Chapter 1 Flashcards
ARTICLE 1156.
An Obligation is a juridical necessity to give, to do or not to do. (n)
Obligation is derived from latin word?
obligatio; meaning tying or binding
In case of noncompliance, courts of justice may be called upon by the aggrieved party to enforce its fulfillment.
Juridical necessity
gives the creditor or obligee the right under the law to enforce their performance in courts of justice.
civil obligations
not based on positive law but on equity and natural law.
natural obligations
person bound to the fulfillment of the obligation/he who has duty
passive subject
person who is entitled to demand the fulfillment of the obligation; he who has right
active subject
conduct required to be observed by the debtor. Giving, doing, or not doing.
object or prestation
which binds or connects the parties of the obligation
juridical or legal tie
act or performance which the law will enforce
obligation
Power which a person has under the law to demand from another any prestation
right
act or omission of one party in violation of the legal right.
wrong
also used to refer to the wrongful violation of the legal right of another
injury
Is that in which the subject matter is a thing which the obligor must deliver to the obligee.
real obligation ( obligation to give)
Is that in which the subject matter is an act to be done or not to be done
personal obligation (obligation to do or not to do)
2 kinds of personal obligation
- positive obligation (do)
2. negative obligation (not do)
ARTICLE 1157.
Obligations arise from:
- Law
- Contracts
- Quasi-contracts
- Acts or omissions punished by law
- Quasi-delicts
imposed by law itself
law
when they arise from the stipulation of the parties
contracts
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
Quasi-contracts
arise from civil liability which is the consequence of a criminal offense. (Art. 1161)
Acts or omissions punished by law
arise from damage caused to another through and act or omission.
Quasi-delicts
Sources of obligations
- Law
- Private acts
a. Licit Acts
b. Illicit Acts
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 the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (1090)
ARTCILE 1158.
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
ARTICLE 1159.
meeting of minds
contract
Means compliance or performance in accordance with the stipulations or terms of the contract or agreement. Sincerity and honesty
compliance in good faith
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII of this Book. (n)
ARTICLE 1160.
Juridical relation resulting from the lawful, voluntary and unilateral acts by which both parties are tied
Quasi -contract
Kinds of quasi-contracts
- Negotiorum gestio
2. Solutio Indebiti
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 Relation, and of Title XVII of this Book, regulating damages.
ARTICLE 1161.
Scope of Civil liability
- Restitution
- Reparation for the damage caused
- Indemnification for consequential damages.
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws
ARTICLE 1162.
Act or an omission by a person (tort feasor) which causes damage to another giving rise to an obligation
Quasi-delict
crimes distinguished from quasi-delict
no criminal intent purpose in punishment affects public interest criminal and civil liab guilt proven beyond reasonable doubt
