Chapter 1 - General Provisions Flashcards
What is an obligation
An obligation is a juridical necessity to give, to do, or not to do
Explain the difference between the obligation to do; or to give;
To do includes all kind of work or service;
To give is a prestation which consists in a delivery of a movable or immovable thing in order to create a real right, or for the use of a recipient, or for just the possession, or in order to return it to the owner
What is a right
A right is a claim or title to an interest in anything whatsoever that is enforceable by law. A right is a power, privilege, or immunity guaranteed under a constitution, statute, or decisional law, or recognized as a result of long usage, constitutive of a legally enforceable claim of one person against the other
For every right enjoyed by any person?
There is a corresponding obligation on the part of another person to respect such right
An obligation is a juridical relation whereby a person called _______ may demand from another ________ the observance of a determinative conduct and in case of breach, may demand satisfaction from the assets of the latter
Creditor, Debtor
What is a civil action
is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong
What is a cause of action
is the act or omission by which a party violates a right of another
What is a complaint
A complaint contains the written statements alleging the plaintiff’s claim or cause or causes of action. It is the initial statement that starts a civil action. The function of a complaint is to give the defendant a notice of the nature and basis for the claim.
What are the three essential elements of a cause of action
- The legal right of the plaintiff
- The correlative obligation of the defendant
- The act or omission of the defendant in violation of the said legal right
If these elements are absent, the complaint becomes vulnerable to dismissal on the ground of failure to state a cause of action
What is a plaintiff
A plaintiff is the party who brings a civil suit in a court of law. He is the person who files the complaint in court.
What is a defendant
A person sued in a civil proceeding. He is the person who will be required to answer the complaint in court.
What is REAL OBLIGATION? (obligation to give)
Obligation of the debtor or obligor to deliver a thing, movable or immovable, to the creditor or obligee for the purpose of transferring ownership or for the use or possession of the recipient
What are the kinds of real obligation
- Determinate or Specific Real Obligation
- Indeterminate or Generic Real Obligation
Explain to me determinate or specific real obligation
The obligation of the debtor or obligor to deliver a determinate or specific thing to the creditor or obligee
Meaning of specific or determinate thing
A thing is determinate when it is particularly designated or physically segregated from all others of the same class
What is an indeterminate or generic real obligation
The obligation of the debtor or obligor to deliver an indeterminate or generic thing to the obligor or creidtor
Meaning of generic or indeterminate thing
A thing is indeterminate when it is designed merely by its class or genus without any particular designation or physical segregation from all others of the same class
What is PERSONAL OBLIGATION (obligation to do and not to do)
Obligation to do is also known as personal positive obligation while obligation not to do is also known as negative personal obligation
What are the kinds of personal obligation
- Positive Personal Obligation
- Negative Personal Obligation
What is a positive personal obligation
This is the obligation of the debtor or obligor to perform some work or service for the creditor or obligee
What is a negative personal obligation
This is the obligation of the debtor or obligee not to perform some act in favor of the creditor or obligee
What are the Essential Elements of an Obligation
- Passive Subject
- Active Subject
- Object
- Juridical or Legal Tie
What is a Passive Subject?
It is the person from whom the obligation is juridically demandable. He is the person who has the obligation to give, to do, or not to do (Debtor or Obligor)
What is a active subject?
It is the person who has the right to demand the fulfillment of the obligation. He is the person who has the right to demand compliance of the obligation to give, to do, or not to do
What is an object in the essential elements of an obligation?
It is the fact, prestation or service. It is the particular conduct of the debtor or obligor which may consists in giving, doing or not doing something
Explain what prestation is
Prestation is the object of an obligation, and it is the conduct required by the parties to do or not to do, or to give
What is a Juridical or Legal tie or Efficient cause or Vinculum juris
It is which creates the relation between the passive subject or obligor and the active subject or obligee. The cause is the vinculum juris or juridical tie that essentially binds the parties to the obligation
What are the sources of obligation under the Article 1157 of the Civil Code?
Article 1157, obligations arise from
1. Law
2. Contracts
3. Quasi-Contracts
4. Acts or omissions punished by law/delicts
5. Quasi-delicts
Is practice or custom a source of obligation?
A practice or custom is, as a general rule, not a source of a legally demandable or enforceable right
What is law?
A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit
What is a contract?
A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service
A contract undergoes various stages that includes
- Negotiation or preparation
- Perfection
- Consummation
What period does the negotiation period cover
It covers the period from the time the prospective contracting parties indicate interest in the contract to the time the contract is concluded (perfected)
Perfection of the contract takes place upon the concurrence of the essential elements which are
- Consent
- Object
- Consideration
The stage of consummation begins when
the parties perform their respective undertakings under the contract culminating in the extinguishment thereof
A contract cannot as an independent source of obligation, serve as a binding juridical relation until?
It is perfected
It is fundamental that contract is the?
law between the parties
What is the meaning of Quasi
This is a latin term which means “as if”
What acts give rise to a Quasi-Contract
Certain lawful, voluntary, and unilateral acts (to the end that no one shall be unjustly enriched or benefited at the expense of another)
What are the conditions to declare that a person has unjustly enriched himself or herself
- A person is unjustly benefited
- Such benefit is derived at the expense of or to the damage of another
What are the kinds of quasi-contracts?
- Negotiorum Gestio
- Solutio Indebiti
- Other quasi-contracts
What is Negotiorum Gestio
Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so
What is a solutio indebiti?
If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises
For the extra-contractual obligation of solutio indebiti to arise, the following requisites must be proven:
- The absence of a right to collect the excess sums
- The payment was made by mistake
What are other quasi-contracts?
Those support given by strangers as enumerated under Article 2164 to 2175 of the New Civil Code
What is Delict or also known as “Acts or Omission Punished by Law”
A violation of the law; especially, a wrongful act or omission giving rise to a claim for compensation. Every person criminally liable for a felony is also civilly liable.
What are the civil liabilities in delict
- Restitution
- Reparation of the damage caused
- Indemnification for consequential damages
What is restitution?
The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court
What is reparation of the damage caused?
The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly
What is indemnification for consequential damages
Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime
Differences between restitution, reparation, and indemnification
Restitution applies when thing can be restored or give back; Reparation applies when restitution can’t be applied, the value of the damage should be paid back; Indemnification is for consequential damages (Ex. Compensation for loss earning due to obtained injury)
What is a quasi-delict?
Whenever there is fault or negligence and it cause damage, and there is no pre-exisiting contractual relation between the parties, the party is obliged to pay for the damage done. It is called a quasi-delict. It is also known as “culpa-aquiliana”
What are the elements/requisites of negligence
- The fault or negligence of the defendant
- The damage suffered or incurred by the plaintiff
- The relation of cause and effect between the fault or negligence of the defendant and the damage incurred by the plaintiff
What are the kinds of negligence?
- Culpa Aquiliana or Quasi-delict
- Culpa Contractual
- Culpa Criminal
- What is Culpa Aquiliana or Quasi-Delict
This is negligence resulting from the failure to observe the required diligence which causes damage to another person
What is culpa contractual?
This is negligence in the performance of a pre-existing contract
What is Culpa Criminal?
This is also known as criminal negligence. This is negligence which results in the commission of a crime
Both culpa aquiliana and culpa contractual are?
Civil Negligence
What does article 1156 state?
An obligation is a juridical necessity to give, to do, or not to do
What does article 1158 state?
Obligations derived from law are not presumed. If the law does not include, therefore it excludes. Only those which the law clearly stipulate or express are demandable.
What does article 1159 state?
Obligations arising from contracts have the force of law between the contracting parties and should be complied in good faith
What is good faith?
It is an intangible and abstract quality with no technical meaning or statutory definition, and it encompasses, among other things, an honest belief, the absence of malice and the absence of design to defraud or to seek an unconscionable advantage.
Contracting parties may freely stipulate their duties and obligations in their contract which would be binding on them, as long as?
It’s not contrary to law, morals, good customs, public order, or public policy
What does Article 1160 state?
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this book
Which are:
1. Negotiorum Gestio
2. Solutio Indebiti
3. Other Quasi-Contracts
What is the concept of diligence of a good father of a family?
The concept connotes reasonable care consistent with that which an ordinary prudent person would have observed when confronted with a similar situation
What does Article 1161 state?
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 Title XVIII of this Book, regulating damages (1092a)
What does Article 1162 state?
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this book, and by special laws
What is negligence?
It is the failure to observe for the protection of the interests of another person that degree of care, precaution and vigilance which the circumstances justly demand, whereby such other person suffers injury
What is the test of negligence?
The test of negligence is objective. We measure the act or omission of the tortfeasor with that of an ordinary reasonable person in the same situation. If not, then he is guilty of negligence
What is proximate cause?
is that cause acting first and producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury as natural and probable result of the cause which first acted. Basically the root cause.
