Chapter 1 Flashcards
Article 1156
An obligation is a juridical necessity to give, to do or not to do.
An obligation is a juridical necessity to give, to do or not to do.
Article 1156
Concept of Obligations
(Sanchez Roman)
Juridical necessity to comply with a prestation.
Concept of Obligations
(Manresa)
Legal relation established between one person and another, whereby the latter is bound to the fulfillment of a prestation which the former may demand from him.
Civil obligation
Gives to the obligee or creditor the right of enforcing it against the obligor or debtor in a court of justice.
Natural obligation
Cannot be enforced by court action.
Civil obligation is based on
Positive law
Natural obligation is based on
Equity and natural law
Requisites of Obligations
(1) juridical or legal tie
-bilateral
-unilateral
(2) active subject
(3) passive subject
(4) fact, prestation or service
As a general rule, the form of the obligation is not an essential element/requisite.
Except
(1) donation of personal property whose value exceeds P5,000.00
(2) sale of a piece of land or any interest therein through an agent
(3) Interests in a contract of simple loan or
mutuum
(4) antichresis, principal amount and interest be specified in writing
(5) Donation of immovable property
(6) contribution of immovable property or real rights to common fund (partnership)
(7) Chattel Mortgage
(8) sale or transfer of large cattle
Classification of obligations (primary)
(1) Pure and conditional
(2) With a period
(3) Alternative and facultative
(4) Joint and solidary
(5) Divisible and indivisible
(6) With a penal clause
Classification of obligations (secondary)
(1) Legal, conventional and penal
(2) Real and personal
(3) Determinate and generic
(4) Positive and negative
(5) Unilateral and bilateral
(6) Individual and collective
(7) Accessory and principal
Classification of obligations (Sanchez Roman)
(1) As to juridical quality
(a) Natural
(b) Civil
(c) Mixed
Classification of obligations (Sanchez Roman)
(2) As to parties
(a) Unilateral and bilateral
(b) Individual and collective
Classification of obligations (Sanchez Roman)
(3) As to object
(a) Determinate and generic
(b) Simple and multiple
(c) Positive and negative
(d) Real and personal
(e) Possible and impossible
(f) Divisible and indivisible
(g) Principal and accessory
Classification of obligations (Sanchez Roman)
(4) As to perfection and extinguishment
(a) Pure
(b) Conditional
(c) With a term or period
(a plazo)
Article 1157
Obligations arise from:
- Law;
- Contracts;
- Quasi-contracts;
- Acts or omissions punished by law; and
- Quasi-delicts.
Obligations arise from:
- Law;
- Contracts;
- Quasi-contracts;
- Acts or omissions punished by law; and
- Quasi-delicts.
Article 1157
The addition of ______ has been criticized as theoretically erroneous.
law or lege
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.
Article 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 between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Contract
Contracts perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all of the consequences which according to their nature maybe in keeping with good faith, usage and law.
Consensual contracts
Perfected upon the delivery of the obligation such as deposit, pledge and commodatum.
Real contracts
Arises from the moment of perfection of the contract.
Obligation
Parties are mutually obliged to do or to give something
Reciprocal obligation
Only one party (obligor) is obliged to do or to give something.
Unilateral obligation
Performance in accordance with the stipulations, clauses, terms and conditions of the contract.
Compliance in good faith
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book.
Article 1160
Juridical relations arising from lawful, voluntary, and unilateral acts, by virtue which the parties become bound to each other, based on the principle that no one shall be unjustly enriched or benefited at the expense of others.
Quasi-contracts
The most important of these juridical relations which are recognized and regulated by the Civil Code are ___ and ___.
negotiorum gestio and solutio indebiti
The juridical relation which arises whenever a person voluntarily takes charge of the agency or management of the business or property of another without any power or authority from the latter.
Negotiorum gestio
The juridical relation which arises whenever a person unduly delivers a thing through mistake to another who has no right to demand it.
Solutio indebiti
Consent given by law if there is no express consent given by the other party.
Presumptive consent
gives rise to multiple juridical relations resulting in obligations for delivery of the thing and rendering of service.
Presumptive consent
Civil obligations arising from 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.
Article 1161
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of the Book, and by special laws.
Article 1162
The fault or negligence of a person, who, by his act or omission, connected or unconnected with, but independent from, any contractual relation, causes damage to another person.
Quasi-delicts
