CHAPTER 1 Flashcards
is derived from the Latin word obligatio which means tying or binding.
Obligation
Kinds of obligation according to the subject matter.
(1.) Real obligation (obligation to give)
(2) Personal obligation (obligation to do or not to do)
(3) Object or prestation (subject matter of the obligation)
(4) A juridical or legal tie (also called efficient cause)
There are two (2) kinds of personal obligation:
A. Positive-personal-obligation
B. Negative-personal-obligationis
Essential requisites of an obligation.
Every obligation has four (4) essential requisites, namely
1) A passive subject (called debtor or obligor).
(2) An active subject (called creditor or obligee
the person who is bound to the fulfillment of the obligation; he who has a duty;
1) A passive subject (called debtor or obligor).
the person who is entitled to demand the fulfillment of the obligation; he who has a right;
(2) An active subject (called creditor or obligee
the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing
(3) Object or prestation (subject matter of the obligation)
- that which binds or connects the parties to the obligation.
(4) A juridical or legal tie (also called efficient cause).
is that in which the subject matter is a thing which the obligor must deliver to the obligee.
(1) Real obligation (obligation to give)
is that in which the subject matter is an act to be done or not to be done.
(2) Personal obligation (obligation to do or not to do)
ART. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
when they are imposed by law itself
1) Law.
obligation to do or to render service.
is obligation not to do (which naturally includes obligations “not to give”).
(a) Positive personal obligation
(B) Negative-personal obligation
when they are imposed by law itself.
(1) Law.
when they arise from the stipulation of the parties.
(2) Contracts.
when they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another
(3) Quasi-contracts.
when they arise from civil liability which is the consequence of a criminal offense.
(4) 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.
5) Quasi-delicts or torts.
Contractual obligations.
(1) Binding force.
(2) Requirement of a valid contract.
(3) Breach of Contract.
Obligations arising from contracts have the force of law between the contracting parties,
(1) Binding force.
A contract is valid (assuming all the essential elements are present)
(2) Requirement of a valid contract.
A contract may be breached or violated by a party in whole or in part.
(3) Breach of Contract
means compliance or performance in accordance with the stipulations or terms of the contract or agreement.
Compliance in good faith.
that 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 unjustly enriched or benarited at the expense of another.
Quasi-contractual obligations.
Kinds of quasi-contracts.
The principal kinds of quasi-contracts are negotiorum gestio and solutio indebiti
is the voluntary management of the property or affairs of another without the knowledge or consent of the latter
1) Negotiorum gestio
is 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.
- Solutio indebiti
