HO_02 Flashcards
The body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and particular contracts.
Law on Obligations and Contracts
It is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something (giving, doing, or not doing)
Obligation
Under our system of law, where is the law on obligations and contract found?
New Civil Code
The topics pertaining to Obligations are contained in Articles _________
1156-1304
The topics pertaining to Contracts are contained in Articles
1305-1422
The backbone of the Law on Sales, Agency,
Partnership, Barter etc.
Obligations and Contracts
Article ____. An obligation is a juridical necessity to give, to do, or not to do.
Article 1156
What is a juridical necessity and what does it imply?
It basically means that in case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment.
Essential requisites of an obligation
Passive subject
Active subject
Object or prestation
Juridical tie or Legal tie
The act or performance which the law will enforce.
Obligation
The power which a person has under the
law, to demand from another any prestation/object.
Right
An act or omission of one party in violation of the legal right or rights of another, causing injury to the latter.
Wrong (cause of action)
Kind of Obligations according to subject matter:
Real obligation (Obligation to give)
Personal obligation (Obligation to do or not to do)
- Positive personal
- Negative personal