Chapter 1

Question 1

What is Article 1157 about?

Answer 1

Sources of Obligation

Question 2

What are the sources of obligation?

Answer 2

1. Law
2. Contract
3. Quasi-Contract
4. Delict
5. Quasi - Delict

Question 3

What does it mean by “obligation is a juridical necessity?

Answer 3

Article 1156 emphasizes the definition of obligation as duty under the law. In case on noncompliance, the aggrieved party may summon or call the courts of justice to enforce the fulfillment of the obligation to the debtor.

Question 4

What are the essential elements or characteristics of obligation?

Answer 4

1. Passive subject (Debtor)
2. Active Subject (Creditor)
3. Object
4. Juridical Tie or Legal Tie

Question 5

What is the relationship between right and obligation?

Answer 5

For every right enjoyed by a person, there is a corresponding obligation of another person to respect such legal right.

Question 6

What is “right”?

Answer 6

A claim or title to an interest in anything that whatsoever is enforceable by the law. It is a power, privilege, and immunity guaranteed under the decisional law, statute, and constitution.

Question 7

What is “Civil Action”?

Answer 7

When a party sues another party for the enforcement and protection of right, and the prevention or redress of wrong.

Question 8

What is “Cause of Action”?

Answer 8

It is the act or omission by which a party violates the right of another.

Question 9

What is a “complaint”?

Answer 9

An initial written statement that starts the civil action which contains the written statement alleging the plaintiff’s claim. The function of the complaint is to give the defendant the notice of the nature and basis for claim.

Question 10

What are the 3 essential elements of cause of action?

Answer 10

1. the legal right of the plaintiff
2. the correlative obligation of the defendant
3. the act or omission committed by the defendant in violation of said legal right.

Question 11

Define plaintiff.

Answer 11

The party who brings the civil suit to courts of law. He/she is the person who files the complaint in court.

Question 12

Define defendant.

Answer 12

The party sued in a civil proceeding. He/she is the person who is required to answer the complaint in court.

Question 13

Define Debtor or Obligor.

Answer 13

The person whom the obligation is juridically demandable. He/she is the person who has the obligation to give, to do, or not to do.

Question 14

Define Creditor or Obligee.

Answer 14

The person who has the right to demand the fulfillment of the obligation. He/she is the person who has the right to demand compliance of the obligation to give, to do, or not to do.

Question 15

Define Object.

Answer 15

The fact, prestation, or service. It is the particular conduct of the debtor or obligor which may consist in giving, doing, or not doing something.

Question 16

What is “prestation”?

Answer 16

The object of the obligation, and the conduct required by the parties to give, to do, or not to do.

Question 17

What is “Juridical or Legal Tie”?

Answer 17

It is which creates the relationship between the debtor and creditor. It is the tie that essentially binds the parties to the obligation.

Question 18

What is the other term for “Juridical or Legal Tie”

Answer 18

Efficient Cause or Vinculum Juris

Question 19

The obligation is constituted upon the concurrence of the following essential elements:

Answer 19

1. the juridical or legal tie established by the sources of obligation.
2. the object which is the prestation or conduct that is required to observe.
3. the subject persons who, viewed from the demandability of the obligation.

Question 20

Civil Action gives rise to Civil Obligation

Question 21

Civil obligation is not the same as Natural Obligation, or Moral Obligation

Question 22

Natural obligations are formerly Civil Obligations which due to prescription are no longer enforceable.

Question 23

Moral obligations are not enforceable from the very beginning but because of human relationship and consideration, they maybe complied.

Question 24

What are the requisites of an object?

Answer 24

1. it must be licit (otherwise it is void)
2. it must be possible, physically and juridically (otherwise it is void)
3. it must be determinate or determinable (otherwise it is void)