PREFINAL REVIEWER (OBLICON)

1) CONDITION

- is a future, and uncertain events upon the happening of which, the

effectivity or extinguishment of an obligation (or right) to it depends.

>>CHARACTERICTICS OF A CONDITION

1) FUTURE AND UNCERTAIN

2) PAST BUT UNKOWN

2) MORAL DAMAGES

- physical suffering, mental anguish, fright, serious anxiety, besmirched

reputation, wounded feelings, moral shocks, social humiliation, and similar
injury.

3) PURE OBLIGATION

- Is one which is not subject to any condition and no specific date is

mentioned for its fulfillment and its and is, therefore immediately demandable.

4) USUFRACT

- is a legal right accorded to a person or party that confers the temporary right
to use and derive income or benefit from someone else's property. It is a
limited real right that can be found in many mixed and civil law jurisdictions.
A usufructuary is the person holding the property By usufruct.

5) PERIOD

- is a future and certain events upon the arrival of which the obligation (or
right) subject to it either arises or terminated. It is a day certain which must
necessarily come ( ex : like the year 2010 , next Christmas ) although it might
not be known when, like the death of a person.
*>> obligation with a period is one whose effects or consequences are
subjected in one way or another to the expiration or arrival of the next
period.

6) NOMINAL DAMAGES

- refers to a damage award issued by a court when a legal wrong has

occurred, but where there was no actual financial loss as a result of that legal
wrong.

7) CONDITIONAL OBLIGATION

- one whose consequences are subject in one way or another to the

fulfillment of a condition.

8) ACTUAL DAMAGES

- refer to the financial amount that is paid to a victim that suffered loss that
can be calculated. Actual damages are often known as real damages or,
legally, as compensatory damages.

9) EXEMPLARY DAMAGES

- (AKA PUNITIVE DAMAGES) shared damages assessed in order to punish

the defendant for outrageous conduct and/or to reform or deter the defendant
and others from engaging in conduct similar to that which formed the basis of
the lawsuit.

10) LIQUIDATED DAMAGES

- are presented in certain legal contracts as an estimate of otherwise

intangible or hard-to-define losses to one of the parties. It is a provision that
allows for the payment of a specified sum should one of the parties be in
breach of contract.
11) TEMPERATE DAMAGES

- mean reasonable damages. It is usually more than nominal damages but

less than compensatory damages and may be recovered when the court
finds that some pecuniary loss has been suffered but its amount cannot, from
the nature of the case, be proved with certainty.

12) FACULTATIVE OBLIGATION

- refers to a type of obligation where one thing is due, but another is paid in
its place. In such type of obligations there is no alternative provided. The
debtor is given the right to substitute the thing due with another that is not
due.

13) JOINT OBLIGATION (SOLIDARY OBLIGATION )

- a legal relationship where one or more of several debtors are each liable to
pay the entire amount, or one or more of several creditors each able to collect
the whole.

14) RESCISSION

- is the undoing of a contract between two parties

15) LOSS

- any and all Expenses, damages, losses, liabilities, judgments, fines,

penalties (whether civil, criminal or other) and amounts paid or payable in
settlement, including, without limitation, all interest, assessments and other
charges paid or payable in connection with or in respect of any of the
foregoing.
>> 3 KINDS OF LOSS

A) PHYSICAL LOSS
- when a thing perishes as when a house is burned ad reduced to ashes

B) LEGAL LOSS
- when a thing goes out of commerce or when a thing heretofore legal
becomes illegal

C) CIVIL LOSS
- when a thing disappears in such a way in its existence is unknown; or even
if known, its cannot be recovered , whether of fact or law.

16) PENAL CLAUSE

- It is an accessory obligation attached to the principal obligation to assure
greater responsibility in case of breach.

17) DAMAGES
- damage is defined in legal terms as a loss or harm resulting from injury to
a person, property or reputation. Damages, on the other hand, refers to
compensation - such as a monetary judgment - provided to a person who has
suffered a loss or harm due to the unlawful act or omission of another.
>> Three (3) Kinds of Damages
1) COMPENSATORY.
- Compensatory damages are generally the most identifiable and concrete
type of damages. ...

•2) GENERAL.
- General damages are sought in conjunction with compensatory damages. ...

•2) PUNITIVE.
- Punitive damages are meant to punish a Defendant for particularly
egregious conduct.
(egregious = outstandingly bad; shocking )

18) SOLIDARY LIABILITY

- refers to liabilityof any one debtor among two or more joint debtors to pay
the entire debt if the creditor so chooses. It is equivalent to joint and several
liability in the common law.

19) DIVISIBLLE OBLIGATION

- obligation in which the object, in its delivery or performance, is capable of
partial fulfillment

20) INDIVISIBLE OBLIGATION

- an obligation in which the object, in its delivery or performance, is NOT
capable of partial fulfillment.
21) SUSPENSIVE CONDITION

- is a condition which suspends rights and obligations (or the validity of the
entire contract) until a certain future event occurs. Upon the occurrence of the
event, the suspended part of the contract (or indeed the entire contract) is
brought to life

22) 5 POSSIBLE CONDITIONS

23) 5 IMPOSSIBLE CONDITIONS

>> 2 KINDS OF IMPOSSIBLE CONDITION

A) PHYSICALLY IMPOSSIBLE CONDITION
B) LEGALLY IMPOSSIBLE CONDITION

24) 2 KINDS OF PERSONAL OBLIGATION

A) POSITIVE PERSONAL OBLIGATION
B) NEGATIVE PERSONAL OBLIGATION

25) UNILATERAL CONDITION

- when only one party is obliged to comply with a prestation.

26) BILATERAL CONDITION

- when both parties are mutually bound to each other. In other words, both
parties are debtors and creditors to each other. Bilateral obligations ay be
reciprocal or non-reciprocal.