Professional Documents
Culture Documents
Examinations
“The Law on Obligations and
Contractss”/”Business Laws”
Ma’am Bernadette P. Yalong, LL.B
10/15/2016
15 October, 2016
To: All my students in “The Law on Obligations and Contracts” / “Business Laws” ,
first semester, school year, 2016-2017 :
BSE 3A
BSAT 3C
BSAT 3B
BSE3B
BSA3A
BSAT 3A
BALM3A
BALM 3B
Attached herein is a set of reviewer which will serve as a guideline in your midterm
examinations
Students who will rank top three (3) in the said exam will be the official
representatives of your class in the 7th Quiz bee in “The Law on Obligations and
Contracts”, to compete with other sections Total of eight (8) sections for this
semester
Said activity will be held sometime in the 3rd week of November, 2016
3. Creditor or Obligee
-
The person in favor of whom the obligation is contracted. One who has the
right to demand the performance of the obligation. Also known as the
lessor, lender, or mortgagee.
-
4. Debtor or Obligor
2
-
It refers to a person who is engaged to perform some obligation. Also
known as lessee, borrower or obligor.
5. Efficient cause or juridical tie or vinculum juris
- it refers to relation that binds the parties to an obligation. It may be one of
the five sources of obligation.
6. Contracts
- as defined in article 1305 of the Civil Code, contracts is a meeting of minds
between two persons whereby one binds himself, with respect to the other, to
give something or to render some service.
7. Quasi-contracts
- when an act arises from lawful, voluntary and unilateral acts, giving rise to a
juridical relation with an end that no one shall be which unjustly enriched or
benefited at the expense of another.
9. Quasi-delict or torts
- It is a result of the fault or negligence of a person, who, by his act or omission,
connected or unconnected with, but independent from any contractual relation,
causes damage to another person.
- It includes an act which are criminal in character or in violation of the penal
law.
10. Good faith
-means a sincere belief or motive without any malice or the desire to defraud
others
13. fraud
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15. contravention of the tenor of the obligation ?
- it includes any illicit act which impairs the strict and faithful fulfillment of
the obligation. It may also mean any kind of defective performance.
19. Usury
-It means contracting or receiving interest in excess of the amount allowed by
law for the loan or use of money, goods, chattels or credits.
27. Consignation
- is the act of depositing the thing due with the court or judicial authorities
whenever the creditor cannot accept or refuses to accept payment; generally
requires prior tender of payment.
Kinds of negligence:
What are the remedies available to the creditor to enforce payment of his claims
against debtor?
1. The property must be pursued in the possession of the debtor, except those
properties exempted under the law.
2. To file an accion subrogatoria. This may be possible by exercising all the
rights of the creditor and bring all the actions of the debtor except those personal to
him.
3. By means of accion pauliana- it can be done by impugning the acts which
the debtor may have done to defraud his creditors.
Classifications of quasi-contracts :
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1. Solution indebiti
2. Negotiorium gestio