General Principles of Obligations

Question 1

Obligation

Answer 1

A juridical necessity to give, to do or not to do (Article 1156)

Question 2

Elements of an Obligation

Answer 2

1. Juridical Ties (vinculum juris)
2. Active Subject (obligee or creditor)
3. Passive Subject (obligor or debtor)
4. Prestation (to give, to do or not to do)
5. Form, as to some contracts

Question 3

Juridical Tie

Answer 3

Efficient cause or legal bond that ties the parties to an obligation.

Question 4

Active Subject

Answer 4

The party who has the interest in and can demand fulfillment of the obligation.

Question 5

Passive Subject

Answer 5

The party who is bound to fulfill the obligation and against whom the fulfillment of the obligation is juridically demandable in court.

Question 6

Prestation

Answer 6

The subject matter (object certain or subject matter) of an obligation.

Question 7

Form

Answer 7

The appearance or structure, in which the obligation is manifested.

Question 8

Sources of Obligations

Answer 8

1. Law
2. Contract
3. Quasi-Contract
4. Delict
5. Quasi-Delict

Question 9

Obligations arising from _____ are not presumed.

Answer 9

Law

Question 10

Key features of this source of obligations is LUV (lawful, unilateral and voluntary) acts by virtue of which the parties become bound to each other.

Answer 10

Quasi-contract

Question 11

A _____ is a meeting of the minds between 2 persons in which one binds himself, with respect to another, to give something or render some service.

Answer 11

Contract

Question 12

A criminal offense which gives rise to both criminal and civil liability.

Answer 12

Delict

Question 13

_________ is an act or omission that causes
damage to another, there being fault or
negligence, that results to damage/s, if there
is no pre-existing contractual relation
between the parties.

Answer 13

Quasi-delict

Question 14

A and B entered into a sale of a house and lot in Quezon City. A paid the purchase price and B promised to deliver on October 31, 2020. Determine the following:

1) Juridical Tie (source of obligation)
2) Active Subject
3) Passive Subject
4) Prestation

Answer 14

1) Contract
2) A
3) B
4) To give (to deliver the house and lot)

Question 15

True or False: Obligations not to give are included in obligations not to do.

Answer 15

True.

Question 16

Class of obligations that creates a juridical tie but is not enforceable in courts.

Answer 16

Natural Obligations

Question 17

Class of obligations without a juridical tie whatsoever

Answer 17

Moral Obligations

Question 18

Class of obligations that creates a juridical tie and is juridically enforceable in courts.

Answer 18

Civil Obligations

Question 19

Real Obligation

Answer 19

Obligation to deliver a thing to the obligee or creditor.

Question 20

Positive Personal Obligation

Answer 20

Obligation to do an act or to render some service.

Question 21

Negative Personal Obligation

Answer 21

Obligation not to do an act.

Question 22

A and B entered into a contract of sale of a house and lot. Under the contract, A will pay PHP1,000,000.00 and B will deliver the house and lot.

The obligation in this contract is UNILATERAL?

Answer 22

NO. Unilateral obligation is that in which only ONE of the parties is bound to perform.

The obligation is BILATERAL.

Question 23

An obligation to deliver a sports car is (divisible or indivisible)?

Answer 23

INDIVISIBLE.

Question 24

A borrowed PHP3,000,000.00 from B. As collateral, A executed a mortgage contract covering his house and lot to B.

Which is the principal obligation?

Answer 24

Loan Contract

Question 25

A borrowed PHP3,000,000.00 from B. As collateral, A executed a mortgage contract covering his house and lot to B. Which is the accessory obligation?

Answer 25

Mortgage Contract

Question 26

Pure Obligation

Answer 26

Obligation that is not subject to any condition or term, and is demandable immediately.

Question 27

Simple Obligation

Answer 27

Obligation having only one undertaking involved.

Question 28

Suspensive Condition

Answer 28

A condition, the happening of which results in the BIRTH of the obligation.

Question 29

Resolutory Condition

Answer 29

A condition, the happening of which results in the EXTINGUISHMENT or TERMINATION of an obligation.

Question 30

Obligation with a term

Answer 30

Obligation that is subject to a period.

Question 31

Determinate Thing

Answer 31

A thing that is particularly designated or physically segregated from all others of the same class.

Question 32

Generic or Indeterminate Thing

Answer 32

A thing that is only designated by its class or genus.

Question 33

Duties of the Obligor in Obligation to Deliver a Determinate Thing

Answer 33

1) To deliver the same thing subject of the obligation 2) To take care of the thing with the proper diligence of a good father of the family 3) To deliver all accessions and accessories, including fruits, of the thing 4) To be liable for damages in case of voluntary breach of obligation

Question 34

Duties of the Obligor in Obligation to Deliver a Generic Thing

Answer 34

1) To deliver a thing of same kind, quantity and quality | 2) To be liable for damages in case of voluntary breach of obligation

Question 35

Rights of Obligee in Obligation to Deliver a Determinate Thing

Answer 35

1) Right to the same thing subject of the obligation 2) Right to the fruits from the time the obligation to deliver arises 3) Right to compel the obligor to make the delivery 4) Right to demand for payment of damages in case of fraud, negligence or delay in the performance of obligation, or in case of contravention of the tenor of obligation on the part of the obligor

Question 36

Rights of Obligee in Obligation to Deliver a Generic Thing

Answer 36

1) Right to a thing of the same kind, quality and quantity 2) Right to compel the obligor to make the delivery of a thing of the same kind, quality and quantity 3) Right to ask that the obligation be complied with at the expense of the obligor 4) Right to demand for payment of damages in case of fraud, negligence or delay in the performance of obligation, or in case of contravention of the tenor of obligation on the part of the obligor

Question 37

Involuntary Servitude

Answer 37

The performance of an act or service against the will of the obligor. Prohibited under the 1987 Philippine Constitution. Thus, no specific performance in obligations to do.

Question 38

Remedies of Obligee in Obligations Not to Do

Answer 38

1) To compel that what has been done be undone at the expense of the obligor 2) To claim for damages for breach of obligation, in case undoing the act cannot be done

Question 39

Remedies of Obligee in Obligations to Do, if Debtor Fails to Comply

Answer 39

1) To have the obligation performed by himself or another, as a rule 2) To recover damages under Art. 1170

Question 40

Remedies of Obligee in Obligations to Do that are Done in Contravention of the Terms Agreed Upon or are Poorly Done

Answer 40

1) To have the obligation performed by himself or another, as a rule 2) To recover damages under Art. 1170 3) To go to the court which may order that what was poorly done may be undone