DENTISTS AND CIVIL LIABILITY Flashcards by Dominique Jean Galang

Legal responsibility for the payment to an agreed third-party due to the violation of ___

civil law

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Liability imposed by the court against a person who violates the civil law

CIVIL LIABILITY

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law concerning individual relations, properties,
business, personal dealings, etc., and their interaction with each
other
 Deals more on private individuals and has nothing to do
with the state or government

Civil Law

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 Comes with monetary compensation instead of imprisonment
like in criminal law

CIVIL LIABILITY

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extinguished in the same manner as other obligations

Extinction of Civil Liability

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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

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persons with criminal offenses shall still pay civil
liability after serving time in imprisonment

Obligation to Satisfy Civil Liability

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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

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A juridical necessity to give, to do, or not to do

OBLIGATIONS

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SOURCES OF OBLIGATION:

Law
Contracts
Quasi-contracts
Acts or Omissions Punishable by Law (Delicts)
Quasi-Delicts (TORTS)

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 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

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 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

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 deals with what is right and what is wrong
 Norms of good and right conduct
 Governs the private personal interactions of
people

Morality

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governs the professional interactions of
people

Ethics

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generally accepted principles of morality which have received some social and practical recognition in the community for so long

Good Customs

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the safety and order of the community
in order to maintain peace; examples are obeying traffic
rules

Public Order

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System of law or regulatory measures to make the
society lead a better life and to maintain delivery
of goods and services

Public Policy

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“no one shall be unjustly enriched or benefited at the
expense of another”

Quasi-contracts

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giving rise to an obligation to deliver a thing or
render a service

presumptive consent

quasi-contract

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basis of quasi-contract giving rise
to an obligation to deliver a thing or render a service

presumptive consent

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A quasi-contract is also termed as

solutio indebita

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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)

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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

Dental negligence falls under this category, wherein there is no intent but still caused damage

quasi-delict

9 KINDS OF OBLIGATIONS

1. Pure Obligation 2. Conditional Obligation 3. Obligation with a Period 4. Alternative Obligations 5. Joint and Solidary Obligations 6. Divisible and Indivisible Obligations 7. Obligations with a Penal Clause 8. Civil Obligations 9. Natural Obligations

 The performance of this obligation **does not depend upon a condition**  **Is demandable at once**

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-kaniyang 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

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

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**  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  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

1. Voluntary Non-performance of Obligation 2. 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

General rule is no person shall be responsible for Fortuitious events which could not be foreseen, or which though foreseen, were inevitable, except in cases expressly specified by law, or when it is otherwise expressed in stipulation, or when the nature of the obligation requires assumption of risk

Involuntary Non-performance

REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS

1. The cause of the event must be something beyond the control of man i.e. earthquake 2. Must not be foreseen, or even if foreseen, is inevitable i.e., typhoon, fire 3. Because of the occurrence of this event, the debtor is rendered helpless or incapable of performing his obligation in a normal way 4. Obligor or debtor must not have been guilty of contributory negligence and must not have participated in the aggravation of the damage done

 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

Delay in 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

Reciprocal Obligation

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

By the Condonation or Remission of the Debt

requires the compliance with forms of donations

Express condonation

Basically means to forgive or to forget debt

By the Condonation or Remission of the Debt

 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

 Compensation shall take place when two persons, in their own right, are creditors and debtors to each other

By Compensation

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

6 EXTINGUISHMENT OF OBLIGATIONS

1. By Payment or Performance 2. By the Loss of the Thing due 3. By the Condonation or Remission of the Debt 4. By the Confusion or Merger of the Rights of Creditor and Debtor 5. By Compensation 6. By Novation

Obligations may be modified by:

 Changing the object or principal conditions of an obligation  Changing the parties