CHAPTER 1 - GENERAL PROVISION Flashcards
A juridical necessity to give, to do, or not to do
OBLIGATION (ARTICLE 1156)
the possessor of a right; he in whose favor the obligation is constituted.
ACTIVE SUBJECT
ACTIVE SUBJECT
OBLIGEE or CREDITOR
He who has the duty of giving, doing, or not doing;
PASSIIVE SUBJECT
PASSIVE SUBJECT
OBLIGOR or DEBTOR
the subject matter of the obligation.
OBJECT or PRESTATION
the reason why the obligation exists.
EFFICIENT CAUSE
EFFICIENT CAUSE
VINCULUM or JURIDICAL TIE
like the duty to pay taxes or to support one’s family.
LAW
like the duty to repay the loan by virtue of an agreement.
CONTRACTS
ike the duty to refund an over-change of money because of the quasi-contract of solution indebiti or “undue payment.”
QUASI-CONTRACTS
like the duty to return a stolen carabao.
CRIMES OR ACTS OR OMMISSIONS PUNSIHED BY LAW
like the duty to indemnify a person who suffered damages because your acts or negligence, without criminal intent or pre-existing obligation.
QUASI DELICTS OR TORTS
Only those expressly determined in this code or by special laws are demandable, and shall be regulated by precepts of law which established them; and as to what has not been foreseen, by the provisions of this book.
OBLIGATION DERIVED FROM LAW ARE NOT PRESUMED (LAW)
Obligations arising from contracts have the full force of law between the contracting parties and should be complied with in [..]
GOOD FAITH (CONTRACT)
It is the is that juridical relation resulting from a lawful, voluntary, and unilateral act, and which has for its purpose the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another
QUASI-CONTRACTS
2 KINDS OF QUASI-CONTRACTS
NEGOTIORIUM GESTIO and SOLUTIO INDEBITI
This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority (Article 2144). Reimbursement must be made to the gestor for necessary and useful expenses, as a rule.
NEGOTIORIUM GESTIO
This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake. The recipient has the duty to return it.
SOLUTIO INDEBITI
Every person criminally liable for a felony is also civilly liable. (Article 100, Revised Penal Code)
CRIMES/DELICT
One which causes damage to another, there being fault or negligence, but there is no pre-existing contractual relation between the parties.
QUASI DELICT OR CULPA AQUILIANA
3 CLASSIFICATION OF OBLIGATIONS IN GENERAL (FROM THE “SANCTION”)
CIVIL OBLIGATION, NATURAL OBLIGATION AND MORAL OBLIGATION
that defined in Article 1156. The sanction is judicial process.
CIVIL OBLIGATION
the duty not to recover what has voluntarily been paid although payment was no longer required. The sanction is law but only because conscience had originally motivated the payment.
NATURAL OBLIGATION
the duty of the Catholic to hear mass on Sundays and holy days of obligations. The sanction here 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.
NEGATIVE OBLIGATION
where only one of the parties is bound.
UNILATERAL
where both parties are bound
BILATERAL
THE PRESTATION IN AN OBLIGATION
1.) To give (real obligation)
2.) To do (positive personal obligation)
3.) Not to do (negative personal obligation)
refers to (res or thing) if what is to be given is specific or particularly designated from all others or the same class
REAL DETERMINATE OBLIGATION
if object is designated merely by its class or genus,
REAL GENETIC OBLIGATION
