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GENERAL LAWS/ NATURE AND EFFECT OF OBLIGATIONS

IDENTIFICATION

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The following are considered a great offense and will automatically mean a GRADE OF 5: 1) Talking to a seatmate or to anyone during the examination. 2) Using cellphone, ipod, itouch, iPad, camera or any electronic device anytime during the examination. 3) Opening of notes, books or any lectures during examination 4) Eyes on the projector only. Anyone caught looking in their sides is included. 5) Making any noise in any form either expressively or impliedly. 6) Cheating in any form. NO WARNING WILL BE GIVEN! YOU WILL NOT BE HUMILIATED DURING THE EXAM! JUST WAIT THE POST IN FB!!! IF YOU WILL RECEIVE 5 IN THE POST, NO EXPLANATION IS NECESSARY! JUST ENROL THE SUBJECT AGAIN NEXT TERM...

REMEMBER...
• HONESTY, justice and courtesy form a moral philosophy which associated with mutual interest among men constitutes the FOUNDATION OF ETHICS. • The keystone of PROFESSIONAL CONDUCT is INTEGRITY.

PART 1 - IDENTIFICATION
Identify the term/s related to the given statement

1 • Presumption is not allowed to be contradicted by other evidence. • CONCLUSIVE PRESUMPTION • Presumption that is permitted to be contradicted and overcome by other evidence. • DISPUTABLE PRESUMPTION .

• Moral Law . • Physical Law • The totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community.2 • Uniformities of actions sequence of physical phenomena that we sense and feel.

• Fortuitous event • Event which is against human will such as acts of robbery by an armed band. • Force Majeure . was inevitable. or act of a robber done with the use of arms.3 • An event that could not be foreseen or which though foreseen.

• Culpa criminal .4 • This is the negligence committed in the performance of a contract also known as contractual negligence. negligence that results in the commission of a crime. • Culpa contractual • This is also known as criminal negligence.

5 • This is fraud without • This is fraud without which consent would which consent would have still been given but not have been given. • dolo causante • dolo incidente . It the person giving it renders the contract would have agreed on voidable and also different terms. known as incidental fraud. It is also known as causal fraud.

6 • Damages to vindicate or recognize a right. to be paid in case of breach. • NOMINAL DAMAGES • Damages agreed upon by the parties to a contract. and not for indemnifying any loss suffered. • LIQUIDATED DAMAGES .

7 • The contracting for or receiving something in excess of the amount allowed by law for the loan or forbearance of money. • Injury . • Usury • It refers to the wrongful. It is the legal wrong to be redressed. unlawful or tortuous act.

• Presumption . • Fraud • An interference as to the existence of a fact not actually known.8 • The deliberate and or intentional evasion by the debtor of the normal compliance of his obligation. arising from its usual connection with another which is known.

applying or interpreting the laws form part of the legal system of the Philippines.9 • The decisions of the court. particularly the Supreme Court. • Declaration of the legal rules by a competent authority. • Legislation • Judicial Decisions or Jurisprudence .

the individual on their application.10 • Laws which allow • Laws which require discretion on the part of something to be done. • Mandatory Laws • Permissive Laws .

• Private Law • Body of legal rules which regulates the rights and duties arising from the relationship of the state to the people.11 • Body of rules which regulates the relations of individuals with one another for purely private ends. • Public Law .

• Reciprocal obligations • Obligations arising out of the same cause and are to be fulfilled at the same time. • Reciprocal Obligations .12 • Obligations arising out of the same cause and are to be fulfilled at the same time.

. • Natural Obligations • Civil Obligations • Obligations are based on positive law which give to the creditor a right under the law to enforce their performance in courts. do not grant a right action to enforce their performance.13 • It is based on equity and natural law.

14 • Demand made outside of the court and which may be made orally or in writing. . • Extrajudicial demand • Judicial demand • Demand that takes the form of a complaint filed in court by the creditor against the debtor.

15 • Default on the part of the creditor. • Mora Solvendi . • Mora Accipiendi • Default on the part of the debtor.

• Juridical or Legal Tie (also called efficient clause) • Object or prestation .16 • Binds or connects the parties to the obligations. • The conduct required to be observed by the debtor.

17 • Includes obligation not to do or obligation not to give. • Positive personal obligation • Negative personal obligation . • Obligation to do or to render service.

ornamentation. • ACCESSIONS .18 • Anything that is attached to or included in another thing of more importance to add to the utility. preservation or completion of the latter. either naturally or artificially. • Accessories • Include everything which is produced by a thing or which is incorporated or attached thereto.

19 • Are those produced by land of any kind through cultivation or labor. • Industrial Fruits • Are the spontaneous products of the soil and the young and other products of animals. • Natural Fruits .

• An act or omission by a person which causes damage to another giving rise to an obligation to pay for the damage done. • Quasi-delict • Quasi-contract .20 • Juridical relation resulting from lawful. but there is no pre-existing contractual relation between the parties. there being fault or negligence. voluntary. unilateral acts by virtue of which the parties become bound to each other to the end that no one will be justly enriched or benefited at the expense of another.

• Delivery • It means placing the object in the control and possession of the creditor.21 • It means placing the object in the control and possession of the creditor. • Delivery .

• Negotiorum gestio . • Solutio indebiti • Voluntary management of the property or affairs of another without the knowledge or consent of the latter.22 • Juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered by mistake.

• GENERIC OR INDETERMINATE THING • DETERMINATE THING .23 • One that refers to a • One which is class or genus without particularly designated being distinguished or physically segregated from others of the same from all others of the class. same class.

• Mora Sovendi ex persona • Mora Solvendi ex re .24 • Debtor’s default in personal obligations (obligations to do) • Debtor’s default in real obligation (obligations to give).

• injury • Usury • The contracting for or receiving something in excess of the amount allowed by law for the loan or forbearance of money. .25 • It refers to the wrongful. It is the legal wrong to be redressed. unlawful or tortuous act.

IDENTIFICATIO Identify the Article related to the given statement .PART 2 .

unless such failure is due to a fortuitous event. of the time and of the place .1 • The debtor who fails to observe the diligence required in the preservation of the thing shall be liable for the payment of damages. • ARTICLE 1174 • The fault or negligence of the debtor consists in the omission of that diligence which is required by the nature of the obligation and corresponds to the circumstances of the person.

. and the obligor does what has been forbidden him. it shall also be undone at his expense.2 • The creditor has a right to the fruits of the thing from the time the obligation to deliver the thing arises. • ARTICLE 1164 • When the obligation consists in not doing.

• ARTICLW 1423 • Remedies of the creditor in an obligation to do (positive personal obligation) .3 • Nature of obligations under the Civil Code.

4 • If the thing is • Usurious transactions indeterminate or shall be governed by generic. the obligation be complied with at the expense of the debtor. he may ask that special laws. • ARTICLE 1165 .

• ARTICLE 1158 .5 • Obligations derived from law are not presumed. • The receipt of the principal by the creditor. without reservation with the respect of the interest . shall give rise to the presumption that said interest has been paid.

6 • If a person obliged to do • The payment of the something fails to do it. made until the interest have been covered. principal shall not be the same shall be deemed to have been executed at his cost. • ARTICLE 1167 .

or delay. negligence. and those who in any manner contravene the tenor thereof. are liable for damages. . • ARTICLE 1159 • Those who in the performance of their obligations are guilty of fraud.7 • Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

8 • Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfilment of their obligations. . • ARTICLE 1169 • Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfilment of their obligations.

and those who in any manner contravene the tenor thereof. negligence.9 • Those who in the performance of their obligations are guilty of fraud. . or delay. • ARTICLE 1170 • Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. are liable for damages.

10 • The payment of the principal shall not be deemed to have been made until the interest have been covered. the same shall be executed at his cost. • ARTICLE 1253 • If a person obliged to do something fails to do it. .

shall give rise to the presumption that said interest has been paid. without reservation with the respect of the interest . . • ARTICLE 1176 • Obligations derived from law are not presumed.11 • The receipt of the principal by the creditor.

• ARTICLE 1175 . • If the thing is indeterminate or generic.12 • Usurious transactions shall be governed by special laws. he may ask that the obligation be complied with at the expense of the debtor.

13 • Remedies of the creditor in an obligation to do (positive personal obligation) • ARTICLE 1170 • Nature of obligations under the Civil Code. .

it shall also be undone at his expense. . • ARTICLE 1168 • The creditor has a right to the fruits of the thing from the time the obligation to deliver the thing arises.14 • When the obligation consists in not doing. and the obligor does what has been forbidden him.

.15 • The fault or negligence of the debtor consists in the omission of that diligence which is required by the nature of the obligation and corresponds to the circumstances of the person. of the time and of the place • ARTICLE 1173 • The debtor who fails to observe the diligence required in the preservation of the thing shall be liable for the payment of damages. unless such failure is due to a fortuitous event.

unless the law or stipulation of the parties requires another standard of care.” -Article 1163-j- .• “Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family.