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oblicon
| Question | Answer |
|---|---|
| written instrument by which the fundamental powers of the government are established,limited,defined and by which this powers are distributed among the several dep for their safe and useful exercise | constitution |
| it consist in the declaration of legal rules by a component authority | legislation |
| they are those issued by administrative officials under legislative authority | administrative or EO |
| the decisions of the courts particularly the supreme court applying or interpreting the laws of the constitution form part of the legal system of the philippines | judicial decisions or jurisprudence |
| it consist of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct | custom |
| may be added principle of justice and equitydecision of foreign tribunal opinions of textwriters and religion | other sources |
| special anti graft courts,the sandiganbayan,court atx of appeals | special courts |
| supreme court,regional courts,court of appeals | regular courts |
| that portion of the body of law creating and defining rights and duties which may be either public or private in character | substantive law |
| that portion of the body of law prescribing the manner or procedure by which rights may be enforced or their violations redressed | adjectives law,remedial law |
| the body of legal rules which regulates the rights and duties arising from the relationship of the state to the people | public law |
| body of rules which regulates the relations of individuals with one another for purely private ends | private laws |
| is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts | law of obligations and contracts |
| is that branch of private law which provides for the means by which private rights may be enforced | civil procedure |
| the person who is bound to the fulfillment of the obligation he who has a duty | passive subject |
| the person who is entitled to demand the fulfillment of the obligation he who has a right | active subject |
| the conduct required to be observed by the debtor | object or prestation |
| that which binds or connects the parties to the obligation | juridical tie/legal tie |
| the act or performance which the law will enforce | obligation |
| is the power which a person has under the law to demand from another any prestation | right |
| according to its leagl meaning is an act or omission of one party in violation of legal rights or rights of another | wrong |
| is that in which the subject matter is a thing which the obligor must deliver to obligee | real obligation |
| is that in which the subject matter is an act to be done or not to be done | personal obligation |
| obligation to do or to render service | positive personal obligation |
| obligation not to do or not to give | negative personal obligations |
| source of obligation imposed by law itself | law |
| obligation to pay taxes ;obligation to support ones family | law |
| when they arise from the stipulation of the parties;obligation to repay loan or idebtedness by agreement | contracts |
| whent they arise from lawful voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited by expence of another | quasi contracts |
| the obligation to repay money paid by mistake or which is not due | quasi contracts |
| when they arise from civil liability which is the consequence of a criminal offence | delicts |
| the obligation of thief to return the car stolen by him the duty of killer to indemnification the heir of his victim | delicts |
| when they arise from damage to another through an act or omission | quasi delicts / torts |
| is the meeting of minds between two persons whereby one binds himself with respect to the other to give somethings or to render some service | contracts |
| means compliance or performnace in accordance with the stipulation or terms of the contarct or agreement | compliance in good faith |
| is the voluntary management of the property or affairs of another another without the knowledge or consent of the latter | negotiorum gestio |
| is the juridicial relation which os created when something is received when there is no right | solution indebiti |
| particularly designated or physically segregated other of same class | specific or determinate thing |
| pertains to particular class or genus cannot be pointed out with particularity | generic thing or indeterminate thing |
| spontatneous product of the soil and the young and other product of animals | natural fruits |
| are those produced by lands of any kind through cultivation or labor | industrial fruits |
| are those derived by virtue of a juridical relation | civil fruits |
| is the right or power of a person to demand from another as a definite passive subject the fulfillment of to give to do or not to do | personal right |
| is the right or interest of a person over a specific thing whitout a passive subject | real right |
| the creditor may exercise the following remedies or rights in case the debtor fails comply with his obligation | specific real obligation |
| are the fruits of a thing or addition to imrovements upon a thing | accessions |
| are things joined to or included with the principal thing for the latters embellishment better use or completion | accessories |
| is merely the fail to perform an obligation on time | ordinarily delay |
| is the failure to perform an obligation on time which failure constitutes a breach of the obligation | legal delay or default or mora |
| the delay on the part of the debtor | mora solvendi |
| the delay on the part of the creditor | mora accipendi |
| the delay of the obligations in reciprocal obligations | compensatio morae |
| deliberate or intentional evasion of the normal fulfillment of an obligation | fraud or dolo |
| commited fraud in the performance of the obligation already existing | dolo incidente/incidental fraud |
| fraud employed in the execution of a contract | causal fraud / dolo causante |
| i any voluntary act or omission there being no bad faith or malice which prevents the normal fulfillment of an obligation | negligence /fault/culpa |
| this is the violation of the terms and condition stipulated in the obligation must not be due of a fortuitios event | |
| negligence in contracts resulting in their breach; not a source of obligation | culpa contractual/contractual negligence |
| negligence by itself is a result of an obligation between the parties not so related between any preexisting contract | culpa aquillana/civil negligence |
| negligence resulting in the commission of a crime | culpa criminal/criminal negligence |
| is any event which cannot be foreseen or which though foreseen is inevitable | fortuitios event |
| strictly speaking is an event independent of the will of the obligor but not of other human wills;war,fire,murder,insurrection etc | acts of man |
| they refer to what is called majuere or those events which are totally independent will of every human beings | acts of God |
| those events which are common and which the contracting parties could reasonably foresee ex. rain | ordinary fortuitous event |
| those events which are uncommon and which the contracting parties could not have resonably foreseen | extra ordinary fortuitous events |
| is a contract whereby one of the parties delivers to another money or other consumable thing upon the conditionthat the same amount of the same kind and quality shall be paid | simple loan or mutuum |
| is contarvting for or receiving interest in excess of the amount allowed by law for the loan or use of money goods chattels or credits | usury |
| ios meant the influence of a fact not actually known arising from its usual connection with another which is known or proved | presumption |
| presumption which cannot be contradicted | conclusive presumption |
| presumption which can be contradicted or rebutted by presenting proof to the contary | disputable presumption(rebuttable) |
| is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is therefore immediately demandable | pure obligation |
| is one whose consequences are subject in mone way or another to the fulfillment of a condition | conditional obligation |
| suspensive condition | one which the fulfillment will give rise to an obligation(or right) |
| the fulfillment of which will extinguish an obligation | resolutory condition |
| the condition is capable of fulfillment legally and physically | posiible condition |
| the condition is not capable of being fulfilled legally or physically | impossible condition |
| the condition depends upon the will of one of the contradicting party.either debtor or creditor | potestative condition |
| the condition depends upon chance or upon will of a third person | casual condition |
| the condition depends partly upon chance and partly upon will of a third person | mixed condition |
| the condition consist of the performance of an act | positive condition |
| the condition consist in nthe omission of an act | negative condition |
Created by:
maveric