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46 Cards in this Set
- Front
- Back
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Article 1156 |
An obligation is a juridical necessity to give, to do or not to do |
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Obligation; obligatio |
________ is derived from the Latin word _______ which means tying or binding |
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juridical necessity |
Obligation is a ____________ because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or, in default thereof, the economic value that it represents. |
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civil obligations |
Obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice are known as _____________________. |
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natural obligations |
Which, not being based on positive law but on equity and natural law, fo not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof. |
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* Passive subject (debtor or obligor) * Active subject (creditor or obligee) * Object or prestation (subject matter of the obligation) * Juridical or legal tie (efficient cause) |
4 Essential requisites of obligation |
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Passive subject |
the person who is bound to the fulfillment of the obligation; he who has a duty |
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Active subject |
the person who is entitled to demand the fulfillment of the obligation; he who has a right |
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Object or prestation |
the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing. |
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Juridical or legal tie |
that which binds or connects the parties to the obligation. This can easily be determined by knowing the source of obligation |
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Form of an obligation |
It refers to the manner in which an obligation is manifested or incurred. It may be oral, or in writing or partly oral and partly writing. |
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form |
As a general rule, the law does not require any ________ in obligations arising from contracts for their validity or binding force. |
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other sources; 1157 |
Obligations arising from _______________ (Art. _____) do not have any form at all |
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Obligation |
act or performance which the law will enforce |
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Right |
the power which a person has under the law, to demand from another any prestation |
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wrong |
an act or omission of one party in violation of the legal right or rights of another |
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a. legal right in favor of a person (creditor/obligee/plaintiff) b. a correlative legal obligation in the part of another (debtor/obligor/defendant); to respect or not to violate said right c. an act or omission by the latter in violation of said right with resulting injury or damage to the former. |
Essential elements of a legal wrong or injury |
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1. Real obligation 2. Personal obligation |
Kinds of obligation according to the subject matter |
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Real obligation; give |
* obligation to _________ * which the subject matter is a thing which the obligor must deliver to the obligee. |
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Personal obligation; do or not to do |
* obligation to ____________________ * which the subject matter is an act to be done or not to be done |
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a. Positive personal obligation b. Negative personal obligation |
Two kinds of personal obligation |
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Positive personal obligation |
______________ or obligation to do or to render service (Art. 1167) |
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Negative personal obligation |
_______________ is obligation not to do (which naturally includes obligations "not to give" (Art. 1168) |
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Art. 1157 |
Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts
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1. Law 2. Contracts 3. Quasi-contracts 4. Crimes or acts or omissions punished by law 5. Quasi-delicts or torts |
Sources of obligations |
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Law |
(source of obligation) when they are imposed by law itself. |
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Contracts |
(source of obligation) when they arise from the stipulation of the parties |
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Quasi-contracts |
(source of obligation) when they arise from lawful, voluntary, unilateral acts which are enforceable to the end that no one shall be unjustly enrich or benefited at the expense of another. |
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Crimes or acts or omissions punished by law |
(source of obligation) when they arise from civil liability which is the consequence of a criminal offense |
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Quasi-delicts or torts |
(source of obligation) when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties. |
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Classification of sources of obligation |
1. Emanating from law 2. Emanating from private acts which may be further subdivided into: a. Those arising from licit acts, in the case of contracts and quasi-contracts b. Those arising from illicit acts, which may be either punishable in the case of delicts or crimes, or not punishable in the case of quasi-delicts or torts. |
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Article 1158. |
Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandableand shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provision of thisBook. (1090) |
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burden to the obligor |
Legal laws are not presumed because they are considered a _________________ |
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Article 1159. |
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in goodfaith. (1091a) |
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Contract |
meeting of minds between two persons whereby onebinds himself, with respect to the other, to give something or to rendersome service. It is the formal expression by the parties oftheir rights and obligations they have agreed upon with respect toeach other |
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not contrary to law, morals, good customs, public order, and public policy. |
Requirement of a valid contract |
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Article 1160. |
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII of this Book. (n) |
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1. Negotiorum gestio 2. Solutio indebiti |
Kinds of Quasi-contracts |
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Negotiorum gestio |
– voluntary management of the property or affairs of another without the knowledge or consent of the latter. |
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2. 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. |
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Article 1161. |
Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a) |
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civilly liable |
every person criminally liable for an act or omission is also _____________ |
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Restitution (return) Reparation for the damages caused Indemnification for consequential damages |
The civil liability includes: (Scope of civil liability) |
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Article 1162. |
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this book, and by speciallaws. (1093a) |
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1. There must be an act or omission 2. There must be fault or negligence 3. There must be damage caused 4. There must be a direct relation of cause and effect between the act or omission and the damage; and 5. There is no pre-existing contractual relation between the parties |
Requisites of quasi-delict |
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Crime Criminal/ malicious intent or criminalnegligence Punishment Affects public interest Criminal & civil liability Cannot be compromised Guilt must be proved beyondreasonable doubt Quasi-delict Negligence Indemnification of offended party Private interest Civil liability May be settled by the parties Fault or negligence proved by preponderance of evidence |
Crime Vs. Quasi-delict |
