Chapter 1, Title 1, OBLIGATIONS Flashcards
Articles 1156 - 1162
Article 1156
An obligation is a juridical necessity to give, to do, and not to do
A juridical tie; connotes that in case of noncompliance, there will be legal sanctions.
Juridical Necessity
Obligations which give to the creditor or obligee a right of action
in courts of justice to enforce their performance are known as _____.
Civil Obligations
It is not being based on positive law but on equity and natural law, and do not
grant a right of action to enforce their performance although in case
of voluntary fulfillment by the debtor, the latter may not recover what
has been delivered or rendered by reason thereof. (Art.* 1423.)
Natural Obligations
Essential requisites of an Obligation
- Passive Subject
- Active Subject
- Object / Prestation
- Juridical / Legal tie
(Subject matter of the obligation) or the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing. (see Art. 1232.) Without it, there is nothing to perform. In bilateral obligations (see Art. 1191.), the parties are reciprocally debtors and creditors.
Object / Prestation
(Called debtor or obligor) or the person who is bound to the fulfillment of the obligation; he who has a duty.
Passive Subject
(Also called efficient cause) or that which
binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation. (Art. 1157)
Juridical / Legal tie
(Called creditor or obligee) or the person who is entitled to demand the fulfillment of the obligation; he who has a right
Active Subject
The sum of money given as compensation for the injury or harm suffered by the obligee for the violation of his
right.
Damages
(1) As a general rule, the law does not require any form in obligations arising from contracts for their validity or binding force. (Art. 1356)
(2) Obligations arising from other sources (Art. 1157.) do not have any form at all.
Form of Obligations
It is the power which a person has
under the law, to demand from another any prestation.
Right
It is the act or performance which the law will enforce.
Obligation
Difference between an injury, damage and damages
Injury is the illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another, while damage is the loss, hurt, or harm which results from the injury. On the other
hand, damages denote the sum of money recoverable as amends for
the wrongful act or omission
Damage is the actual physical injury or harm that is suffered. While damages are the monetary or pecuniary compensation that is paid for suffering that injury or harm.
According to its legal meaning, is an
act or omission of one party in violation of the legal right or rights of
another, causing injury to the latter.
Wrong
A wrongful violation of his legal right
is not suffi cient to entitle a person to sue another in a court of justice for the enforcement or protection of said right.
As a rule, there must be, in addition, loss or damage caused to him by the violation of his right. But except for actual or compensatory damages (Art. 2199.), no
pecuniary proof is necessary in order that moral, nominal, temperate, liquidated, or exemplary damages may be awarded. (Art. 2216.)
Proof of loss for injury
Aperson has the right to take all legal steps to enforce his legal and/ or equitable rights.
One who makes use of his legal right does no injury. Qui jure suo utitur mullum damnum facit.
If damage results from avperson’s exercising his legal rights, it is damnum absque injuria (damage without injury).
Liability for damages of a person for exercising his legal rights
Kinds of obligation according
to subject matter
Real Obligation and Personal Obligation
(Obligation to do or not to do) or that in
which the subject matter is an act to be done or not to be done.
Personal Obligation
(Obligation to give) or that in which the subject matter is a thing which the obligor must deliver to the obligee
Real Obligation
Art. 3, Civil Code
Ignorance of law excuses no one from compliance therewith
An obligation to not do or to render service
Negative personal obligation
An obligation to do, or to render service
Positive personal obligation
Article 1157
Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
When they arise form the stipulation of the parties.
Contracts
When they arise from damage caused
to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties (Art. 2176.)
Quasi-Delicts or Torts
When they arise
from civil liability which is the consequence of a criminal offense (Art.
1161.
Act or omission punished by law ; Delicts
When they are imposed by the law itself
Law
when they 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 (Art. 2142.)
Quasi-Contracts
Article 1158
Obligations derived from law are not presumed. Only those expressly determined in this 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 of this Book. (1090)
Refers to legal obligations or obligations arising from law. They are not presumed because they are considered a burden upon the obligor. They are the exception, not the rule. To be demandable,
they must be clearly set forth in the law, i.e., the Civil Code or special
laws.
Article 1158
Refers to all other laws not contained in the Civil Code. Examples of such laws are Corporation Code, Negotiable Instruments Law, Insurance Code, National Internal Revenue Code, Revised Penal Code, Labor Code, etc.
Special Laws
Article 1159
Obligations arising from contracts have the force of law between the contracting parties and should be compiled with in good faith.
Obligations arising from contracts are
governed primarily by the agreement of the contracting parties. Once
perfected, valid contracts have the force of law between the parties
who are bound to comply therewith in good faith, and neither one
may without the consent of the other, renege therefrom.
Binding force
As a source of obligation, a
contract must be valid and enforceable. (see Art. 1403.) A contract is
valid (assuming all the essential elements are present, Art. 1318.) if it
is not contrary to law, morals, good customs, public order, and public
policy.
Requirement of a valid contract
A _______________ takes place when a party fails or refuses to comply, without legal reason or justification, with his obligation under the contract as promised.
Breach of contract
It means compliance or perfor-
mance in accordance with the stipulations or terms of the contract or agreement.
Good faith and fair dealing must be observed to prevent one party from taking unfair advantage over the other.
Evasion by a party of legitimate obligations after receiving the benefi ts under the
contract would constitute unjust enrichment on his part.
Compliance in good faith
Article 1160
Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title 18 of this book.
It is that juridical relation resulting from certain lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another. (Art. 2142.)
Quasi-Contract
It is the voluntary management of the property or affairs of another without the knowledge or consent of the latter.
(Art. 2144.)
Negotiorum gestio
is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. (Art. 2154.)
The obligation to pay money mistakenly paid arises from the moment said payment was made, and not from the time the payee admits the obligation to
reimburse.
Solutio indebiti
Article 1161
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)
Article 1162
Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book,
and by special laws. (1093a)
It is an act or omission by a person (tort feasor) which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being fault or
negligence but there is no pre-existing contractual relation between
the parties. (Art. 2176.)
Quasi-Delict
There are 4 requisites before a person can be held liable for quasi-delict
(1) There must be an act or omission by the defendant;
(2) There must be fault or negligence of the defendant;
(3) There must be damage caused to the plaintiff;
(4) There must be a direct relation or connection of cause and
effect between the act or omission and the damage; and
(5) There is no pre-existing contractual relation between the
parties.
