Chapter 1 Flashcards
Art. 1156
An obligation is a juridical necessity to give, to do or not to do.
obligation is derived from the latin word ______ which means _______ or _______.
obligatio, tying, binding
The person who has a duty to fulfill the obligation.
passive subject
The person who is entitled to demand the fulfilment of the obligation. the one who has the right.
Active subject
the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing.
Object or prestation
Also called efficient cause - that which binds or connects the parties to the obligation
Juridical or legal tie
It may be oral, or in writing, or partly oral, and partly in writing.
Form of an obligation
kinds of Obligation
Real obligation
Personal obligation
(positive personal obli, negative personal obli)
Obligation to give. The subject matter is a thing which the obligor must deliver to the obligee.
Real obligation
Obligation to do or not to do. The subject matter is an act to be done or not to be done.
Personal Obligation
ART. 1157 Obligation arise from:
Law
contracts
Quasi-contracts
Acts or omissions punished by law
Quasi-delicts
sources of obligation
law
contracts
quasi contracts
crimes or act or omission punished by law
quasi delicts or torts
when they are imposed by law itself
law
when they arise from the stipulation of the parties
contracts
when they arise from the lawful, voluntary and unilateral act which are enforceable to the end that no one should be unjustly and enriched are benefited at the expense of another.
quasi contracts
when they arise from the civil liability which is the consequence of a criminal offense.
crimes or acts or omissions punished by law
when they arise from damage caused to another through an act or omission,there being fault or negligence, but no contractual relation exists between the parties.
quasi delicts or torts
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 precept of the law whichestablishes them and ask to what has not been foreseen by the provisions of this book
article 1158
obligation arising from contracts have the force of law between the contracting parties and should be complied with in good faith
article 1159
is a meeting of minds between two or more persons whereby one binds himself with respect to the other to give something or to render some service
contract
contractual obligations
binding force
requirement of a valid contract
breach of contract
obligations arising from contracts have the force of law between the contracting parties. as a source of enforceable obligation contract must be valid and it cannot be valid if it against the law
binding force
a contract is valid if it is not contrary to law, morals, good customer, public order and public policy. it is invalid or void if it is contrary to law morals good customs public order or public policy.
requirement of a valid contract
a contract may be breached or violated by a party in a whole or in a part.
breach of contract
it is when a party fails or refuse 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 are terms of contract or agreement. sincerity and honesty must be observed to prevent one party from taking unfair advantage over the other
compliance in good faith
obligations derived from quasi contract shall be subject to provisions of chapter 1
article 1160
it writes of obligations arising from quasi contract or contract implied in law
article 1160
juridical 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 and justly enriched are benefited at the expense of another
quasi contract
is the voluntary management of the property or affairs of another without knowledge or consent of the latter
negotiorum gestio
the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. it is based on the principle that no one should enrich himself unjustly at the expense of another
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 relations and of the title XVIII of this book regulating damages
article 1161
often times the commissions of a crime causes not only moral evil but also material damage
civil liability in addition to criminal liability
in crimes however which cause no material damage there’s no civil liability to be enforced
criminal liability without civil liability
a person not criminally responsible may still be liable civilly, such as failure to pay a contractual debt causing damage to another property without malicious or criminal intent or negligence
civil liability without criminal liability
obligations derived from quasi delicts shall be governed by the provisions of chapter 2
article 1162
it is the act of performance which the law will enforce
obligation
it is the power which a person has under the law to demand from another any prestation
right
it is an act or mission of one party in violation of the legal right or rights of another. in law the term injury is also used to refer to the wrongful violation of the legal right of another
wrong
