Professional Documents
Culture Documents
Reviewer NCR Cup 2
Reviewer NCR Cup 2
Kinds of Obligation:
Real Obligation - obligation to give
Kinds of quasi-contract:
Negotiorum gestio - voluntary
management of property
Kinds of delay:
Mora Solvendi - delay on part of the
debtor
Mora accipiendi - delay on part of the
creditor
Compensatio morae - reciprocal
delay
Ground for liability:
Fraud/deceit/dolo - deliberate or
intentional evasion of the normal
fulfillment of an obligation
Negligence/fault/culpa - any
voluntary act or omission, there
being no bad faith or malice, which
prevents the normal fulfillment of an
obligation
Delay(mora)
Contravention - violation of terms
and condition stipulated in the
obligation
Kinds of Negligence:
Contractual negligence/culpa
contractual - negligence in contract
resulting in their breach
Civil negligence/culpa aquiliana
-quasi delict
Criminal negligence/culpa criminal negligence resulting in the
commision of a crime
Fortuitous event - any event which
cannot be foreseen or which, though
foreseen, is inevitable
Simple loan or mutuum - a contract
whereby one of the parties delivers
to anothrr, money or other other
consumble thing upon the condition
that the same amount of the same
kind and quality shall ba paid
Usury - contracting for or receiving
interest in excess of the amount
allowed by law for the loan or use of
money, goods, chattles or credit
Presumption - inference of a fact
actually known arising from its usual
connection with another which is
know or proved
Pure obligation -one which is not
subject to any condition and no
specific date is mentioned for its
fulfillment and is,therefore,
immediately demandable
Conditional obligation - is one whose
consequences are subject in one
way or another to fulfillment of a
condition.
Condition - future and uncertain
event, upon the happening of which,
the effectivity or extinguishment of an
obligation, subject to it, depends.
executed
Documents of title:
Bill of lading - it is a contract or
receipt for the transport of goods and
their delivery to the person named
therein to order or to bearer
Dock warrant - is an instrument given
by dock owners to an importer of
goods warehoused on the dock
recognizing the importers title to the
said goods
Warehouse receipt - it is a contract or
receipt for goods deposited with a
warehouseman containing the latter's
undertaking to hold and deliver the
said goods to a specified person, to
order or to bearer.
Quedan - is a warehouse receipt
usually for sugar received by a
warehouseman
Negotiable documents of title - are
those by the terms of which, the
bailee undertakes to deliver the
goods to the bearer and those by the
terms of which the bailee undertakes
to deliver the goods to the order of a
specified person
Agency
Interconcionada - waiver that is
made by the vendee with knowledge
of the risk of eviction and assumption
of its consequences
Servitude/Easement - is an
encumbrance imposed upon an
immovable for the benefit of another
immovable belonging to a different
owner
Warranty of merchantability - is a
warranty that goods are reasonably
fit for the general purpose for which
they are sold
Warranty of fitness - is a warranty
that the goods are suitable for the
special purpose of the buyer which
will not be satisfied by mere fitness
for general purpose
Caveat venditor - the vendor is the
principle that the vendor is liable to
the vendee for any hidden defaults or
defects in the thing sold even though
he was not aware thereof
Caveat emptor the principle
that the buyer alone is responsible
for checking the quality and suitability
of goods before a purchase is made.
Redhibitory vice or defect - is a
defect in the article sold against
which defect the seller is bound to
warrant