Civil liability-obligations Flashcards
- Legal responsibility for the payment to an agreed third-party due to the violation of civil law
- Liability imposed by the court against a person who violates the civil law
CIVIL LIABILITY
law concerning individual relations, properties, business, personal dealings, etc., and their interaction with each other
Civil Law
Comes with monetary compensation instead of imprisonment like in criminal law
Civil Law
Deals more on private individuals and has nothing to do with the state or government
Civil Law
- Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith (Human Relations)
- Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages (fraud, negligence, delays)
- In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that were the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted
LEGAL BASIS OF CIVIL LIABILITY
In cases of fraud, bad faith, malice, or wanton (improper) attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation
LEGAL BASIS OF CIVIL LIABILITY
extinguished in the same manner as other obligations
EXTINCTION OF CIVIL LIABILITY
the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence, or any other reason
Obligation to Satisfy Civil Liability
In short, persons with criminal offenses shall still pay civil liability after serving time in imprisonment
Obligation to Satisfy Civil Liability
forgiveness of a criminal offense granted by the head of the state or President; amnesty is before judgment, pardon is after judgment;
civil liability is still present
Amnesty/Pardon
A juridical necessity to give, to do, or not to do
OBLIGATIONS
- Obligations arising 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
Law
- Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith
- stipulations of the contract by the parties must not be contrary to law, morality, good customs, public order, and public policy
Contracts
- deals with what is right and what is wrong
- Norms of good and right conduct
- Governs the private personal interactions of people
Morality
governs the professional interactions of people
Ethics
generally accepted principles of morality which have received some social and practical recognition in the community for so long
Good Customs
the safety and order of the community in order to maintain peace; examples are obeying traffic rules
Public Order
- a good ________ seeks to define issues and implement strategies to produce positive results for the general public
- System of law or regulatory measures to make the society lead a better life and to maintain delivery of goods and services
Public Policy
“no one shall be unjustly enriched or benefited at the expense of another”
Quasi-contracts
giving rise to an obligation to deliver a thing or render a service
Quasi-contracts
A presumptive consent as basis of quasi-contract giving rise to an obligation to deliver a thing or render a service
Quasi-contracts
also termed as solutio indebita
Quasi-contracts
Every person criminally liable for a felony is also civilly liable and therefore becomes obligated to the person he has wronged
Acts or Omissions Punishable by Law (Delicts)
Whoever by act of omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done
Quasi-Delicts (TORTS)
Such fault or negligence, if there is no pre-existing contractual relation between the parties
Quasi-Delicts (TORTS)
Dental negligence falls under this category, wherein there is
no intent but still caused damage
Quasi-Delicts (TORTS)
- The performance of this obligation does not depend upon a condition
- Is demandable at once
Example: patient’s payment to dental service
Pure Obligation
The acquisition/extinguishment of rights shall depend upon the happening of the event which constitutes the condition
Conditional Obligation
that which gives birth to the obligation; obligation happens only upon the happening of this event
Suspensive Condition
that which results to the loss or extinguishment of an obligation
Resolutory Condition
Obligations for whose fulfillment a certain day that has been fixed, shall be demandable only when that day comes
Obligation with a Period
- A person alternatively bound by different prestations shall completely perform one of them
- The creditor cannot be compelled to receive part of one and part of the other undertaking
- The right of choice belongs to the debtor unless it has been granted to the creditor
Alternative Obligations
“to each his own”; kaniya-kaniyan bayad; pro-rata, proportionate
Joint Obligations
“one for all, all for one”; joint and several, in solidum, individually and collectively, each will pay the whole value
Solidary Obligations
Obligations to give definite things and those which are not susceptible of partial performance
Indivisible Obligation
Delivery or performance is susceptible of division or partial performance
Divisible Obligation
- In obligations with a penal clause, the penalty shall substitute the indemnity for damages
- Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation
. Obligations with a Penal Clause
an accessory obligation to assume the responsibility if there is non-performance
Penal Clause
one which gives a right of action to compel their performance; all contracts are civil obligations
Civil Obligations
- not based on positive law but on equity and natural law
- Do not grant a right of action to enforce its performance
- Voluntary
Natural Obligations
means the realization of the purpose of the obligation
PERFORMANCE OF AN OBLIGATION
In the obligation “to give”, there is performance upon the delivery of the thing itself, and if the thing to deliver is a specific thing, the obligee has the right to compel the obligor to deliver no other than the specific thing
PERFORMANCE OF AN OBLIGATION
In the prestation “to do”, if a person obliged to do something fails to do it, it shall be executed at his cost
PERFORMANCE OF AN OBLIGATION
CAUSES OF NON-PERFORMANCE OF OBLIGATION
- Voluntary Non-performance of Obligation
- Involuntary Non-performance or Non-performance due to Fortuitious events or Force Majeure (acts of God)
events which could not be foreseen, or which though foreseen, were inevitable
Fortuitious events
acts of God like natural disasters (flood, typhoon, landslide, etc.)
Force Majeure
REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS
- The cause of the event must be something beyond the control of man i.e. earthquake
- Must not be foreseen, or even if foreseen, is inevitable i.e., typhoon, fire
- Because of the occurrence of this event, the debtor is rendered helpless or incapable of performing his obligation in a normal way
- Obligor or debtor must not have been guilty of contributory negligence and must not have participated in the aggravation of the damage done
Delay in Obligation
- Time of delivery or time of service is the controlling motive of the contract
- Demand would be useless
- In this case, fortuitious event is not an excuse
- Delay = damage
Reciprocal Obligation
- Both parties have obligations to perform
- Neither party incur in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him
- From the moment one of the parties fulfills his obligations, delay by the other begins
after payment, obligation is extinguished
By Payment or Performance
if the thing due is lost due to fortuitious event, it is not your negligence
By the Loss of the Thing due
- condonation or remission is essentially gratuitous, and requires the acceptance by the obligor
- It may be made expressly or impliedly
- Express condonation requires the compliance with forms of donations
- Basically means to forgive or to forget debt
By the Condonation or Remission of the Deb
- The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person
- The enforcement of the obligation becomes impossible
By the Confusion or Merger of the Rights of Creditor and Debtor
shall take place when two persons, in their own right, are creditors and debtors to each other
By Compensation
a juridical act of dual function in that at the time it extinguishes an obligation, it creates a new one in lieu of the old
Novation
Obligations may be modified by:
- Changing the object or principal conditions of an obligation
- Changing the parties
