Chapter 1 Flashcards
what is the tie or bond recognized by law by virtue of which one is bound in favor of another to render something?
Obligation
the latin for obligation
Obligatio
what article gives the Civil Code definition of obligation, in its passive aspect?
Article 1156
obligation is a _______ because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment
Juridicial necessity
obligations which give to the creditor/obligee a right to enforce their performance
Civil obligations
obligations that do not grant a right of action to enforce their performance
Natural obligations
He who has a duty
Passive subject
He who has a right
Active subject
the conduct required to be observed by the debtor
Object/Prestation
binds or connects the parties to the obligation
Juridicial/legal tie
refers to the manner in which an obligation is manifested or incurred
Form of an obligation
act of performance
Obligation
power to demand from another any prestation
Right
act/omission of one party in violation of legal right
Wrong
wrongful violation of legal right of another
Injury
the three essential elements of a legal wrong or injury are:
Legal right in favor of a person
Correlative legal obligation on part of another
An act or omission by latter in violation of right with resulting injury or damage to former
kind of obligation that the obligor must deliver to the obligee
Real obligation
an act to be done or not to be done
Personal obligation
personal obligation that is to do or to render service
Positive personal obligation
personal obligation that is an obligation not to do
Negative personal obligation
in Article 1157, obligations arise from the five:
Law, contracts, quasi-contracts, crime, quasi-delicts
imposed by law itself
Law
stipulation of parties
Contracts
lawful, voluntary, and unilateral acts; no one shall be unjustly enriched/ benefited at the expense of another
Quasi-contracts
civil liability (consequence of a criminal offense)
Crime/acts/omissions punished by law
damage caused to another through an act or omission
Quasi-delicts/torts
case of contracts and quasi-contracts
Licit acts
punishable: delicts or crime; not punishable: quasi-delicts or torts
Illicit acts
article that states obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable
Article 1158
article that refers to legal obligations or obligations arising from law.
Article 1168
under article 1158, ______ refer to all other laws not contained in the Civil Code
Special laws
article that states obligations arising from contracts have the force of the law between the contracting parties and should be complied with in good faith
Article 1159
meeting between 2 or more persons whereby one binds himself, with respect to the other, to give or render something
Contract
obligations arising from contracts have force of law
Binding force
valid if it is not contrary to law
Requirement of a valid contract
when a party fails or refuses to comply, without legal reason or justification, with his obligation under the contract as promised.
Breach of contract
compliance or performance in accordance with the stipulations or terms of the contract or agreement.
Compliance of good faith
article that states obligations derived from quasi-contracts shall be subject to the provisions of Chapter 2, Title XVII of the book
Article 1160
juridicial 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 benefited at the expense of another
Quasi-contract
kind of quasi-contract that is a voluntary management of the property of affairs of another without the knowledge or consent of the latter
Negotorium gestio
juridicial relation which is created when something is received when there is no right to demand and it was unduly delivered through mistake
Solutio Indebiti
Solutio Indebiti requisites are:
No right to receive the thing delivered
Thing was delivered through mistake
article that states civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and the pertinent provisions of chapter 2
Article 1161
every person criminally liable for an act or omission is also civilly liable for damages offered by the aggrieved party
Civil liability in addition to criminal liability
in crimes that do not cause 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
Civil liability without criminal liability
civil liability includes:
Restitution,
reparation for the damage caused,
indemnification for consequential damages
article that states obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVIl of this Book, and by special laws.
Article 1162
an act or omission by a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done
Quasi-delict
requisites for quasi-delict:
There must be:
- an act or omission;
- fault or negligence;
- damage caused;
- direct relation or connection of cause and effect between the act or omission and the damage; and
- no pre-existing contractual relation between the parties
