General Provisions Flashcards
Article 1156
An obligation is a juridical necessity to give, to do, or not to do
includes all kinds of work or service
to do
a prestation which consists in the delivery of a movable or an immovable thing in order to create a real right, or for the use of the recipient, or for its simple possession, or in order to return it to its owner
to give
a claim or title to an interest in anything whatsoever that is enforceable by law
a power, privilege, or immunity guaranteed under a constitution, statute or decision law
right
a juridical relation whereby a person may demand from another the observance of a determative conduct, and in case of breach, may demand satisfaction from the assets of the latter
obligation
to give
real obligation
“to do”
personal obligation
if non compliance, the consequence is called
legal liability
is one which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong
civil action
the act or omission by which a party violates a right of another
cause of action
contains the written statements alleging the plaintiff’s claim or cause or causes of action
it is the initial written statement that starts a civil action
it describes what happened and why the plaintiff is filing the case
it identifies the legal reason/s why the defendant (the person being sued) is responsible
complaint
- The legal right of the plaintiff
- The correlative obligation of the defendant
- The act or omission by the defendant in violation of said legal right
if these elements are absent, the complaint becomes vulnerable to dismissal on the ground of failure to state a cause of action
complaint in relation to cause of action
the party who brings a civil suit in a court of law
he is the person who files the complaint in court
plaintiff
a person sued in a civil proceeding
he is the person who will be required to answer the complaint in court
defendant
obligation of the debtor or obligor to deliver a thing, movable or immovable to the creditor or obligee for the purpose of transferring ownership or for the use or possession of the recipient
obligation to give
real obligation
kinds of real obligation
determinate or specific and indeterminate or generic
it is particularly designated or physically segregated from all others of the same class (art 1460)
identified by individuality
it cannot be substituted by another without the consent of the obligee
example: the obligation to deliver a car with plate number ABC123
specific or determinate thing
it is designated merely by its class or genus without any particular designation or physical segregation from all others of the same class
classified according to its group
can be substituted by any object of the same class and same kind. if the thing is lost or damaged, it will not affect the obligation because the debtor/obligor may substitute it with another of the same class
example: the obligation to deliver five tables
generic or indeterminate thing
this is the obligation of the debtor or obligor to perform some work or service for the creditor or obligee
obligation to do
example: the obligation of X to repair the bicycle of Y
positive personal obligation
this is the obligation of the debtor or obligor not to perform some act in favor of the creditor or obligee
obligation not to do
example: the obligation not to construct an extension on a house as per agreement in a contract
negative personal obligation
essential elements/requisites of an obligation
- passive subject
- active subject
- object
- legal tie or juridical tie
the person from whom the obligation is juridically demandable
he is the person who has the obligation to give, to do, or not to do
the one who needs to comply with the obligation
obligor/debtor
passive subject
the person who has the right to demand the fulfillment of the obligation
he is the person who has the right to demand compliance of the obligation to give, to do, or not to do
obligee/creditor
active subject
the fact, prestation, or service
it is the particular conduct of the debtor or obligor which may consist in giving, doing, or not doing something
subject matter of the obligation
object
the object of an obligation, and it is the conduct required by the parties to do or not to do, or to give
prestation
it is the source of obligation which binds the parties
it is which creates the relation between the passing subject or obligor and the active subject or obligee
legal tie or juridical tie or efficient cause or vinculum juris
article 1157
Obligations arise from:
1. law;
2. contract;
3. quasi-contracts;
4. acts or omissions punished by law;
5. quasi-delicts
a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit
obligations created by law
never presumed
examples:
• the duty to pay taxes under the national internal revenue or the local government code
• the obligation to support one’s family under the family code of the philippines
law
meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service (article 1305)
agreement
offer + acceptance
written or oral
contract
items/things that can be transported or moved from one place to another
e.g., car, phone, money
movable things
cannot be moved because they are permanently attached to the ground
e.g., land, buildings
immovable things
covers the period from the time the prospective contracting parties indicate interest in the contract to the time the contract is concluded (perfected)
negotiation
takes place upon the concurrence of the essential elements thereof
when the parties agree on its essential elements: consent, a lawful object, and a lawful cause, making it legally binding.
perfection
begins when the parties perform their respective undertakings under the contract culminating in the extinguishment thereof
consummation
provides that obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith
article 1159
the negligence in the performance of a contract
the mere proof of the existence of the contract and the failure of its compliance justify, prima facie, a corresponding right of relief
culpa contractual
“as if”
quasi
lawful, unilateral, voluntary acts give rise to an obligation; no one shall be unjustly enriched or benefited at the expense of another person (article 2142)
no actual contract. no formal agreement
one party voluntarily does something that benefits the other
the law treats it as if there is a contract
quasi-contract
kinds of quasi-contracts
negotiorum gestio and solutio indebiti
the voluntary management of the property of another person without the knowledge or consent of the other person
the person whose property was managed by another will have the obligation to reimburse the managing person any necessary and useful amount that he might have incurred in managing the property including damages if any
managing someone’s property or business without permission
the property should be abandoned
article 2144
negotiorum gestio
if something is received (like money or property) when there is no right to demand it, and it was unduly through mistake, the obligation to return it arises (art 2154)
the law creates an obligation for the receiver to return what was unduly given
when a person received something when he has no right to receive such thing like when it was delivered to him by mistake. here, the obligation to return the thing to its rightful owner is formed
prove:
- the absence of a right to collect the excess sums; and
- the payment was made by mistake
solutio indebiti
acts or omissions punished by law
delict
when there is no negotiorum gestio
- when the property is not neglected or abandoned
- if the manager has been tacitly authorized by the owner
a violation of the law
obligations may also be derived from crimes
every person criminally liable for a felony is also civilly liable
acts or omissions punished by law
civil liabilities in delict
- restitution
- reparation of the damage caused
- indemnification for consequential damages
Refers to the harm, injury, or loss suffered by a person or property. It is the actual harm caused.
damage
Refers to the monetary compensation awarded to a party for the harm or loss suffered due to another’s actions. It is a legal remedy.
damages
damage caused by negligence gives rise to an obligation to pay for the damage done
“tort”
requisites:
1. there must be an act or omission
2. there must be fault or negligence
3. there must be damaged cause
4 the act or omission must be the direct cause of the damage
5. there is no existing contractual relation between the parties
quasi-delict or quasi ex-delicto
kinds of negligence
culpa aquiliana or quasi-delic, culpa contractual, and culpa criminal
this is negligence resulting from the failure to observe the required diligence which causes damage to another person
culpa aquiliana or quasi-delict
this is negligence in the performance of a pre-existing contract
culpa contractual
both civil negligence
culpa aquiliana and culpa contractual
this is also known as criminal negligence
this is negligence which results in the commission of a crime
culpa criminal
failure to exert care or diligence
careless
negligence
wrong committed against the state
criminal intent is necessary for the existence of liability, as a rule
applicable only when there is a penal law penalizing it
requires proof beyond reasonable doubt
employer’s liability is subsidiary
delict
wrong committed against a person
criminal intent is not necessary
actionable in any act or omission wherein fault or negligence intervenes
requires preponderance of evidence
employer’s liability is primary
quasi-delict
in a real obligation, the debtor/obligor has the duty to take care of the thing before delivery with the due diligence of a good father of a family unless the law or stipulation of the parties requires another standard of care
duties of the obligor: in an obligation to deliver a SPECIFIC THING
care of a good father of a family
taking care of the thing as if it was yours
ordinary diligence
