Chapter 1 General Provisions

Question 1

1156

Answer 1

An obligation is a juridical necessity to give, to do, or not to do.

Question 2

Obligation

Answer 2

duty of a
person (obligor) to satisfy a specific demandable
claim of another person (obligee) which, if breached,
is enforceable in court

Question 3

connotes that in case of
noncompliance, there will be legal sanctions.

Answer 3

Juridical necessity

Question 4

sum of money given as a compensation for the
injury or harm suffered by the obligee for the violation of his
right

Answer 4

Damages

Question 5

the obligation to give

Answer 5

Real obligation

Question 6

the obligation to
do or not to do (e.g. the duty to paint a
house, or to refrain from committing a
nuisance)

Answer 6

Personal Obligation

Question 7

the obligation to do

Answer 7

Positive Personal Obligation

Question 8

the obligation not
to do (which naturally inludes not to give)

Answer 8

Negative Personal Obligation

Question 9

wrongful act or omission which causes loss
or harm to another

Answer 9

Injury

Question 10

An obligation is a juridical necessity to give, to
do, or not to do.

Answer 10

1156

Question 11

1157

Answer 11

Obligation arises from – (1) law; (2) contracts;
(3) quasi-contracts; (4) acts or omissions punished by
law; (5) quasi-delicts.

Question 12

Obligation arises from – (1) law; (2) contracts;
(3) quasi-contracts; (4) acts or omissions punished by
law; (5) quasi-delicts.

Answer 12

1157

Question 13

Law 1158

Answer 13

imposed by law itself; must
be expressly or impliedly set forth and cannot be presumed

Question 14

Contracts 1159

Answer 14

arise from
stipulations of the parties: meeting of the minds / formal
agreement
- must be complied with in good faith because it is the “law”

Question 15

Quasi-contracts 1160

Answer 15

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

Question 16

Delicts 1161

Answer 16

arise
from civil liability which is the consequence of a criminal
offense

Question 17

Quasi-delicts 1162

Answer 17

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

Question 18

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

Answer 18

1158

Question 19

Obligations arising from contracts have the force
of law between the contracting parties and should be
complied with in good faith.

Answer 19

1159

Question 20

Obligations derived from quasi-contracts shall be
subject to the provisions of chapter 1, title 17 of this
book.

Answer 20

1160

Question 21

juridical relation
which takes place when somebody
voluntarily manages the property affairs of
another without the knowledge or consent
of the latter; owner shall reimburse the
gestor for necessary and useful expenses
incurred by the latter for the performance of
his function as gestor.

Answer 21

NEGOTIORUM GESTIO

Question 22

something is received when there is no right to demand it and it
was unduly delivered through mistake;
obligation to return the thing arises on the
part of the recipient. (e.g. If I let a
storekeeper change my P500 bill and by
error he gives me P560, I have the duty to
return the extra P60)

Answer 22

SOLUTIO INDEBITI

Question 23

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 in Human
Relations, and of Title 18 of this book, regulating
damages.

Answer 23

1161

Question 24

restoration of property
previously taken away; the thing itself shall
be restored, even though it be found in the
possession of a third person who has
acquired it by lawful means, saving to the
latter his action against the proper person
who may be liable to him.

Answer 24

Restitution

Question 25

court determines the amount of damage:
price of a thing, sentimental value, etc.

Answer 25

Reparation

Question 26

includes damages suffered by
the family of the injured party or by a third
person by reason of the crime.

Answer 26

Indemnification

Question 27

Obligations derived from quasi-delicts shall be
governed by the provisions of chapter 2, title 17 of this
book, and by special laws.

Answer 27

1162