Reviewer law obligations PDF

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Summary

Solutio indebiti = Return of what has been paid by mistake Obligation with a penal clause = There is a greater liability in case of breach in performance Delegacion = Assumption of the obligation by a third person upon the initiative of the debtor Real right = Enforceable against the whole world Alt...

Description

1.

Solutio indebiti = Return of what has been paid by mistake

2.

Obligation with a penal clause= There is a greater liability in case of breach in performance

3.

Delegacion= Assumption of the obligation by a third person upon the initiative of the debtor

4.

Real right = Enforceable against the whole world

5.

Alternative obligation = Several prestation are due but the complete performance of one of them extinguishes the obligation

6.

Ex die = Period with a suspensive effect

7.

Passive solidary = Solidary on the part of the debtors

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Joint obligation= Each debtor is liable only for a proportionate part of the debt, and each creditor is entitled only to a proportionate part of the credit

9.

Personal right = Enforceable only against a definite passive subject

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Efficient cause = The reason why the obligation exists

11.

Determinate thing = Particularly designated or physically segregated from all others of the same class

12.

Payment by cession = Assignment of the debtor’s properties to his creditors

13.

Fortuitous event = It cannot be foreseen, or even if foreseen is inevitable

14.

Day certain = That which must necessarily come although it may not be known when

15.

Active solidary = None of the foregoing

16.

Application of payment = Choosing a debt to which payment is to be applied

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Dation in payment = Delivery and transmission of ownership of a thing by the debtor to his creditor to settle a monetary obligation

18.

Potestative condition= Depends upon the sole will of one of the contracting parties

19.

Accessories = Added to a thing for its better use, enjoyment or perfection

20.

Prestation = It consists of giving, doing or not doing something

21.

Natural Fruits = Spontaneous products of the soil and the young and other products of animals 

22.

grass

Penal Clause = An accessory undertaking to assume greater liability in case of breach in obligation

23.

Unilateral Obligation = Only one of the parties to the obligation is obliged to comply with a prestation 

An example of a unilateral contract is an insurance policy contract, which is usually partially unilateral



In a bilateral contract, both parties agree to an obligation. Typically, bilateral contracts involve equal obligation from the offeror and the offeree.

24.

Subrogation = The substitution of another person in the place of the creditor, where the former succeeds to the right of the creditor in relation to the debt

25.

Accion pauliana = The remedy of creditors to impugn contracts entered into by the debtor to defraud them

26.

Obligation = Juridical necessity to give, to do or not to do

27.

Mora accipiendi = Delay on the part of the creditor

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Positive condition = The condition that some event happens at a determinate time

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Inflation = A sharp sudden increase in money or credit or both without a corresponding increase in business transactions

30.

Indivisible obligation= Obligation not susceptible of partial performance

31.

Solidary obligation= Any one of the debtors may be held liable for the whole obligation, and any one of the creditors is entitled to demand payment of the whole obligation

32.

Negligence= Omission of diligence required by nature of the obligation and corresponds with the circumstances of the person, of the time, and of the place

33.

Expromision = Substitution of debtor initiated by a third person

34.

Industrial Fruits = Products of the soil with the intervention of human labor

35.

Reciprocal obligation= The obligations arise out of the same cause and must be fulfilled at the same time

36.

In diem= Period with resolutory effect 

37.

I will support you until you die

Suspensive condition= The happening thereof gives rise to an obligation. Pag nangyari lang saka magiging demandable.

38.

Condonation= Gratuitous abandonment by the creditor of his right to the obligation. 

39.

Form of donation

Deflation= The reduction in volume in circulation of the medium of exchange

40.

Facultative Obligation = Only one prestation is due but the debtor may render another in substitution

41.

Negative condition= The condition that some event will not happen at a determinate time

42.

Negotiorum gestio= Management of the property or affairs of another without his consent

43.

Condition = An uncertain event that wields an influence on a legal relation

44.

Payment = Delivery of money or performance of an obligation in any other manner

45.

Legal tender = That which the debtor may compel the creditor to accept as payment

46.

Generic thing = It never perishes

47.

Civil fruits= They refer to those arising out of a juridical relation, such as the rent of an apartment

48.

Resolutory condition = The happening thereof extinguishes the obligation

49.

Consignation= Delivery of the sum of thing due with the juridical authority

50.

Confusion= Qualities of debtor and creditor are merged in the same person

ACCION PAULIANA – an action where the creditor files an action in court for the rescission of acts or contracts entered into by the debtor designed to defraud the former ACCION REIVINDICATORIA – an action where the plaintiff alleges ownership over a parcel of land seeks recovery of its possession ACCION SUBROGATORIA – an action where the creditor whose claims had not been fully satisfied, may go after the debtors (third persons) of the defendant-debtor ANNUITY – is any continuing payment with a fixed total amount

ANTI-CHRESIS – an agreement between the creditor and the debtor where the latter gives the former the income from the property he/she has pledged in lieu of interest on his/her debt CARTE BLANCHE – complete freedom to act as one wishes or thinks best CERTIORARI – a writ or order by which a higher court reviews a decision of a lower court CLAIMS – a legal assertion or demand by a person who wants a payment, compensation or reimbursement for a loss under a contract or an injury caused by negligence COMMODATUM – a a gratuitous contract involving a proper loan, that is, loan of a thing where the obligation is to return the goods in exactly the form in which it was lent CONSIGNATION – the act of depositing the object of obligation to the court if the creditor unjustifiably refused to accept the same or not in the position to accept it due to some reason or circumstances CREDITOR – an individual or an entity to whom money is due; “pinagkakautangan” DEBTOR – an individual or an entity that is in debt to another; “may utang” DEPOSIT – to place for safekeeping or in trust by the depositor, without any reward and which to be returned when the depositor shall require it EQUITY – under the context of obligations and contract, equity is the money value of property on top of claims, liens, or property mortgages; in its broadest definition, equity means fairness INDEMNITY AGREEMENT – a contract where one party agrees to protect another party against certain future claims or losses INTESTATE SUCCESSION – the distribution when a person dies without leaving a valid will for the spouse and heirs LEGITIME – a portion of an estate which children or other close relatives can claim against the decedent’s testament LETTER OF CREDIT (L/C) – released by a bank in behalf of its client to ensure that correct and prompt payment will be made to the supplier; when the buyer fails to make payment on the purchase, the bank will be required to cover the amount of the purchase

LIENS – serves as a security for a debt or performance charge given by the debtor to the creditor; it is the creditor’s qualified right over a specific property of his debtor MORTGAGE – a document expressing the owner’s (mortgagor) will to pledge his/her property title to a lender (mortgagee) as security for a loan according to a promissory note MOTU PROPIO – a Latin term meaning “on his own impulse” that is used to refer to a document that is issued and personally signed by the Pope which may contain instructional or administrative matters of church law or governing bodies, or may be used to grant a special favor OBLIGEE – an individual or entity to whom one is under obligation based on a contract or legal agreement OBLIGOR – an individual or entity that is bound to another for a certain debt or duty by means of a contract or legal agreement ONUS PROBANDI – evidence or burden of proof PAWNBROKER – a person who lends money at interest on the security of an article pawned PECUNIARY – anything relating to money; quantified in monetary terms PENDENTE LITE – a Latin term referring to an order which in effect means “awaiting the lawsuit or litigation” PLEDGE – a serious promise, commitment or agreement to do or not do something PRESTATION – a payment either in money or service; a performance of a duty whether or not to do something as a fulfillment of an obligation PROMISSORY NOTE – a signed document containing a written promise to pay a stated sum to a specified person or the bearer at a specified date or on demand REMISSION – an act of liberality by virtue of which the obligee, without receiving any price or equivalent, renounces the enforcement of the obligation, as a result of which it is extinguished in its entirety or in that part or aspect of the same to which the remission refers RES JUDICATA – a Latin term for “a matter (already) judged”

SALE – a transfer of property of any kind or of services in exchange for money (or anything of value) or other terms agreed and considered by both parties SECURITY – serves as the assurance of a debt payment or a fulfillment of an obligation STIPULATION POUR AUTRUI – a contract or provision in a contract that confers a benefit on a third-party a cause of action against the promisor for specific performance SUBPOENA DUCES TECUM – a writ ordering a person to attend a court and bring relevant documents SUBROGATION – the substitution of one person or group by another in respect of a debt or insurance claim, accompanied by the transfer of any associated rights and duties TESTAMENTARY SUCCESSION – refers to succession from a legally executed testament...