GENERAL PROVISIONS OF OBLIGATIONS

Question 1

What is an Obligation according to the civil code?

Answer 1

Under Art 1156 of the Civil Code, an obligation is a juridical necessity to give, to do, or not to do.

Question 2

What is the definition of Obligation acc to Arias Ramos?

Answer 2

An obligation is a juridical relation whereby a person called the creditor may demand from another called the debtor the observance of the determinative conduct ( the giving, doing or not doing) and in case of breach may demand satisfaction from the assets of the latter.

Question 3

What are the elements of an obligation?

Answer 3

1. The vinculum juris
2. The object w/c is the prestation or conduct required to be observed
3. The subject persons

Question 4

What are the sources of Obligations?

Answer 4

Under Art. 1157 of the Civil Code,Obligations arise from:

(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts

Question 5

What is Art.1158?

Answer 5

Article 1158.Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (1090)

Question 6

What is Art.1159?

Answer 6

Article 1159.Obligations arising from contracts have the force of law between the contracting partiesandshould be complied with in good faith.

Question 7

What is Art.1160?

Answer 7

Article 1160.Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. (n)

Question 7

What is Art.1160?

Answer 7

Article 1160.Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. (n)

Question 8

What is Art.1161 of the Civil Code?

Answer 8

Article 1161.Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.

Question 9

What is Art. 1162?

Answer 9

Article 1162.Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws.