Legislative

the branch of government that makes the laws

Executive

The person who runs the government and sees that the laws are carried out

Judiciary

That department of government which administers the law relating to civil and criminal
justice.

Real Obligation

Obligation to give

Personal Obligation

obligation to do or not to do

Positive personal obligation

Obligation to do or to render service

Negative personal obligation

obligation not to do

Juridical Necessity

the rights and duties arising from obligation are legally demandable and the courts of
justice may be called upon through proper action to order the performance

Passive Subject

the person who is bound to the fulfillment of the obligation

Active Subject

The person who is entitled to demand the fulfillment of the obligation

Prestation

subject matter of the obligation

Juridical tie

Also known as efficient cause; that which binds the parties to the obligation
Negotiorum gestio

Voluntary management of the property or affairs of another without the knowledge or

Solutio indebiti

Juridical relation which is created when something is received when there is no right to
demand it and it was unduly delivered through mistake

Specific/Determinate Thing

defined by individuality

Generic/Indeterminate Thing

object is designated only by its class/genus/species. can be substituted by any of the

Quasi-Contract

a juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which
parties become bound to each other to the end that no one is unjustly enriched or
benefited at the expense of another

Accessions

additions to or improvement upon a thing, either naturally or artificially

Accessories

part of the principal object

Real Right

A right that is attached to a thing rather than a person

Personal Right

right to demand a person for the fulfillment of the obligation

remedies of the creditor

(a). demand specific performance or fulfilment; (b). rescission or cancellation; (c).

Mora solvendi

Delay on the part of the debtor

Delay on the part of the creditor

Compensatio morae

Delay of obligors in reciprocal obligations

Contractual negligence (culpa contractual)

negligence resulting in the breach of contract

Civil negligence (culpa aquiliana)

negligence between parties not binded by a preexisting contract

Criminal Negligence

negligence resulting in the commission of a crime

Pure Obligation

Is an obligation 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 the fulfillment of a
condition

Incidental fraud (dolo incidente)

committed in the performance of an obligation already existing because of contract

Casual fraud (dolo causante)

Fraud employed in the execution of a contract

Suspensive condition

A condition of an obligation providing that the obligation may not be enforced until the
occurrence of a particular uncertain event.

Resolutory Condition

A condition of an obligation providing that upon the occurrence of a particular uncertain

Potestative Condition
the condition depends upon the will of one of the contracting parties.

Casual Condition

the condition depends upon chance or upon the will of a third person.

Mixed Condition

the condition depends partly upon chance and partly upon the will of a third person.

Conjunctive condition

there are several conditions and all must be fulfilled.

Disjunctive condition

there are several conditions and only one or some of them must be fulfilled.

Divisible obligation

the condition is susceptible of partial performance.

Indivisible obligation

the condition is not susceptible of partial performance.

presumption

inference of a fact not actually known arising from its usual connection with another
which is known or proved

Conclusive presumption

One which cannot be contradicted.

Disputable presumption

One which can be contradicted or rebutted.

Alternative obligation

several prestations but one is effective in performance

Facultative Obligation

one where only one prestation is due but the debtor may substitute another

Joint Obligation
one where the whole obligation is to be paid or fulfilled proportionately by the different
debtors and/or is to be demanded proportionately by the different creditors

Solidary Obligation

one where each one of the debtors is bound to render, and/or each one of the creditors
has a right to demand from any of the debtors, entire compliance with the prestation

General Rule of Article 1198

the creditor has no right to demand before the lapse of the period

General Rule of Article 1169

creditor can demand for the fulfillment of the obligation

Passive solidarity

solidarity on the part of the debtor

Active solidarity

solidarity on the part of the creditors

General Rule of Article 1218

when a solidary debtor pays the whole; he is entitled to reimbursement from his co-
debtors

Exceptions to Article 1218

(a) obligation already prescribed; (b) becomes illegal

Exceptions to Article 1198

(a) insolvent, unless he gives guaranty or security for the debtor; (b) not deliver the
guaranties or securities that was promised; (c) impaired said guaranties or securities;
(d) violates any undertaking; (e) abscond

Exceptions to Article 1169

(a) the obligation or law expressly so declares; (b) time was a controlling motive; (c)
demand is useless as the obligation is beyond his power to perform