General Provision Flashcards
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.
Article 1156
What is an obligation?
A legal necessity to give, to do, or not to do something.
A obligation is a ____because in case of noncompliance the court of justice may be call upon.
Juridical Necessity
Essential Requisite of an obligation
Active Subject (Creditor)
Passive Subject (Debitor)
Object or Presentation (Subject Matter)
Juridical or Legal tie ( bind of contract)
Kinds of obligation according to subject matter
Real Obligation (to give)
Personal Obligation (to do or not to do)
Positive (to do)
Negative (not to do)
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.
Article 1157
What are the sources of obligations?
Law, Contracts, Quasi-contracts, Delicts(crime), Quasi-Delicts
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.
Article 1158
Can obligations from law be presumed?
No, they must be expressly provided
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.
Article 1159
What is the effect of contracts between parties?
They have the force of law and must be performed in good faith.
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.
Article 1160
Principal Kinds of Quasi Contracts are?
Negotiorum gestio- voluntary work without the content of the latter
Solutio indebiti- thing was deliver through mistake, unjustly enrichment
What are quasi-contracts?
Obligations arising from lawful, voluntary acts to avoid unjust enrichment.
Obligations from Crimes (Delicts) – Civil obligations arise from criminal offenses.
Key Point: Crimes create civil liabilities, meaning the offender owes something to the victim.
Article 1161