not capable of partial fulfillment
Produced by lands of any kind through cultivation or labor.
A sharp sudden increase of money or credit or both without a corresponding increase in business transactions;
causes a drop in the value of money, resulting in the rise of the general price level
One where the whole obligation is to be paid or fulfilled proportionately by the different debtors and/or is to
be demanded proportionately by the different creditors
When both the principal obligation and the penal clause can be enforced
When it takes place by order from a court in litigation; merely a form of legal or voluntary compensation when
declared by the courts by virtue of an action by one of the parties, who refuses to admit it, and by the defense
of the other who invokes it
Statutory amounts allowed to a party to an action for his expenses incurred in the action
Period fixed by the court
When it takes place by operation of law even without the knowledge of the parties
Occurs when the obligation cannot be performed because it is rendered impossible by provision of law,
although physically it may be possible of performance
Where a specific provision of law declares as indivisible, obligations which, by their nature, are divisible
 OBLICON DEFINITIONS
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Legal Loss When a thing goes out of commerce (e.g. when it is expropriated) or when a thing heretofore legal becomes
illegal
Legal Novation Takes place by operation of law
Legal Penal Clause Provided by the law
Legal Period Period provided for by laws
Legal Solidarity Where solidarity is imposed by the law
Legal Subrogation (Novation - Subrogation) when it takes place without agreement but by operation of law
Legal Tender That currency which a debtor can legally compel a creditor to accept in payment of a debt in money when
tendered by the debtor in the right amount
Legitime Part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs,
called compulsory heirs
Loss A thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is
unknown or it cannot be recovered
Mixed Condition The condition depends partly upon chance and partly upon the will of a third person
Mixed novation When the object and/or principal conditions of the obligation and the debtor or the creditor, or both the
parties, are changed
Mixed Solidarity Solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each
one of the creditors has a right to demand, entire compliance with the obligation
Mora Accipiendi Delay on the part of the creditor to accept the performance of the obligation
Mora Solvendi Delay on the part of the debtor to fulfill his obligation
Natural fruits Spontaneous products of the soil, and the young and other products of animals.
Natural Indivisibility Where the nature of the object or prestation does not admit of division, e.g. to give a particular car, to sing a
song, etc.
Negligence Voluntary act or omission, there being no malice, which prevents the normal fulfillment of an obligation

Negotiorum Gestio The voluntary management of the property or affairs of another without the knowledge or consent of the
latter.
Non-reciprocal Bilateral Those which do not impose simultaneous and correlative performance on both parties
Obligation
Novation Extinction of an obligation through the creation of a new one which substitutes it; never presumed
Obligation A juridical relation created by virtue of certain facts, between two or more persons, whereby one of them,
known as the creditor, may demand of the other, known as the debtor or obligor, the observance of a
determinate conduct, and, in case of breach, may obtain satisfaction from the assets of the latter.
Obligation with a penal One which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach
clause
Ordinary fortuitous events Those events which are common and which the contracting parties could reasonably foresee

Partial Compensation When two obligations are of different amounts and a balance remains
Partial Condonation Does not cover the entire obligation
Partial or modificatory When the old obligation is merely modified
novation
Passive Solidarity Solidarity on the part of the debtors, where any one of them can be made liable for the fulfillment of the entire
obligation; in the nature of mutual guaranty
Payment Consists of not only in the delivery of money but also the giving of a thing (other than money), the doing of an
act, or not doing of an act; also, performance.
Payment by cession The assignment or abandonment of all the preoperties of the debtor for the benefit of his creditors in order
that the latter may sell the same and apply the proceeds thereof to the satisfaction of their credits

Penal Clause An accessory undertaking attached to an obligation to assume greater liability in case of breach, i.e., the
obligation is not fulfilled, or is partly or irregularly complied with
Period A future and certain event upon the arrival of which the obligation subject to it either arises or is extinguished

Personal Obligation The subject matter is an act to be done or not to be done.

Personal or subjective When the person of the debtor is substituted and/or when a third person is subrogated in the rights of the
novation creditor
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
Prescription
Presumption
Principal Obligation
Punitive Penal Clause
Pure Obligation
Qualitative Division
Quantitative Division
Quasi-Contract
Quasi-Delict
Real Obligation
Real or objective novation
Real Right
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
Unilateral Obligation
Usury
Venue
Voluntary Compensation
Wrong
OBLICON DEFINITIONS
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The condition depends upon the will of one of the contracting parties
Acquisition of ownership and other rights through the lapse of time in the manner and under the conditions
laid down by law
The interference of fact not actually known arising from its usual connection with another which is known
One which can stand by itself and does not depend for its validity and existence upon another obligation
When the penalty is imposed merely as punishment for breach
One which is not subject to any condition and no specific date is mentioned for its fulfillment, and is, therefore,
immediately demandable
One based on quality, not on number or quantity of the things which are the object of the obligation
One based on quantity rather than on quality
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.
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.
The subject matter is a thing which the obligor must deliver to the obligee.
When the object (or cause) or principal conditions of the obligation are changed
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.
Where solidarity is imposed by the nature of the obligation
Those which arise from the same cause and in which each party is a debtor and a 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.
An element of domicile; requires bodily presence as an inhabitatnt in a given place
One the fulfillment of which will extinguish an obligation (or right) already existing
The power which a person has under the law, to demand from another any prestation.
A contract whereby one of the parties delivers to another, money or other consumable thing, upon the
condition that the same amount of the same kind and quality shall be paid
There is only one prestation
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
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.
A thing is said to be specific or determinate particularly designated or physically segregated others of the same
class. Identified by its individuality.
A kind of novation when a third person is subrogated in the rights of the creditor
When only the penalty can be enforced
A kind of novation when the person of the debtor is substituted
One the fulfillment of which will give rise to an obligation (or right); the demandability of the obligation is
suspended until the happening of the uncertain event which constitutes the condition
The act on the part of the debtor, of offering to the creditor the thing or amount due.
When both obligations are of the same amount and are entirely extinguished
When the old obligation is completely extinguished
When only one party is obliged to comply with a prestation
Contracting for or receiving in excess of the amount allowed by law for the loan or use of money, goods,
chattels or credits
The place where a court suit or action must be filed or instituted
When it takes place by the agreement of the parties
An act or omission of one party in violation of the legal right or rights of another; also, injury.