OBLICON DEFINITIONS Terms Definitions

Causal Fraud Civil fruits relation Civil Loss

Fraud employed in the execution of a contract, which vitiates consent Those delivered by virtue of a juridical

Accesory ObligationOne 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, betteruse 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 payments The designation of debt to which should be applied the payment made by a debtor which 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 nonreciprocal 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

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 MoraeDelay 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 Clause When the penalty takes place of damages Complete Condonation Covers the entire obligation Compliance in goodfaith Compliance or performance in accordance with the stipulations or terms of the contractor agreement. Compound Obligation There are two or more prestations Compulsory heirs Entitled to legitime Conclusive Presumption One which cannot be contradicted, like the presumption that everyone is conclusively 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 intervivos It will take effect during the lifetime of the donor

Condonation mortiscausa It will become effective upon the death of the donor; must comply with the formalities of a will Condonation or Remission Gratuitous abandonment by the creditor of his right against the debtor; a form of 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. ContractualNegligence Negligence in contracts resulting in their breach Contravention of terms Violation of the terms and conditions stipulated in the obligation Conventional Indivisibility Where the will of the parties makes as indivisible, obligations which, by their nature, are divisible Conventional Novation Takes place by agreement of the parties Conventional or Voluntary Period Period agreed to by the parties Conventional Penal ClauseProvided for by the stipulation of the parties Conventional Solidarity Solidarity is agreed upon by the parties; if nothing is mentioned in

the contract, the obligation is only joint Conventional Subrogation (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) Criminal Negligence Negligence resulting in the commission of a crime Dation in payment Conveyance of ownership of a thing as an accepted equivalent of performance Definite Period Period fixed or it is known when it will come Deflation The reduction in volume and circulation of the available money or credit, resulting in a decline of the general price level; opposite of inflation Delay or default Failure to perform an obligation on time which failure constitutes a breach of obligation. Delegacion (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 withhold approval. All parties must agree Delivery or tradition Ownership and other real rights over property are acquired and transmitted inconsequence of certain contracts by tradition or delivery. Disjunctive Condition There are several conditions and only one must be fulfilled Disputable (or rebuttable) presumption One which can be contradicted or rebutted by presenting proof to the contrary Distributive Obligation One or two or more of the prestations is due (alternative or facultative)

Divisible Condition Divisible Obligation Domicile

Express Condonation writing Express Novation Expromision

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

So declared in unequivocal termsE (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 Extra-ordinary fortuitous event Those events which are uncommon and which the contracting parties could not have reasonably foreseen Facultative Compensation When it can be set up by only one of the parties Facultative Obligation Only one prestation is due but the debtor may substitute another Force Majeure An event caused by the legitimate or illegitimate acts of persons other than the obligor; there is human intervention Fortuitous Event Any event which cannot be foreseen, or which, though foreseen, is inevitable Fraud Deliberate of intentional evasion of the normal fulfillment of an obligation Free disposal of thing due The thing to be delivered must not be subject to any claim or lien or encumbrance of a third person

Generic or Indeterminate 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. Ideal or Intellectual Division One which exists only in the minds of the parties Implied Condonation Inferred from conduct Implied Novation When the old and the new obligations are essentially incompatible with each other Incidental Fraud Committed in the performance of an obligation already existing because of contract Indefinite Period Period not fixed or it is not known when it will come Indivisible Condition The condition is not susceptible of partial performance Indivisible Obligation One the object of which, in its delivery or performance, is not capable of partial fulfillment Industrial fruits Produced by lands of any kind through cultivation or labor. Inflation 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 Joint Obligation 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 Joint or Cumulative Penal Clause When both the principal obligation and the penal clause can be enforced Judicial Compensation When it takes place by order from a court in litigation; merely a form of legal or voluntary compensation

Judicial Period Legal Compensation Legal Impossibility

Legal Indivisibility Legal Loss

Legal Novation law Legal Penal Clause Legal Period Legal Solidarity by the law Legal Subrogation Legal Tender

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 Judicial Costs 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 When a thing goes out of commerce (e.g. when it is expropriated) or when a thing heretofore legal becomes illegal Takes place by operation of Provided by the law Period provided for by laws Where solidarity is imposed (Novation - Subrogation) when it takes place without agreement but by operation of law 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 Part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs, called compulsory heirs

Loss

Legitime

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 Obligation Those which do not impose simultaneous and correlative performance on both parties

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 clause One which contains an accessory undertaking to pay a previously stipulated indemnity incase of breach 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 novation When the old obligation is merely modified 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 properties 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 novation When the person of the debtor is substituted and/or when a third person is subrogated in the rights of the 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 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 Prestation A payment of money; a toll or duty; also, the rendering of a service.

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 parties 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 novation When the object (or cause) or principal conditions of the obligation are changed 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 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. Residence An element of domicile; requires bodily presence as an inhabitant in a given place Resolutory Condition (Condition subsequent) One the fulfillment of which will extinguish an obligation (or right) already existing Right The power which a person has under the law, to demand from another any prestation. Simple loan or mutuum 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 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 Determinate A thing is said to be specific or determinate particularly designated or physically 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 Alternative Penal Clause When only the penalty can be enforced Substitution A kind of novation when the person of the debtor is substituted

Suspensive

Condition(Condition precedent or condition antecedent) 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 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 novation When the old obligation is completely extinguished 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 Compensation When it takes place by the agreement of the parties Wrong An act or omission of one party in violation of the legal right or rights of another; also, injury.