General Provision Flashcards

1
Q

Obligation – A juridical necessity to give, to do, or not to do something.

Key Point: Obligations are legally enforceable duties that compel a person to act or refrain from acting in a specific way.

A

Article 1156

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2
Q

What is an obligation?

A

A legal necessity to give, to do, or not to do something.

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3
Q

A obligation is a ____because in case of noncompliance the court of justice may be call upon.

A

Juridical Necessity

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4
Q

Essential Requisite of an obligation

A

Active Subject (Creditor)
Passive Subject (Debitor)
Object or Presentation (Subject Matter)
Juridical or Legal tie ( bind of contract)

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5
Q

Kinds of obligation according to subject matter

A

Real Obligation (to give)
Personal Obligation (to do or not to do)
Positive (to do)
Negative (not to do)

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6
Q

Sources of Obligations:
Law, Contracts, Quasi-contracts
Delicts (Crimes)
Quasi-delicts (Negligence)
Key Point: There are five sources from which obligations can arise, including from the law itself and from agreements or wrongdoings.

A

Article 1157

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7
Q

What are the sources of obligations?

A

Law, Contracts, Quasi-contracts, Delicts(crime), Quasi-Delicts

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8
Q

Obligations from Law – Obligations derived from law are not presumed and must be expressly stated.
Key Point: You can’t assume there’s an obligation unless it is clearly stated in a law.

A

Article 1158

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9
Q

Can obligations from law be presumed?

A

No, they must be expressly provided

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10
Q

Obligations from Contracts – Contracts have the force of law between the parties and must be performed in good faith.
Key Point: Agreements between parties are binding and enforceable like laws.

A

Article 1159

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11
Q

What is the effect of contracts between parties?

A

They have the force of law and must be performed in good faith.

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12
Q

Obligations from Quasi-Contracts – Obligations that arise without an agreement, but by a lawful and voluntary act, with the aim of avoiding unjust enrichment.
Key Point: Even without a contract, certain acts create obligations to prevent unfair advantage.

A

Article 1160

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13
Q

Principal Kinds of Quasi Contracts are?

A

Negotiorum gestio- voluntary work without the content of the latter

Solutio indebiti- thing was deliver through mistake, unjustly enrichment

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14
Q

What are quasi-contracts?

A

Obligations arising from lawful, voluntary acts to avoid unjust enrichment.

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15
Q

Obligations from Crimes (Delicts) – Civil obligations arise from criminal offenses.
Key Point: Crimes create civil liabilities, meaning the offender owes something to the victim.

A

Article 1161

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16
Q

What obligations arise from crimes?

A

Civil obligations to repair the harm caused.

17
Q

Obligations from Quasi-Delicts – Obligations arise from damages caused by negligence or fault, even without a prior relationship between the parties.
Key Point: You can be held responsible for harm you caused through carelessness, even without a contract or crime.

A

Article 1162

18
Q

What is a quasi-delict?

A

An obligation arising from damages caused by negligence or fault.

19
Q

Anna borrows money from Ben. Anna is obligated to pay Ben back the amount she borrowed by the agreed date. This obligation is enforceable by law.

A

Article 1156: Obligation
An obligation is a duty to do something.

20
Q

Example:
The law requires businesses to provide employees with health insurance. A company cannot claim ignorance or refuse to follow this obligation because it is explicitly required by labor laws.

A

Article 1158: Obligations from Law

21
Q

Example:
Sarah signs a contract to deliver 100 chairs to a restaurant by October 1st. She is legally bound to fulfill this obligation in good faith. If she fails to deliver the chairs on time, she can be held liable for breach of contract.

A

Article 1159: Obligations from Contracts

22
Q

Example:
Leo finds Tim’s lost wallet and decides to return it. In this case, Leo can claim reimbursement for reasonable expenses incurred while returning the wallet (like transportation costs). Tim is obligated to pay him back, even though they had no contract.

A

Article 1160: Obligations from Quasi-Contracts

23
Q

After Carl is convicted of stealing Paul’s laptop, Carl is not only criminally liable but also civilly liable. He must return the laptop or pay its equivalent value as compensation.

A

Article 1161: Obligations from Crimes (Delicts)

24
Q

Example:
A delivery driver, while texting, hits someone’s parked car. Even though the driver did not intend to cause harm, their negligence resulted in damage, and they are obligated to pay for the car repairs under quasi-delict.

A

Article 1162: Obligations from Quasi-Delicts (Negligence)