OBLICON DEFINITIONS Page 1 of 5 Terms Accesory Obligation Accessions Accessories Active Solidarity
Acts of God Acts of man Alternative Obligation Application of payments Bilateral Obligation Capacity to alienate Casual Condition Causal Fraud Civil fruits Civil Loss Civil Negligence Compensatio Morae Compensation Compensatory Penal Clause Complete Condonation Compliance in good faith Compound Obligation Compulsory heirs Conclusive Presumption Condition Conditional Obligation Condonation inter vivos Condonation mortis causa Condonation or Remission Confusion or merger Conjuctive Condition Conjuctive Obligation Consignation Contract
Contractual Negligence Contravention of terms Conventional Indivisibility Conventional Novation
Definitions One which is attached to a principal obligation and, therefore, cannot stand alone The fruits of a thing or additions to or improvements upon a thing (the principal) Things joined to or included with the principal thing for the latter's embellishment, better use or completion. Solidarity on the part of the creditors, where any one of them can demand the fulfillment of the entire obligation; essential feature is that of mutual representation among the solidary creditors with powers to exercise the rights of others in the same manner as their rights Events which are totally independent of the will of every human being, e.g. earthquake, flood, rain, shipwreck, lightning, volcanic eruption e.g. war, fire, robbery, nurder, insurrection Several prestations are due but the performance of one is sufficient as determined by the choice which, as a general rule, belongs to the debtor The designation of debt to which should be applied the payment made by a debtor whi has various debts of the same kind in favor of one and the same creditor When both parties are mutually bound to each other; may be reciprocal or non-reciprocal The person is not incapacitated to enter into contracts and to make a disposition of the thing due. The condition depends upon chance or upon the will of a third person Fraud employed in the execution of a contract, which vitiates consent Those delivered by virtue of a juridical relation When a thing disappears in such a way that its existence is unknown Negligence which by itself is the source of an obligation between the parties not so related before any pre-existing contract; also tort or quasi-delict Delay of the obligors in reciprocal obligations i.e., delay of the obligor cancels the delay of the obligee, v.v. The extinguishment to the concurrent amount of the debts of two persons who, in their own right, are the debtors and creditors of each other When the penalty takes place of damages Covers the entire obligation Compliance or performance in accordance with the stipulations or terms of the contract or agreement. There are two or more prestations Entitled to legitime One which cannot be contradicted, like the presumption that everyone is conclusively presumed to know the law A future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or right) subject to it depends One whose consequences are subject in one way or another to the fulfillment of a condition It will take effect during the lifetime of the donor It will become effective upon the death of the donor; must comply with the formalities of a will Gratuitous abandonment by the creditor of his right against the debtor; a form of donation The meeting in one person of the qualities of a creditor and debtor with respect to the same obligation There are several conditions and all must be fulfilled There are several prestations and all of them are due The act of depositing the thing or amount due with the proper court when the creditor does not desire or cannot receive it, after complying with the formalities required by law A juridical convention manifested in legal form, by virtue of which one or more persons bind themselves in favor of another or others, or reciprocally, to the fulfillment of a prestation to give, to do or not to do. Negligence in contracts resulting in their breach Violation of the terms and conditions stipulated in the obligation Where the will of the parties makes as indivisible, obligations which, by their nature, are divisible Takes place by agreement of the parties
OBLICON DEFINITIONS Page 2 of 5 Conventional or Voluntary Period Conventional Penal Clause Conventional Solidarity Conventional Subrogation Criminal Negligence Dation in payment Definite Period Deflation Delay or default Delegacion Delivery or tradition Disjunctive Condition Disputable (or rebuttable) presumption Distributive Obligation Divisible Condition Divisible Obligation Domicile Express Condonation Express Novation Expromision
Extra-ordinary fortuitous event Facultative Compensation Facultative Obligation Fortuitous Event Fraud Free disposal of thing due Generic or Indeterminate Ideal or Intellectual Division Implied Condonation Implied Novation Incidental Fraud Indefinite Period Indivisible Condition Indivisible Obligation Industrial fruits Inflation Joint Obligation Joint or Cumulative Penal Clause Judicial Compensation
Judicial Costs
Period agreed to by the parties Provided for by the stipulation of the parties Solidarity is agreed upon by the parties; if nothing is mentioned in the contract, the obligation is only joint (Novation - Subrogation) when it takes place by express agreement of the original parties (the debtor and the original creditor) and the third person (the new creditor) Negligence resulting in the commission of a crime Conveyance of ownership of a thing as an accepted equivalent of performance Period fixed or it is known when it will come The reduction in volume and circulation of the available money or credit,r esulting in a decline of the general price level; opposite of inflation Failure to perform an obligation on time which failure constitutes a breach of obligation. (Novation - Substitution) which takes place when the creditor accepts a third person to take place of the debtor at the instance of the latter. The creditor may withold approval. All parties must agree Ownership and other real rights over property are acquired and transmitted in consequence of certain contracts by tradition or delivery. There are several conditions and only one must be fulfilled One which can be contradicted or rebutted by presenting proof to the contrary One or two or more of the prestations is due (alternative or facultative) The condition is susceptible of partial performance One the object of which, in its delivery or performance, is capable of partial fulfillment The place of a person's habitual residence; the place where he has true fixed permanent home and to which place he, whenever he is absent, has the intention of returning Made either verbally or in writing So declared in unequivocal terms (Novation - Substitution) which takes place when a third person of his own initiative and without the knowledge or against the will of the original debtor assumes the latter's obligation with the consent of the creditor Those events which are uncommon and which the contracting parties could not have reasonably foreseen When it can be set up by only one of the parties Only one prestation is due but the debtor may substitute another Any event which cannot be foreseen, or which, though foreseen, is inevitable Deliberate of intentional evasion of the normal fulfillment of an obligation The thing to be delivered must not be subject to any claim or lien or encumbrance of a third person A thing is generic or determinate when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity. Identified by its specie. One which exists only in the minds of the parties Inferred from conduct When the old and the new obligations are essentially incompatible with each other Committed in the performance of an obligation already existing because of contract Period not fixed or it is not known when it will come The condition is not susceptible of partial performance One the object of which, in its delivery or performance, is not capable of partial fulfillment Produced by lands of any kind through cultivation or labor. A sharp sudden increase of money or credit or both without a corresponding increase in business transactions; causes a drop in the value of money, resulting in the rise of the general price level 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 When both the principal obligation and the penal clause can be enforced When it takes place by order from a court in litigation; merely a form of legal or voluntary compensation when declared by the courts by virtue of an action by one of the parties, who refuses to admit it, and by the defense of the other who invokes it Statutory amounts allowed to a party to an action for his expenses incurred in the action
OBLICON DEFINITIONS Page 3 of 5 Judicial Period Legal Compensation Legal Impossibility Legal Indivisibility Legal Loss Legal Legal Legal Legal Legal Legal
Novation Penal Clause Period Solidarity Subrogation Tender
Legitime Loss Mixed Condition Mixed novation Mixed Solidarity Mora Accipiendi Mora Solvendi Natural fruits Natural Indivisibility Negligence Negotiorum Gestio Non-reciprocal Bilateral Obligation Novation Obligation
Obligation with a penal clause Ordinary fortuitous events Partial Compensation Partial Condonation Partial or modificatory novation Passive Solidarity Payment Payment by cession
Penal Clause Period Personal Obligation Personal or subjective novation
Period fixed by the court When it takes place by operation of law even without the knowledge of the parties Occurs when the obligation cannot be performed because it is rendered impossible by provision of law, although physically it may be possible of performance Where a specific provision of law declares as indivisible, obligations which, by their nature, are divisible When a thing goes out of commerce (e.g. when it is expropriated) or when a thing heretofore legal becomes illegal Takes place by operation of law Provided by the law Period provided for by laws Where solidarity is imposed by the law (Novation - Subrogation) when it takes place without agreement but by operation of law That currency which a debtor can legally compel a creditor to accept in payment of a debt in money when tendered by the debtor in the right amount Part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs, called compulsory heirs A thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered The condition depends partly upon chance and partly upon the will of a third person When the object and/or principal conditions of the obligation and the debtor or the creditor, or both the parties, are changed Solidarity on the part of the debtors and creditors, where each one of the debtors is liable to render, and each one of the creditors has a right to demand, entire compliance with the obligation Delay on the part of the creditor to accept the performance of the obligation Delay on the part of the debtor to fulfill his obligation Spontaneous products of the soil, and the young and other products of animals. Where the nature of the object or prestation does not admit of division, e.g. to give a particular car, to sing a song, etc. Voluntary act or omission, there being no malice, which prevents the normal fulfillment of an obligation The voluntary management of the property or affairs of another without the knowledge or consent of the latter. Those which do not impose simultaneous and correlative performance on both parties Extinction of an obligation through the creation of a new one which substitutes it; never presumed A juridical relation created by virtue of certain facts, between two or more persons, whereby one of them, known as the creditor, may demand of the other, known as the debtor or obligor, the observance of a determinate conduct, and, in case of breach, may obtain satisfaction from the assets of the latter. One which contains an accessory undertaking to pay a previously stipulated indemnity in case of breach Those events which are common and which the contracting parties could reasonably foresee When two obligations are of different amounts and a balance remains Does not cover the entire obligation When the old obligation is merely modified Solidarity on the part of the debtors, where any one of them can be made liable for the fulfillment of the entire obligation; in the nature of mutual guaranty Consists of not only in the delivery of money but also the giving of a thing (other than money), the doing of an act, or not doing of an act; also, performance. The assignment or abandonment of all the preoperties of the debtor for the benefit of his creditors in order that the latter may sell the same and apply the proceeds thereof to the satisfaction of their credits An accessory undertaking attached to an obligation to assume greater liability in case of breach, i.e., the obligation is not fulfilled, or is partly or irregularly complied with A future and certain event upon the arrival of which the obligation subject to it either arises or is extinguished The subject matter is an act to be done or not to be done. When the person of the debtor is substituted and/or when a third person is subrogated in the rights of the creditor
OBLICON DEFINITIONS Page 4 of 5 Personal Right
Physical Loss Pledge
Potestative Condition Prescription Presumption Principal Obligation Punitive Penal Clause Pure Obligation Qualitative Division Quantitative Division Quasi-Contract
Quasi-Delict
Real Obligation Real or objective novation Real Right
Real Solidarity Reciprocal Bilateral Obligation Residence Resolutory Condition (Condition subsequent) Right Simple loan or mutuum Simple Obligation Solidary Obligation Solutio Indebiti Specific or Determinate Subrogation Subsidiary or Alternative Penal Clause Substitution Suspensive Condition (Condition precedent or condition antecedent) Tender of payment Total Compensation Total or extinctive novation
Right or power of a person (creditor) to demand from another (debtor), as a definite passive subject, the fulfillment of the latter's obligation to give, to do or not to do. Enforceable only against a particular person. When a thing perishes as when a house is burned and reduced to ashes A contract by virtue of which the debtor delivers to the creditor or to a third person a movable instrument evidencing incorporeal rights for the purpose of securing the fulfillment of a principal obligation with the understanding that when the obligation is fulfilled the thing delivered shall be returned with all its fruits and accessions The condition depends upon the will of one of the contracting parties Acquisition of ownership and other rights through the lapse of time in the manner and under the conditions laid down by law The interference of fact not actually known arising from its usual connection with another which is known One which can stand by itself and does not depend for its validity and existence upon another obligation When the penalty is imposed merely as punishment for breach One which is not subject to any condition and no specific date is mentioned for its fulfillment, and is, therefore, immediately demandable One based on quality, not on number or quantity of the things which are the object of the obligation One based on quantity rather than on quality A juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the aprties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another. An act or omission by a person (tort feasor) which causes damage to another giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between the parties. The subject matter is a thing which the obligor must deliver to the obligee. When the object (or cause) or principal conditions of the obligation are changed The right or interest of a person over a specific thing (like ownership, possession, mortgage), without a definite passive subject against whom the right may be personally enforced. Directed against the whole world. Where solidarity is imposed by the nature of the obligation Those which arise from the same cause and in which each party is a debtor and a creditor of the other, such that the performance of one is designed to be the equivalent and the condition for the performance of the other. An element of domicile; requires bodily presence as an inhabitatnt in a given place One the fulfillment of which will extinguish an obligation (or right) already existing The power which a person has under the law, to demand from another any prestation. A contract whereby one of the parties delivers to another, money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid There is only one prestation 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 The juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. A thing is said to be specific or determinate particularly designated or physically segregated others of the same class. Identified by its individuality. A kind of novation when a third person is subrogated in the rights of the creditor When only the penalty can be enforced A kind of novation when the person of the debtor is substituted One the fulfillment of which will give rise to an obligation (or right); the demandability of the obligation is suspended until the happening of the uncertain event which constitutes the condition The act on the part of the debtor, of offering to the creditor the thing or amount due. When both obligations are of the same amount and are entirely extinguished When the old obligation is completely extinguished
OBLICON DEFINITIONS Page 5 of 5 Unilateral Obligation Usury Venue Voluntary Compensation Wrong
When only one party is obliged to comply with a prestation Contracting for or receiving in excess of the amount allowed by law for the loan or use of money, goods, chattels or credits The place where a court suit or action must be filed or instituted When it takes place by the agreement of the parties An act or omission of one party in violation of the legal right or rights of another; also, injury.
