Chapter 1 Flashcards
JURIDICAL NECESSITY
juridical tie; connotes that in case of noncompliance, there will be legal sanctions.
obligation
An _____ is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court
DAMAGES
sum of money given as a compensation for the injury or harm suffered by the obligee for the violation of his right.
Kinds of Obligation - From the Viewpoint of “Sanction”
- Civil Obligation 2. Natural obligation 3. Moral Obligation
Kinds of Obligation - From the Viewpoint of “subject matter”
- REAL OBLIGATION 2. PERSONAL OBLIGATION
Kinds of Obligation - From the affirmativeness and negativeness of th obligation
- Positive or Affirmative Obligation 2. Negative Obligation
Kinds of Obligation - From the Viewpoint of persons obliged -
“sanction”
- Unilateral 2. Bilateral
that defined in Article 1156; an obligation, if not fulfilled when it becomes due and demandable, may be enforced in court through action; based on law; the sanction is judicial due process
CIVIL OBLIGATION
a special kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debtor; based on equity and natural law.
NATURAL OBLIGATION
the sanction is conscience or morality, or the law of the church.
MORAL OBLIGATION
the obligation to give
REAL OBLIGATION
the obligation to do or not to do
PERSONAL OBLIGATION
the obligation to give or to do
POSITIVE OR AFFIRMATIVE OBLIGATION
the obligation not to do (which naturally inludes not to give)
NEGATIVE OBLIGATION
where only one of the parties is bound
UNILATERAL
where both parties are bound (e.g. In a contract of sale, the buyer is obliged to deliver)
BILATERAL
ELEMENTS OF OBLIGATION
- Active subject 2. Passive Subjecy 3. Prestation 4. Efficient Cause 5. Causa
the person who is demanding the performance of the obligation;
ACTIVE SUBJECT(Creditor / Obligee)
the one bound to perform the prestation or to fulfill the obligation or duty;
PASSIVE SUBJECT – (Debtor / Obligor)
(to give, to do, or not to do) object; subject matter of the obligation; conduct required to be observed by the debtor;
PRESTATION
the JURIDICAL TIE which binds the parties to the obligation; source of the obligation.
EFFICIENT CAUSE
why obligation exists
CAUSA (causa debendi/causa obligationes
Obligation arises from
(1) law; (2) contracts; (3) quasi-contracts; (4) acts or omissions punished by law; (5) quasi-delicts.
What is ART 1156
An obligation is a juridical necessity to give, to do, or not to do.
What is ART 1157
- Obligation arises from – (1) law; (2) contracts; (3) quasi-contracts; (4) acts or omissions punished by law; (5) quasi-delicts.
imposed by law itself; must be expressly or impliedly set forth and cannot be presumed
LAW
arise from stipulations of the parties: meeting of the minds / formal agreement - must be complied with in good faith because it is the “law” between parties;
CONTRACTS
arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another
QUASI-CONTRACTS
2 Kinds of Quasi-Contracts
Negotiorum Gestio and Solutio Indebiti
unauthorized management; This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority
Negotiorum gestio
undue payment; This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake
Solutio indebiti
arise from civil liability which is the consequence of a criminal
offense
DELICTS
arise from damage caused to another through an act or omission, there being no fault or negligence, but no contractual relation exists between the parties
QUASI-DELICTS / TORTS
What is ART 1158
- Obligations from law are not presumed. Only those (1) expressly determined in this code or (2) 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 code.
What is ART 1159
- Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
meeting of minds between two persons whereby one binds himself, with respect to the other, to give, to do something or to render some service; governed primarily by the agreement of the contracting parties.
CONTRACT
it should not be against the law, contrary to morals, good customs, public order, and public policy.
VALID CONTRACT
primarily governed by the stipulations, clauses, terms and conditions of their agreements.
OBLIGATIONS ARISING FROM CONTRACTS
compliance or performance in accordance with the stipulations or terms of the contract or agreement.
COMPLIANCE IN GOOD FAITH
only the unauthorized insertions will be disregarded; the original terms and stipulations should be considered valid and subsisting for the partied to fulfill.
FALSIFICATION OF A VALID CONTRACT
juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which, both parties become bound to each other, to the end that no one will be unjustly enriched or benefited at the expense of the other.
QUASI-CONTRACT
