1. 1. Accession The fruits of a thing or additions to our
improvements upon the principal
2. Accessories The things joined to or included with the
principal thing for its embellishment, better
use or completion. (Ex: machineries in
factories)
3. Alternative comprehends several objects or prestations
which are due, but it may be complied with
by the delivery or performance of only one
of them
4. Casuante
(Casual)
Fraud in the constitution of an obligation
5. Civil One which has a binding force in law; gives
to the obligee (creditor) the right to enforce
against the obligor (debtor) in a court of
justice
6. Civil fruits Derived by virtue of a juridical relation (Ex:
rents of buildings)
7. CIVIL
OBLIGATIONS
arising from offenses shall be governed by
the penal laws. As a rule, every person
liable for felony is also civilly liable.
8. Collective
Obligation
more than one obligor and obligee
9. Compensation
Morae
the delay of parties in reciprocal obligations
10. Compound
Obligation
there is more than one prestation
11. Conditional
Obligations
effectivity is subordinated to the fulfillment
or non fulfillment of a future and uncertain
fact or event
12. Conditional
Obligations
presence of a condition- a future and
uncertain fact or event upon which an
obligation is subordinated
13. Conjunctive a compound obligation which all prestations
are due
14. Consensual
Contracts
Perfected by mere consent, parties are
bound to the fulfillment of what has been
expressly stipulated and to the
consequences
15. CONTRACT Meeting of minds between two persons
whereby one binds himself with respect to
the other to give something or to render
some service
16. Contravention
of Tenor
every debtor who fails in the performance of
his obligations is bound to indemnify the
creditor for the damages caused thereby.
17. Conventional or
voluntary *As to
source
when it is
agreed by both parties
18. Culpa Aquiliana fault or negligence of a person, who,
because of the omission of the
diligence which is required by the
nature of the obligation and which
must correspond with the
circumstances of the persons, of the
time and of the place, cause damage
to another
19. Culpa Contractual the fault or negligence of the obligor
by virtue of which he is unable to
perform his obligation arising from a
pre-existing contract
20. Culpa-criminal criminal negligence of that which
results in the commission of crime or
a delict
21. Default or Mora signifies the idea of delay in the
fulfillment of an
obligation with respect to time.
22. Definite when fixed or it is known when it'll
come
23. Determinate/Specific Object particularly designated or
physically segregated from all
others of the same class
24. Distributive a compound obligation which one of
two or more prestations are due.
25. Ex die (suspensive
period) *As to the
effect
obligation begins only from a day
certain upon the arrival of the period
26. Facultative comprehends only one object or
prestation which is due, but it may be
complied with by the delivery of
another object or the performance
of another prestation in substitution
27. Force Majeure event which arises from legitimate or
illegitimate acts of persons other
than the obligor.
28. Fortuitous event
proper
"act of God", absolutely
independent of human intervention
(ie. Brought about by nature)
29. Fraud or Dolo conscious and intentional evasion of
the normal fulfillment of an
obligation
30. Generic Thing Object is designated merely by its
class or genus without any physical
segregation or particular designation
from all others of the same class.
OBLIGATIONS AND CONTRACTS 65
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2. 31. Incidente
(Incidental)
Fraud in the performance of an obligation
32. Indefinite when period is not fixed but
intended
33. In diem
(resolutory
period) *As
to the effect
obligation valid up to a certain day and
terminates upon the arrival of period
34. Individual
Obligation
there is one obligor and one obligee
35. Industrial
fruits
Any products of lands of any kind through
cultivation or labor
36. Involuntary
Breach of
Obligations
if unable to comply with his obligation
because
of an event which cannot be foreseen or
which though foreseen was
inevitable
37. Joint
Obligation
several creditors or several debtors; each of
the creditors has a right to demand and each
of the debtor is bound to render, compliance
with his proportionate part of the prestation;
"to each his own"
38. Judicial *As
to source
when fixed by court
39. Legal Delay
or Default
failure to perform an obligation on time which
failure constitutes a breach of contract
40. Legal period
*As to source
when it is provided by law
41. Mora
Accipiendi
delay of obligee or creditor to accept the
delivery
42. Mora
Solvendi
the delay of the obligor to perform his
obligation
43. Natural One which cannot be enforced by action;
based on equity and natural law
44. Natural fruits Products of the soil, the young and other
products of the animals
45. Negligence
or Culpa
absence of due care required by the nature of
the obligation; unintentional
46. Negotiorum
Gestio
Juridical relation which arises whenever a
person voluntarily takes charge of the agency
or management of the business or property
of another without any power or authority
from the latter
47. OBLIGATION A juridical necessity to give to do or not to
do
48. Obligations
with a Penal
cause
contains an accessory undertaking
to pay a previously stipulated indemnity in
case of breach
49. Obligations
with a
Period
those whose demandability or extinguishment
is subject to the expiration of a term or period
referring to an interval of time which is future
and certain.
50. Ordinary
Delay
failure to perform an obligation on time
51. Personal
Obligation
Obligation consists in doing or not doing
something
52. Pure
Obligations
effectivity or extinguishment do not depend
upon the fulfillment or non-fulfillment of a
condition or upon the expiration of a term or
period and which is characterized by the
quality of immediate demandabality
53. QUASI-
CONTRACTS
Juridical relations arising from lawful,
voluntary and unilateral acts, by virtue of
which the parties become bound to each
other, based on the principle that no one shall
be unjustly enriched or
benefited of at the expense of another
54. QUASI-
DELICTS
all of those obligations which do not arise
from law, contracts, quasi-contracts or
criminal offenses
55. QUASI-
DELICTS
it is the fault or negligence of a
person, who, by his act, connected or
unconnected with but independent from any
contractual relation causes damage to
another
person; there is only civil liability
56. QUASI-
DELICTS
also known as tort
57. Real
Contracts
Not perfected until the delivery of the object
of the obligation
58. Real
Obligation
Obligation consists in giving something
59. Reciprocal
Obligations
Parties are mutually or reciprocally obliged to
do or to give something
60. Resolutory
Condition
obligation is extinguished upon
the fulfillment of the condition
61. Simple
Obligation
there is only a single prestation
62. Solidary
Obligation
the debtor is bound to render, entire
compliance with the prestation; "one for all,
all for one"
63. Solutio
Indebiti
Arises whenever a person unduly delivers a
thing through mistake to another who has no
right to demand it
64. Suspensive
Condition
obligation demandable upon
the fulfillment of the condition
