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8 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Article 1156 |
“An obligation is a juridical necessity to give, to do, or not to do.” Requisites: 1. Passive Subject: Debtor/Obligor 2. Active Subject: Creditor/Obligee 3. Object: Prestation/Subject Matter 4. Juridical/Legal Tie: Efficient Cause |
Obligation: Definition, Requisites |
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Article 1157 |
Sources: 1. Law 2. Contracts 3. Quasi-contract 4. Crimes/Delicts 5. Quasi-delicts/Tort |
Sources of Obligations |
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Article 1158 |
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Laws: Not Presumed |
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Article 1159 |
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Contracts: Binding Stipulations |
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Article 1160 |
Contracts implied in law: lawful voluntary and unilateral acts by virtue, which need not consent but is done so that no injustice nor unjust enrichment is derived at the expense of another. Kinds of Quasi-contracts: 1. Negotiorum gestio: the voluntary management of property or affairs of another without the knowledge or consent of the latter 2. Solutio indebiti: 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 |
Quasi-contracts: Negotiorum, Solutio |
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Article 1161 |
The commission of crimes of material damage establishes a person's criminal and civil liability.
Scope of Civil Liability: 1. Restitution 2. Reparation for the damage caused 3. Indemnification for consequential damages |
Crimes: Criminally, Civilly |
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Article 1162 |
Requisites of quasi-delict: 1. Act or omission 2. Fault or negligence 3. Damage caused 4. Direct relation between act and damage 5. No pre-existing contractual relation between the parties |
Quasi-delicts: Negligent Damages |
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Article 1163 |
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Care: Good Father |
