Chapter 1: General Provisions Flashcards
“binding” or “tying”
Obligatio
Juridical necessity
connotes that in case of non-compliance, there will be a legal sanction
DAMAGES
sum of money as a compensation for the harm or injury suffered by the obligee for the violation of his right
Kinds of Obligation as to sanction
Civil, Natural, Moral
Kinds of Obligation as to subject matter
Real and Personal
Kinds of Obligation as to affirmativeness or negativeness
Positive and Negative
Kinds of Obligation From the viewpoint of persons obliged -
“sanction”
Unilateral and Bilateral
Elements of Obligation
- Subjects (active, passive)
- Object
- Juridical tie (efficient cause), sources of obligation
Requisites of Prestation / Object
1) licit (if illicit, it is void)
2) possible (if impossible, it is void)
3) determinate or determinable (or else, void)
4) pecuniary value
Injury vs Damage
INJURY – wrongful act or omission which causes loss
or harm to another
DAMAGE – result of injury (loss, hurt, harm
Elements of Cause of Action
- right
- obligation
- act or omission
THREE INCIDENTS IN EXISTENCE
- Creation, Performance, Extinguishment
Obligations arising from contracts have the force of law bet. the contracting parties and should be complied with in good faith.
Obligatory force of contracts
CONTRACT
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.
Quasi-contract
juridical tie arising from lawful, voluntary and unilateral acts with the objective of preventing unjust enrichment or benefit at the expense of another
2 Forms of Quasi-contracts
Negotiorum Gestio, Solutio Indebiti
Actions based upon a written contract should be brought within
10 years from the time the right of action accrues.
QUASI-DELICT
Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions in this chapter.
