CHAPTER 1 - GENERAL PROVISIONS - ART 1156-1162 Flashcards
Is the body of rules which deals with the nature and sources of obligations and the right and duties arising from agreements and the particular contracts
LAW ON OBLIGATIONS AND CONTRACTS
Where can we find the Law on Obligations and contracts?
Found in the civil code of the Philippines
What R.A and when does it became approved?
Approved as Republic Act NO. 386 on June 18, 1949
It is divided as how many books?
It is divided into (4) books
What is the conclusive presumption of knowledge of law?
Ignorance of law excuses no one from compliance therewith (Art.3)
What Doctrine of Principle pertains to law as harsh?
Dura Lex Sed Lex
Is a juridical necessity to give, to do, or not to do.
Obligation
In case of noncompliance, courts of justice may be called upon for its fulfillment
Juridical Necessity
Gives the creditor or obligee the right to enforce performance (demandable)
Civil Obligations
Based on equity or natural law and not base on positive law (Art. 1423
Natural Obligations
Also called debtor or obligor. It is the person bound to the fulfillment of the obligation and the person who has the duty to give, to do, or not to do
Passive Subject
Also called creditor or obligee, the person entitled to demand fulfillment
Active Subject
The giving, doing, or not doing
Object or Prestation
Also called efficient cause, it bind or concerns the parties to the obligation
Juridical or Legal Tie
Give the two forms of Obligations
Oral or Writing/ Partly oral and partly writing
General Rule in terms of valid contracts or the ART. 1356
The law does not require any form for obligations arising from contracts for their validity or binding force
The power to demand from another any prestation
Rights
Act or omission of one party in violation of legal rights or rights of another.
Legal Wrong/ Cause of action
Two Kinds of Obligation
Personal and Real Obligations
What kind of obligation is obligation to give?
Real Obligation
What kind of obligation is obligation to do or not to do?
Personal Obligation
What kind of obligation is the obligation to do or render service?
Positive Personal Obligation
What kind of obligation is the obligation not to do or not to violate?
Negative Personal obligation
What are the sources of obligations under Art. 1157?
Law, Contracts, Quasi-contracts, Acts or omissions punishable by law and Quasi-Delicts
A rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit
Law
What does Art. 1158 says?
Obligations derived from law are not presumed. Only those expressly determined in the Civil Code or 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 on Obligations.
A meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305)
Contracts
What does Article 1159 says?
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
They refer to certain lawful, voluntary and unilateral acts giving rise to a juridical relation to the end that no one shall be unjustly enriched at the expense of another. (Art. 2142)
Quasi- Contracts
This refers to the voluntary administration of the property, business or affairs of another without his consent or authority. It creates the obligation to reimburse the gestor or officious manager for necessary and useful expenses. (Art. 2150)
Negotiorum Gestio
This refers to payment by mistake of an obligation which was not due when paid. It creates the obligation to return the payment. (Art. 2154)
Solutio Indebiti
These are crimes or felonies. The commission of a crime makes the offender civilly liable. (Art. 100, Revised Penal Code.)
Acts or omissions punishable by law (delicts or crimes)
What are the three civil liabilities?
Resitution, Reparation of the damaged caused and Indemnification for consequential damages
Civil liabilities under 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.
Resitution
Civil Liabilities under 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.
Reparation of the damages caused
Civil liabilities which includes not only those caused the injured party, and reparation shall be made accordingly.
Indemnification for consequential damages
These are acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between the parties.
Quasi Delicts
Also known as torts or culpa aquiliana
Quasi Delicts
Requisites or Elements of an Obligation
Passive Subject, Active Subject, Object or Prestation, Juridical or Legal Tie
