Passive subject (called debtor or obligor)

Active subject (called creditor or obligee)

Prestation - payment

Efficient cause - The reason

Natural Obligation – equity and justice, duty not to recover what has voluntarily been paid

Civil Obligation – to give, to do and not to do; right of action to compel

Vinculum – efficient cause

Delicts - intention

Quasi-Delicts – negligence

Quasi-Contracts - principle of unjust enrichment

2 kinds of quasi contracts

1. Negotiorum gestio – voluntary takes charge of another’s abandoned business or property without the
owner’s authority
2. Solutio Indebiti - unduly delivered thru mistake

Culpa aquiliana (Quasi-delicts) – fault or negligence

Culpa contractual - a breach of contract

Ordinary diligence - Diligence of a good father of a family

Traditio simbolica – deliver when the keys of a warehouse are given

Traditio longa-manu – deliver by mere consent or pointing out of an object.

Traditio brevi-manu - possessor of a thing not as an owner, becomes the possessor as owner

Constitutum possessorium - possessor of a thing as an owner retains possession no longer as an owner

Mora solvendi ex-re - Debtor’s default in real obligation

Mora solvendi ex-persona - Debtor’s default in personal obligation

Mora accipiendi - Default on the part of the creditor

Compensatio morae - Default on the part of both parties

Exemplary - Damages awarded to set an example.

Nominal - Damages awarded to vindicate a right

Liquidated - Damages determined beforehand

Temperate - When the exact amount of damages cannot be ascertained

Accion pauliana - 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

Ex die also called Suspensive

In diem also called resolutory

Facultative obligation – substitute

Joint - entire obligation is to be paid or performed proportionately by the debtors

Solidary - each one of the debtors are obliged to pay the entire obligation

Conjoint - two or more prestations have been agreed upon, and all of them must be performed

Solidary(D) – solidary(C) = full payment A or B

Solidary(D) – joint(C) = half payment A or B

Joint(D) – Solidary(C) = half payment A and B

Joint(D) – joint(C) = ¼ A and ¼ B

Injunction - ordered to refrain from doing something

Dation in payment - property is alienated to the creditor in satisfaction of a debt in money

Cession - debtor transfers all his properties not subject to execution

Tender of payment - offering the creditor what is due him together with a demand

Consignation - depositing the thing due with the court or judicial authorities

Confusion - meeting in one person of the qualities of creditor and debtor

Compensation - two persons on their own right are creditors and debtors of each other

Expromission - Substitution of debtor where the initiative comes from a third person

Delegacion - Substitution of debtor where the initiative comes from the debtor.

Subrogation - The transfer to a third person of all the rights appertaining to the creditor