BUSINESS LAW Flashcards
An obligation is a juridical necessity to
give, to do or not to do
Article 1156
a tie of law which binds us, according to the rules of our civil
law, to render something
Justinian institute
a legal relation between one person and another, who is bound to the
fulfillment of a prestation which the former may demand of him
Manresa
the juridical necessity to comply with a prestation
Sanchez Roman
a juridical necessity to give, to do or not to do
Civil code of the Philippines
a juridical relation whereby a person (called creditor) may
demand from another (called the debtor) the observance of a determinate conduct,
and in case of breach, may obtain satisfaction from the assets of the letter.
Justice J.B.L. Reyes
Implies the existence of legal sanctions that may be
imposed upon the debtor in case of breach of the
obligation. The creditor may seek appropriate reliefs from
the courts in case of such breach.
Juridical Necessity
What are the essential elements of Obligations
- Juridical tie (vinculum juris)
- Object or Prestation
- Active Subject (Creditor)
- Passive Subject (Debtor
that which essentially binds the parties to
the object of the obligation, by virtue of which the
debtor is bound to the creditor to fulfill a determinate
prestation.
Juridical Tie
always a prestation,
which is defined as the particular conduct required to be
observed by the debtor and which can be demanded by
the creditor.
Object of the obligation
has the right to demand.
Active Subject
is bound to perform
Passive subject
What are the three obligations in article 1156?
• To give
• To do
• Not to do
What are the basic kinds of obligation
Moral
•Natural (Art. 1423 CC)
•Civil/Juridical (Art. 1156 CC)
What are the sources of obligation?
(1) Law;
(2) Contracts;
(3) Quasi-Contracts
(4) Acts or omissions punished by law (Delict); and
(5) Quasi-delicts.
a legal provision that states that obligations that arise from the law are not automatically assumed to exist. Only obligations that are explicitly stated in the law, either in the Civil Code or in special laws, can be legally enforced. These obligations will be governed by the specific laws that establish them, and if there are any issues that are not covered by these laws, they will be governed by the general provisions of the Civil Code.
Article 1158
a meeting of minds between
two persons whereby one binds himself,
with respect to the other, to give
something or to render some service.
Contracts
means that when you make a contract with someone, the things you agreed to in the contract are like a law that both of you have to follow. You have to be honest and fair in keeping the promises you made in the contract, just like how you have to follow the law.
Article 1159
Certain lawful, voluntary and unilateral acts
give rise to the juridical relation of this to the end that no one shall be
unjustly enriched or benefited at the
expense of another.
Quasi-contracts
Whoever voluntarily takes charge of the agency or management of the
business or property of another, without any power from the latter, is
obliged to continue the same until the termination of the affair and its
incidents, or to require the person concerned to substitute him, if the
owner is in a position to do so. This juridical relation does not arise in
either of these instances:
(1) When the property or business is not neglected or abandoned;
(2)If in fact the manager has been tacitly authorized by the owner
Negotiorum Gestio
If something is received when there is no right
to demand it, and it was unduly delivered
through mistake, the obligation to return it
arises.
Solutio Indebiti
What are the other Quasi-contracts?
•Giving of legal support and payment of funeral expenses
• Acts of a good Samaritan
• Third person pays debt or taxes of another
• Acts in consideration of general welfare
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.
Delict or crime
, also known as an “accidental fault” or “culpa aquiliana,” is a legal concept that refers to an act or omission that causes damage to another person, even in the absence of a contract or pre-existing relationship between the parties. In other words, it is a type of civil wrong that is committed by someone who acted negligently or carelessly, causing harm to another person, but without any pre-existing legal obligation or contract between them. Examples of quasi-delicts include car accidents caused by reckless driving, slips and falls in public places due to lack of maintenance, or any other type of accidental harm caused by someone’s negligence.
Quasi-delict