chapter 1 Flashcards
Article 1156
An obligation is a juridical necessity to give, to do, or not to do.
Obligation is derived from a latin word which means…
Obligatio; tying or binding
A tie or bond recognized by law by virtue of which one is bound in favor of another to render something
Obligation
Obligation is a juridical necessity because in case of noncompliance, courts of justice may be called upon by the aggrieved party to enforce its fulfillment.
Meaning of juridical necessity
Essential requisites of an obligation
- passive subject (debtor or obligor)
- active subject (creditor or obligee)
- object or prestation (subject matter of obligation)
- juridical or legal tie (aka efficient cause)
bound to the fulfillment of the obligation; he who has a duty
passive subject
entitled to demand the fulfillment of an obligation; he who has a right
active subject
It may consist in giving, doing, or not doing.
object
Obligation where both parties are reciprocally debtors and creditors
bilateral obligations
binds or connects the parties to the obligation
juridical or legal tie
Form of an obligation
It may be oral, in writing, or partly oral and partly in writing.
- The law doesn’t require any form for obligations from contracts for their validity or binding force.
- Obligations arising from other sources don’t have any form at all.
Obligation, right, and wrong distinguished
- Obligation is the act / performance which law will enforce.
- Right, is the power which a person has under the law, to demand from any prestation.
- Wrong is an act of omission of one party in violation of the legal rights.
Essential elements of a legal wrong or injury
a. a legal right in favor of a person (creditor/obligee/plaintiff)
b. a correlative legal obligation on the part of another (debtor/obligor/defendant); to respect or to not violate said right
c. an act of omission by debtor in violation of said right with resulting injury or damage to the debtor
Kinds of obligations according to its subject matter
- real obligation
- personal obligation
What is a real obligation?
obligation to give; subject matter is a thing which the obligor must deliver to the obligee
What is a personal obligation?
obligation to do or not to do; subject matter is an act to be done or not be done
Two kinds of personal obligation
a. positive personal obligation
b. negative personal obligation
What is a positive personal obligation?
to do or render service
What is a negative personal obligation?
not to do or not to give
Sources of obligation
- law
- contracts
- quasi-contracts
- crimes or acts or omissions
- quasi-delicts or torts
In relation to sources of obligation, what is contract?
when they arise from stipulation of the parties
In relation to sources of obligation, what is quasi-contract?
arise from lawful, voluntary, and unilateral acts
In relation to sources of obligation, what is crimes or acts or omissions punished by law?
arise from civil liability which is the consequence of a criminal offense
In relation to sources of obligation, what is quasi-delicts or torts?
arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists
Meeting of minds between 2 or more persons whereby one binds himself to give something
Contract
Binding force
Obligations arising from contracts have the force of law between contracting parties
Requirement of a valid contract
A contract is valid if it is not contrary to law, morals, good customs, public order, and public policy. It is invalid if it is contrary to law, morals, good customs, public order, and public policy.
A void contract doesn’t exist.
takes place when a party fails or refuses to comply, without legal reason or justification.
Breach of contract
Compliance or performance in accordance with the stipulations or terms of the contract or agreement
Compliance in good faith
Prevent injustice or prevent unjust enrichment of someone at the expense of another
Quasi-contractual obligations
Kinds of quasi-contracts
- negotiorum gestio
- solutio indebiti
- other examples of quasi-contracts
What is negotiorum gestio?
voluntary management of the property or affairs of another withiut the knowledge or consent of the latter
What is solutio indebiti?
juridical relation which is created when something is received when there is no right to demand it
Civil liability arising from crimes or delicts
- civil liability in addition to criminal liability
- criminal liability without civil liability
- civil liability without criminal liability
What is civil liability in addition to criminal liability?
A person criminally liable for an act or omission is also civilly liable for damages suffered by aggrieved party
What is criminal liability without civil liability?
Crimes with no material damage like contempt, gambling, violation of traffic regulations, there’s no civil liability to be enforced
What is civil liability without criminal liability?
a person’s that not criminally liable may still be liable civilly like failure to pay contractual debt
Scope of civil liability
- restitution
- reparation for damage caused
- indemnification for consequential damages
Requisites of quasi-delict
- there must be an act of omission
- fault or negligence
- damage caused
- must be a direct relation or connection of cause and effect between act or omission and damage
- no pre-existing contractual relation between the parties
Crime distinguished from quasi-delict
- Crime has criminal or malicious intent or criminal negligence. There’s only negligence in quasi-delict.
- In crime, purpose is punishment
In quasi-delict, it’s is indemnification - Crime affects public interest.
Quasi-delict concerns private interest. - In crime, there’s criminal & civil liability.
In quasi-delict, only civil liability only - Criminal liability can’t be compromised or settled by parties themselves.
Liability for quasi-delict can be compromised as any other civil liability. - In crime, guilt of accused must be proved beyond reasonable doubt.
In quasi-delict, the fault or negligence need only be proved by preponderance of evidence.
