Law Part 1 Flashcards
What is Article 1156?
An obligation is a Juridical necessity to give, to do or not to do
What Article gives the definition of obligation?
Article 1156
The term obligation is derived from the latin term?
Obligatio which means tying or binding
Why is Obligation a Judicial necessity?
Its so in the case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce the economic value it represents.
In English, its so that when you get screwed, you can sue the debtor liable for damages and you can make the courts enforce it.
What are obligations that give to the creditor a right under the law to enforce their performance in courts of justice.
Civil Obligations
What is the difference between Civil Obligations and Natural Obligations
Natural Obligations do not grant a right of action to enforce their performance, although in case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof.
BASICALLY
You can’t enforce a natural obligation, but in the event you pay up your obligations, you cannot just say I changed my mind and get it back
What are the 4 essential prerequisites of an obligation?
- A passive subject (Debtor or Obligator) - Person with the obligation
- An active subject (Creditor or Obligee) - Person entitled to demand the fulfillment of the obligation
- Object or Prestation (Subject of the Obligation) -
- A Juridical or Legal tie (Efficient Cause) - this is what binds the contract, can be easily determined by finding the source of the contract
This prerequisite of an obligation refers to the specific thing, act, or service that the obligor (the person who is bound by the obligation) is required to give, do, or refrain from doing for the obligee (the person to whom the obligation is owed).
- Object or Prestation
This refers to the manner in which an obligation is manifested or incurred.
Forms of an obligation
Could be oral, written, partly either
What is Article 1356
Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present.
What are the 2 rules in the forms of obligations
- Article 1356 - basically contracts don’t require a specific format or even form to be valid, that’s why oral contracts are still contracts (given there is a witness). There are some exceptions though
- Article 1157 - contracts that come from other sources have no form
What is the difference between obligation, right, and wrong
- Obligation is the act or performance which the law will enforce
- Right is the power a person has under the law to demand from another any prestation (action)
- Wrong legally is an act or omission of one party in violation of legal rights of another
In law this term is also used to refer to the wrongful violation of the legal right of another
Injury
What are the essential elements of a legal wrong or injury (Skippable Question)
- A legal right
- A correlative legal obligation
- An act or omission by the latter in violation of said right with resulting injury or damage to the former.
What are the 2 kinds of obligations?
- Real Obligation (Obligation to give) - The subject matter is someone must deliver something to the obligee.
- Personal Obligation (Obligation to/not to do) - The subject matter is an act to do or not to do
What are the 2 types of Personal Obligations
- Positive - To do or render service
Ex: Repairing a Piano - Negative - To not do (includes not giving)
Ex: Not building something on land that someone owns