2- Oblicon Gen prov-stud Flashcards
Latin Word “obligatio” which means tying or binding
Obligation
recognized by law by virtue of which one is bound in favor of another to render something– giving a thing, doing a certain act, or not doing a certain act
Tie or bond
meaning is in its passive aspect. It merely stresses the duty under the law of the debtor or obligor when it speaks of obligations as a juridical necessity
1156
An obligation is a juridical necessity to give, to do, or not to do.
Article 1156
- Obligation is a ________ because in case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce fulfillment or, in default thereof, the economic value that it represents.
- Possibility of payment of damages
- Debtor must comply, like or not, undesirable consequences
juridical necessity
person bound to the fulfillment of the obligation; he who has the duty
Passive subject (called debtor or obligor)
the person who is entitled to demand the fulfillment of the obligation; he who has a right
active subject (called creditor or obligee)
conduct require to be observed
(giving, doing, or not doing). Without prestation,
nothing to perform
Object or prestation (subject matter of the obligation)
binds or connects the parties to the obligation.
The tie in an obligation can easily be determined
by knowing the source of the obligation
juridical or legal tie (efficient cause)
refers to the manner in which an
obligation is manifested or incurred. It may be oral,
or in writing or partly oral and partly in writing.
Form of obligation
___________: the law does not require any form
for obligations arising from contracts for their
validity or biding force. (see Art. 1356)
General rule
which the subject matter is a thing which
the obligor must deliver to the obligee.
Real obligation (obligation to give)
which the subject matter is an act to be done or not to be done.
Personal obligation (obligation to do or not to
do)
two (2) kinds of personal
obligation:
Positive personal and negative
personal obligatio
___________ or obligation to do or
to render service
Positive personal obligation
obligation not to
do (which naturally includes obligation “not to give”)
Negative personal obligation
Obligations
arise from
1. law;
2. Contracts;
3. Quasi-contracts
4. Acts or omissions
punished by law; and
5. Quasi-delicts (1089a)
Art. 1157
Sources of obligation:
- ______- when they are imposed by law itself.
- ______–when they arise from the stipulation
of the parties (Art. 1306) - ________ – when they arise from lawful,
voluntary and unilateral acts which are enforceable
to the end that no one shall be unjustly enriched or
benefited at the expense of another. (Art. 2142) - _______________________ –
when they arise from civil liability which is the
consequence of a criminal offense. (Art. 1161) - ____________ – when they arise from
damage caused to another through an act or
omission, there being fault or negligence, but not
contractual relation exists between the parties (Art.
2176)
Law
Contracts
Quasi-contracts
Crimes or acts or omissions punished by law
Quasi-delicts or torts
Sources classified:
- Those emanating from law; and
- Those emanating from private acts which may be further subdivided into: a. Those arising from licit acts, in the case of contracts and quasi-contracts; and 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.
Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book.
Art. 1158
refers to legal obligations or obligations arising from law. They are not presumed because they are considered a burden upon the obligor. They are exception, not the rule. To be demandable, they must clearly set fort in the law, i.e. the Civil Code or special laws.
Article 1158
Under ____________, special laws refer to all other laws not contained in the Civil Code. Examples of such laws, are Corporation Code, Negotiable Instruments Law, Insurance Code, National Internal Revenue Code, Revised Penal Code, Labor Code, etc.
Article 1158
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Art. 1159
a meeting of minds, between (2) (or more) persons whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305)
contract
Obligations arising from contracts have the force of law between the contracting parties, i.e. they have the same binding effect of obligations imposed by laws.
Binding force
a contract is valid (assuming all the essential elements are present; Art. 1318) if it is not contrary to law, morals, food customs, public order, and public policy. It is invalid or void if it is contrary to law, morals, good custos, public order, or public policy. (Art. 1306)
Requirement of a valid contract
________________ -a contract may be breached or violated by a party in whole or in part.
A___________ takes place when a party fails or refuses to comply, without legal reasons of justification, with his obligation under the contract as promised.
breach of contract
means compliance or performance in accordance with the stipulations or terms of the contract or agreement.
Compliance in good faith
Non-compliance by a party with his legitimate obligations after receiving the benefits of
a contract would constitute _______________ on his part.
unjust enrichment
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII of this Book
Art. 1160
juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties, become bound to each other to the end that no one will be unjustly enriched or benefitted at the expense of another. (Art. 2142).
quasi-contract
Kinds of quasi contract:
Negotiorum gestion
Solution indebiti
Other examples of quasi contracts
the voluntary management of the property or affairs of another without the knowledge or consent of the latter. (Art. 2144)
Negotiorum gestion
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. (Art.
2154).
Requisites:
1. There is no right to receive the thing delivered; and
2. The thing delivered was delivered though mistake.
Solution indebiti
The are provided in Articles 2164 to 2175 of the Civil
Code. The cases that have been classified as quasi-contracts are infinite variety, and when
for some reason recovery cannot be had on a true contract, recovery may be allowed on
the basis of a quasi-contract
Other examples of quasi contracts
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).
Art. 1161
Civil liability arising from crimes or delicts:
Civil liability in addition to criminal liability
Criminal liability without civil liability
Civil liability without criminal liability
“every person criminally liable for an act or omission is also civilly liable for damages suffered by the aggrieved party. (See Art. 100, RPC)
Civil liability in addition to criminal liability
in crimes, however, which cause no material damage there
is no civil liability to be enforced
Criminal liability without civil liability
A person not criminally responsible may still be liable civilly (Art. 29; Sec. 2C Rule 111, Rules of Court
Civil liability without criminal liability
Scope of civil liability:
- Restitution
- Reparation for the damage caused; and
- Indemnification for consequential damages. (Art. 104, Revised Penal Code)
Obligations derived
from quasi-delicts
shall be governed by
the provisions of
Chapter 2, Title XVII
of this Book, and by
special laws (1093a)
Art. 1162
an act or omission by a person (tortfeasor) which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being fault or negligence but there is not pre-existing contractual relation between the parties (Art. 2176)
Quasi delict
Requisites of quasi-delict:
- There must be an act or omission;
- There must be fault or negligence;
- There must be damage caused;
- There must be a direct relation or connection of cause and effect between the act or
omission and the damage; and - There is no pre-existing contractual relation between the parties.
Crime distinguished from quasi-delict
- In crime, there is criminal or malicious intent or criminal negligence, while in quasi- delict, there is only negligence;
- In crime, the purpose is punishment, while in a quasi-delict, indemnification of the offended party;
- Crime affects public interest, while quasi-delict concerns private interest;
- In crime, there are generally two liabilities: criminal and civil, while in quasi delict, there is only civil liability;
- Criminal liability can not be compromised or settled by the parties themselves, while the liability for quasi-delict can be compromised as any other civil liability; and
- In crime, the guilt of the accursed must be proved beyond reasonable doubt, while in quasi-delict, the fault of negligence of the defendant need only be proved by preponderance
