OBLICON DEFINITIONS

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Terms Definitio ns
Accesory Oblig ation One which is attach ed to a principal oblig ation and, therefo re, cannot sta nd alone
Accessions The fruits of a thing or additions to or imp rovements upon a thing (the pri ncipal)
Accessories Things joined to or inclu ded with the principal thing for the lat ter's embellishme nt, better
use or completi on.
Active Solidar ity Solidar ity on the part of the credit ors, whe re any one of them can demand the fulfil lment
of the enti re obli gation; esse ntial featu re is that of mutual rep resenta tion among the
solidary creditors with powers to exercise the rights of others in the same manner as
their rights
Acts of God Eve nts which are totally inde penden t of the will of every human being, e.g. ea rthqua ke,
flood, rain, shipw reck, lightning, volcan ic eruption
Acts of man e.g. war, fire, robbery, nu rder, insu rrection
Alte rnative Obligation Several prest ations are due but the perf ormance of one is sufficient as det ermined by the
cho ice which, as a ge neral rule, be longs to the debtor
Applic ation of The desig nation of debt to which should be applied the payment made by a debtor whi
payme nts has various de bts of the same kind in favor of one and the same creditor
Bilateral Obligation When both parties are mutually bound to each other; may be recip rocal or no n-reci procal
Cap acity to alien ate The person is not inca pacita ted to en ter into contr acts and to ma ke a disposit ion of the
thing due.
Casual Condition The condition de pends upon cha nce or upon the will of a third person
Causal Fraud Fraud emplo yed in the execution of a co ntrac t, which vitia tes conse nt
Civil fruits Those del ive red by vir tue of a juridical relation
Civil Loss When a thing disap pears in such a way that its existence is unknown
Civil Negli genc e Neglige nce which by itself is the sou rce of an obligation between the parties not so
rel ated befo re any pre-existing contrac t; also tort or quasi -delict
Compensatio Morae De lay of the obligors in recip rocal obligations i.e ., delay of the obligor ca ncels the del ay
of the obligee, v.v.
Compensation 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
Compensato ry Penal When the penalty takes place of damages
Clause
Complete Condo nation Covers the enti re obligati on
Complian ce in good Complian ce or perf ormance in accordance with the stipul ations or terms of the co ntrac t
faith or ag reeme nt.
Compound Obligation The re are two or mo re prestations
Compulsory heirs Entit led to legitime
Conclus ive One which cann ot be contradicted, like the presumption that everyone is conclusively
Presumption presumed to know the law
Condition A futu re and uncertain event, upon the hap pening of which, the effect ivity or
extinguishment of an obligation (or right) subj ect to it de pends
Conditio nal Obligation One whose conseq uenc es are subject in one way or another to the fulfil lme nt of a
co ndition
Condon ation inter It will take effect during the lifetime of the donor
vivos
Condon ation mortis It will become effective upon the death of the donor; must comply with the formalit ies of
causa a will
Condon ation or Gratuitous ab andonment by the creditor of his right aga inst the deb tor; a form of
Remission don ation
Confusion or me rger The meeti ng in one pers on of the qualit ies of a creditor and debtor with respe ct to the
same obligation
Conju ctive Condition The re are several conditions and all must be fulfilled
Conju ctive Obligati on The re are several pres tations and all of them are due
Consignati on The act of depos iting the thing or amount due with the proper cou rt when the creditor
does not desi re or cannot receive it, after comply ing with the formalit ies requi red by law
Contr act A jurid ical convention manifested in legal form, by virt ue of which one or mo re pers ons
bind themse lves in favor of another or others, or recip rocally, to the fulfillment of a
pres tation to give, to do or not to do.
Contr actual Neglige nce in contr acts resulting in their breach
Neglige nce
Contra vention of Violation of the te rms and condit ions stipulated in the obli gation
terms
Conve ntional Whe re the will of the parties ma kes as indivisib le, oblig ations which, by their natu re, are
Indivisibility divisib le
Conve ntional Nova tion Takes pl ace by ag reement of the parties
 OBLICON DEFINITIONS
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Conve ntional or Period ag reed to by the pa rties

Voluntary Peri od
Conve ntional Penal Provided for by the stipulation of the part ies
Clause
Conve ntional Solidar ity is ag reed upon by the pa rties; if noth ing is mentio ned in the contr act, the
Solidar ity oblig ation is only joint
Conve ntional (Novation - Sub rogation) when it takes pla ce by exp ress ag reement of the original part ies
Sub rogation (the debtor and the original creditor) and the thi rd person (the new creditor)
Criminal Neglig ence Neglige nce resulting in the commission of a crime
Dation in payment Conv eyanc e of ownership of a thing as an ac cepte d equiva lent of perfo rma nce
Defini te Period Period fixed or it is known when it will come
Defl ation The red uction in volume and circulation of the availab le money or credit,r esulting in a
decline of the general price level; opposite of inflation
De lay or default Failu re to perfo rm an obligation on time whi ch failu re constitutes a breach of obligation.
De leg acion (Novation - Subst itution) which takes pl ace when the creditor accepts a thi rd person to
take place of the debtor at the instance of the lat ter. The creditor may withold app roval.
All pa rties must ag ree
Del ivery or traditi on Ownership and other real rights over p roperty are acqui red and transmi tted in
con sequence of certain contr acts by tradition or deliv er y.
Disju nctive Condition The re are several conditions and only one must be fulfilled
Disp utable (or One which can be contrad icted or rebutted by presenting proof to the cont rary
reb uttabl e)
presumpti on
Distri butive Oblig ation One or two or mo re of the pres tations is due (alte rnative or facul tative)
Divisib le Condition The condition is susceptib le of partial perfo rmance
Divisib le Obligation One the obj ect of which, in its del ivery or perfo rma nce, is capable of partial ful fillment
Domici le The pl ace of a person's habitual resi denc e; the pl ace whe re he has true fixed
permanent home and to which place he, whene ver he is abse nt, has the int ention of
Exp ress Condon ation returning
Made eit her verbally or in writing
Exp ress Novation So decla red in unequ ivocal terms
Exp romision (Novation - Subst itution) which takes pl ace when a third person of his own initi ative and
without the knowled ge or against the will of the original debtor ass umes the latter's
oblig ation with the consent of the creditor
Extra -ordina ry Those events which are uncommon and whi ch the contr acting parties could not ha ve
fortuitous event reaso nably foreseen
Faculta tive When it can be set up by only one of the part ies
Compensation
Faculta tive Obligat ion Only one prest ation is due but the debtor may substit ute anot her
Fortuitous Event Any eve nt which cannot be foresee n, or which, thou gh fores een, is inevi table
Fraud Del iberat e of inte ntional evasion of the normal fulfillment of an obligation
Free disposal of thing The thing to be del ive red must not be subj ect to any claim or lien or encumbranc e of a
due third person
Gener ic or A thi ng is ge neric or det erminate when it refers only to a class or genus to which it
Inde terminate pe rtains and cannot be pointed out with particu larit y. Identified by its spec ie.
Ideal or Intellec tual One which exists only in the minds of the parties
Division
Implied Condonation Infe rred from conduc t
Implied Novati on When the old and the new oblig ations are essentially incompatib le with each other
Incid ental Fraud Committed in the perfo rma nce of an oblig ation al ready existing because of contr act
Indefinite Peri od Period not fixed or it is not known when it will come
Indivisible Condition The condition is not susceptib le of partial perfo rmance
Indivisible Obligat ion One the obj ect of which, in its del ivery or perfo rma nce, is not capable of partial
fulfil lme nt
Industrial fruits Produ ced by lands of any kind through cultivation or labo r.
Inflation A sharp sud den inc rea se of money or credit or both without a co rresponding inc rease in
business trans actions ; causes a drop in the value of money, resulting in the rise of the
ge neral price level
Joint Obligation One whe re the whole obligation is to be paid or fulfilled propo rtionatel y by the diffe rent
de btors and/or is to be demanded propo rtionat ely by the diffe rent creditors
Joint or Cumulati ve When both the principal obli gation and the pe nal clause can be enfo rced
Penal Clause
Judicial Compensati on When it takes pl ace by order from a court in litigation; me rely a form of legal or volun tary
com pensation when dec lared 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 invo kes it
Judicial Costs St atutory amounts allowed to a party to an acti on for his expenses incu rred in the acti on
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Judicial Peri od Period fixed by the court

Legal Compensation When it takes pl ace by oper ation of law even without the knowled ge of the part ies
Legal Impo ssibili ty Occurs when the obligation ca nnot be perfo rmed because it is rende red impossible by
provision of law, although phys ically it may be possible of perfo rma nce
Legal Indivisibility Whe re a specific provision of law dec lares as indivisible, obligations which, by their
natu re, are divisib le
Legal Loss When a thing goes out of comme rce (e.g. when it is exp ropriate d) or when a
thing he retofo re legal becomes illegal
Legal Nova tion Takes pl ace by operation of law
Legal Penal Clause Provided by the law
Legal Period Period provided for by laws
Legal Solidarit y Whe re solidarity is imposed by the law
Legal Sub rog ation (Novation - Sub rogation) when it takes pla ce without ag reement but by operation of law
Legal Tender That currency which a debtor can legally compel a creditor to accept in payme nt of a
de bt in money when tende red by the debtor in the right amount
Legitime Part of the test ator's property which he ca nnot dispose of because the law has reserved it
for certain heir s, cal led compulsory heirs
Loss A thi ng is lost when it peris hes, or goes out of comme rce, or disap pears in such a way
that its existence is unknown or it cann ot be reco ve red
Mi xed Condit ion The condition de pends partly upon chance and partly upon the will of a third person
Mi xed novation When the object and/or princi pal conditions of the obligation and the debtor or the
creditor, or bo th the parties, are chan ged
Mi xed Solidarity Solidar ity on the part of the debtors and creditors, whe re each one of the debtors is liable
to ren der, and each one of the creditors has a right to demand, enti re complia nce with
the obligation
Mora Accipi endi De lay on the part of the credit or to ac cept the perfo rma nce of the obligation
Mora Solvendi De lay on the part of the debtor to fulfill his obligation
Natural fruits Spo ntaneous products of the soi l, and the young and ot her products of animals .
Natural Indivisibility Whe re the natu re of the obj ect or prestation does not admit of division, e.g. to gi ve a
part icular car, to sing a song, etc.
Neglige nce Voluntary act or omission, there being no malice, which preven ts the no rmal fulfillment of
an obligati on
Negotiorum Gestio The volu ntary management of the prope rty or affairs of anot her witho ut the knowledge
or conse nt of the latter.
No n-recip rocal Those which do not impose simulta neous and co rrelativ e perfo rman ce on both parties
Bilateral Obligation
Novation Exti nction of an oblig ation through the creation of a new one which substit utes it; ne ver
presumed
Obligati on A jurid ical relation creat ed by virtue of certain facts, between two or mo re persons,
whe reby one of them, known as the cred itor, may demand of the other, known as the
de btor or obligor, the obse rvanc e of a de terminate conduct, and, in case of breach, may
obtain satisfaction from the ass ets of the lat ter.
Obligati on with a One which con tains an accessory undertaking to pay a previously stipul ated indemnity in
pe nal clause ca se of breach
Ordina ry fortuitous Those events which are common and which the contracting part ies could reason ably
events foresee
Part ial Compens ation When two obligations are of dif ferent amounts and a bal ance remains
Part ial Condonation Does not cover the enti re obligati on
Part ial or modificato ry When the old obli gation is me rely modified
nov ation
Passi ve Solidarity Solidar ity on the part of the debtors, whe re any one of them can be made liab le for the
fulfil lme nt of the enti re obligation; in the natu re of mutual guara nty
Payme nt Consists of not only in the delivery of money but also the givi ng of a thing (other
than money), the doing of an act, or not doing of an act; also, perfo rman ce.
Payme nt by cession The assignment or aband onment of all the preoperties of the deb tor for the be nefit of his
creditors in order that the latter may sell the same and apply the proce eds the reof to
the satisfa ction of their credits
Penal Clause An accessory undertaking att ached to an obligati on to ass ume greater liability in ca se of
breach, i.e., the obligation is not fulfilled, or is partly or irregularly complied with
Period A futu re and certain event upon the arrival of which the obli gation subj ect to it either
arises or is extinguis hed
Personal Obligation The subj ect matter is an act to be done or not to be done.
Personal or subj ectiv e When the person of the debtor is subst ituted and/or when a third person is sub rogated in
nov ation the rights of the creditor
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Personal Right Right or power of a person (creditor ) to demand from another (debtor), as a definite
passi ve subject, the fulfil lme nt of the lat ter's obli gation to give, to do or not to do.
Enfo rcea ble only against a part icular person.
Phys ical Loss When a thing peris hes as when a house is bu rned and red uced to ashes
Pl edge A contr act by virtue of which the debtor del ivers to the creditor or to a third person a
movable instrument evide ncing inco rporeal rights for the purpose of securing the
fulfil lme nt of a principal oblig ation with the understanding that when the obligati on is
fulfilled the thing delive red shall be ret urned with all its fruits and accessions
Potestati ve Condition The condition de pends upon the will of one of the co ntrac ting parties
Prescrip tion Acquisition of ownership and other rights through the lapse of time in the manner and
under the conditi ons laid down by law
Presumption The interfe renc e of fact not actually known arising from its usual co nnec tion with ano ther
which is known
Principal Oblig ation One which can stand by itself and does not depend for its valid ity and existenc e upon
anot her obligation
Punitive Penal Clause When the penalty is imposed me rely as punishment for breach
Pure Obligation One which is not subj ect to any condition and no specific date is mentioned for its
fulfil lme nt, and is, the refo re, immedia tely demandabl e
Qualit ative Division One based on quali ty, not on number or quantity of the things which are the obj ect of the
oblig ation
Quanti tative Division One based on quant ity rather th an on qual ity
Quasi -Contract A jurid ical relation resu lting from lawful, voluntary and unila teral acts by virt ue of which
the aprties be come bound to each ot her to the end that no one will be unjust ly enric hed
or benefi ted at the expense of anothe r.
Quasi -Delic t An act or omission by a person (tort feasor) which causes dama ge to another giving rise
to an obligati on to pay for the damage done, there being fault or neglige nce but there is
no pre-existing cont ractu al relation between the part ies.
Real Obligation The subj ect matter is a thing whi ch the obligor must del iver to the obli gee.
Real or objective When the object (or cause) or principal conditions of the obligation are changed
nov ation
Real Right The right or inte rest of a person over a specif ic thing (li ke ownersh ip, possession,
mortga ge), without a definite passi ve subject against wh om the right may be personal ly
enfo rced. Direc ted against the whole world.
Real Solidarity Whe re solidarity is imposed by the natu re of the obligation
Recip rocal Bilateral Those which arise from the same cau se and in which each party is a debtor and a
Obligati on creditor of the other, such that the perf ormance of one is desi gned to be the equ ivalen t
and the condition for the perfo rma nce of the othe r.
Residen ce An element of domici le; requi res bodily prese nce as an inhabitat nt in a given pl ace
Resolutory Condition One the fulfil lme nt of which will extinguish an obligati on (or right) al ready existing
(Condition
subseq uent)
Right The power which a person has under the law, to demand from anot her any prestation.
Simple loan or A contr act whe reby one of the parties del ivers to another, money or other consumable
mutuum thing, upon the condition that the same amount of the same kind and qual ity shall be
paid
Simple Obligation The re is only one pres tation
Solida ry Obligation One whe re each one of the debtors is bound to render, and/or ea ch one of the creditors
has a right to demand from any of the debtors, enti re complia nce with the prest ation
Solutio Indeb iti The jurid ical relation which is creat ed when someth ing is received when there is no right
to demand it and it was unduly delive red through mista ke.
Specific or A thi ng is said to be specif ic or determina te particularly design ated or physical ly
Determin ate seg regat ed others of the same class. Identified by its individuali ty.
Sub rogation A kind of novation when a thi rd person is sub roga ted in the rights of the creditor
Subsidia ry or When only the penalty can be enfo rce d
Alte rnative Penal
Clause
Subst itution A kind of novation when the person of the debtor is substitu ted
Susp ensive Condition One the fulfil lme nt of which will give rise to an obligation (or right ); the demandabil ity of
(Condition prece dent the obligation is suspended until the happening of the un certain event which constit utes
or cond ition the condition
an tece dent)
Tender of payment The act on the part of the debtor, of offeri ng to the creditor the thing or amount due.
Total Compensation When both obligations are of the same amount and are entirely extinguis hed
Total or When the old obli gation is complete ly extinguished
ext incti ve
nov ation
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Unilate ral Obligation When only one pa rty is obli ged to comply with a pres tation
Usury Contr acting for or receiving in excess of the amount allowed by law for the loan or use of
money, goods, chattels or credits
Venue The pl ace whe re a court suit or action must be filed or instit uted
Voluntary When it takes pl ace by the ag reement of the parties
Compensation
Wrong An act or omission of one pa rty in violation of the legal right or rights of anothe r; also,
injur y.