Term
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Definition
| One which is attached to a principal obligation and, therefore, cannot stand alone |
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Term
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Definition
| The fruits of a thing or additions to or improvements upon a thing (the principal) |
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Term
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Definition
| Things joined to or included with the principal thing for the latter's embellisment, better us or completion. |
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Term
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Definition
| 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 |
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Term
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Definition
| Events which are totally independent of the will of every human being, e.g. earthquake flood, rain, shipwreck, lightning, volcanic eruption. |
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Term
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Definition
| e.g. war, fire, robbery, murder, insurrection |
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Term
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Definition
| 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. |
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Term
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Definition
| The designation of debt to which should be applied the payment made by a debtor which has various debts of the same kind in favor of one and the same creditor. |
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Term
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Definition
| When both parties are mutually bound to each other; may be reciprocal or non-reciprocal. |
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Term
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Definition
| The person is not incapacitated to enter into contracts and to make a disposition of the thing due |
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Term
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Definition
| The condition depends upon chance or upon the will of a third person |
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Term
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Definition
| Fraud employed in the execution of a contract, which vitiates consent. |
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Term
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Definition
| Those delivered by virtue of juridical relation. |
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Term
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Definition
| When a thing disappears in such a way that its existence is unknown. |
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Term
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Definition
| 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. |
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Term
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Definition
| Delay of the obligors in reciprocal obligations e.e, delay of the obligor cancels the delay of the obligee. |
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Term
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Definition
| 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. |
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Term
| Compensatory Penal Clause |
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Definition
| When the penalty takes place of damages |
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Term
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Definition
| Covers the entire obligation |
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Term
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Definition
| Compliance of performance in accordance with the stipulations or terms of the contract or agreement |
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Term
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Definition
| There are two or more prestations |
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Term
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Definition
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Term
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Definition
| One which cannot be contradicted, like the presumption that everyon is conclusively presumbed to know the law. |
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Term
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Definition
| A future and uncertain event, upon the happening of which, the effectivity or extinguishment of an obligation (or right) subject to it depends. |
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Term
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Definition
| One whose consequences are subject in one way or another to the fulfillment of a condition. |
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Term
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Definition
| It will take effect during the lifetime of the donor. |
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Term
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Definition
| It will become effective upon the death of the donor; must comply with the formalities of the will. |
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Term
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Definition
| Gratuitous abandonment by the creditor of his right against the debtor; a form of donation. |
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Term
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Definition
| The meeting in one person of the qualities of a creditor and debtor with respect to the same obligation |
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Term
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Definition
| There are several conditions that must be fulfilled. |
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Term
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Definition
| There are several prestations and all of them are due |
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Term
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Definition
| 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. |
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Term
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Definition
| 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. |
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Term
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Definition
| Negligence in contracts resulting in their breach. |
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Term
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Definition
| Violation of the terms and conditions stipulated in the obligation. |
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Term
| Conventional Indivisibility |
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Definition
| Where the will of the parties makes as indivisible, obligations, which by their nature are divible |
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Term
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Definition
| Takes place by agreement of the parties. |
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Term
| Conventional or Voluntary Period |
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Definition
| Period agreed to by the parties. |
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Term
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Definition
| Solidarity is agreed upon by the parties; if nothing is mentioned in the contract, the obligation is only joint |
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Term
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Definition
| (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) |
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Term
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Definition
| Negligence resulting in the commission of a crime. |
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Term
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Definition
| Conveyance of ownership of a thing as an accepted equivalent of performance. |
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Term
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Definition
| Period fixed or iti is known when it will come. |
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Term
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Definition
| The reduction in volume and circulation of the available money or credit, resulting in a decline of the general price level; opposite of inflation. |
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Term
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Definition
| Failure to perform an obligation on time which failure constitutes a breach of obligation. |
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Term
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Definition
| (Novation - Substituion) which takes place when the creditor accepts a thrid person to take the place of the debtor at the instance of the latter. The creditor may withhold approval. All parties must agree |
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Term
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Definition
| Ownership and other real rights over property are acquired and transmitted in consequence of certain contracts by tradition or delivery. |
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Term
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Definition
| There are several conditions and only one must be fulfilled. |
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