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Second Year > Law Part 1 > Flashcards

Law Part 1 Flashcards

1
Q

What is Article 1156?

A

An obligation is a Juridical necessity to give, to do or not to do

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2
Q

What Article gives the definition of obligation?

A

Article 1156

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3
Q

The term obligation is derived from the latin term?

A

Obligatio which means tying or binding

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4
Q

Why is Obligation a Judicial necessity?

A

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.

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5
Q

What are obligations that give to the creditor a right under the law to enforce their performance in courts of justice.

A

Civil Obligations

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6
Q

What is the difference between Civil Obligations and Natural Obligations

A

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

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6
Q

What are the 4 essential prerequisites of an obligation?

A
  1. A passive subject (Debtor or Obligator) - Person with the obligation
  2. An active subject (Creditor or Obligee) - Person entitled to demand the fulfillment of the obligation
  3. Object or Prestation (Subject of the Obligation) -
  4. A Juridical or Legal tie (Efficient Cause) - this is what binds the contract, can be easily determined by finding the source of the contract
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7
Q

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).

A
  1. Object or Prestation
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7
Q

This refers to the manner in which an obligation is manifested or incurred.

A

Forms of an obligation
Could be oral, written, partly either

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7
Q

What is Article 1356

A

Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present.

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8
Q

What are the 2 rules in the forms of obligations

A
  1. 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
  2. Article 1157 - contracts that come from other sources have no form
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9
Q

What is the difference between obligation, right, and wrong

A
  1. Obligation is the act or performance which the law will enforce
  2. Right is the power a person has under the law to demand from another any prestation (action)
  3. Wrong legally is an act or omission of one party in violation of legal rights of another
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10
Q

In law this term is also used to refer to the wrongful violation of the legal right of another

A

Injury

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11
Q

What are the essential elements of a legal wrong or injury (Skippable Question)

A
  1. A legal right
  2. A correlative legal obligation
  3. An act or omission by the latter in violation of said right with resulting injury or damage to the former.
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12
Q

What are the 2 kinds of obligations?

A
  1. Real Obligation (Obligation to give) - The subject matter is someone must deliver something to the obligee.
  2. Personal Obligation (Obligation to/not to do) - The subject matter is an act to do or not to do
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13
Q

What are the 2 types of Personal Obligations

A
  1. Positive - To do or render service
    Ex: Repairing a Piano
  2. Negative - To not do (includes not giving)
    Ex: Not building something on land that someone owns
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14
Q

According to article 1157, Obligations arise from? (5 things)

A
  1. Law
  2. Contracts
  3. Quasi Contracts
  4. Acts or Omissions punished by law
  5. Quasi-Delicts
15
Q

This source of obligation is imposed by Law

A
  1. Law
    Ex: Paying taxes, or supporting the homies
16
Q

This source of obligation arises from the stipulation of the parties

A
  1. Contracts
    Ex: Paying a loan
16
Q

This source of obligation arises from civil liability which is the consequence of criminal offence

A
  1. Acts or Omissions punished by law
    Ex: Thieves have the obligation to return what they stole, or killer is obligated to compensate those harmed
17
Q

This source of obligation arises from lawful voluntary and unilateral acts which are enforceable to the end that no unjustness happens and no one benefits at the expense of another

A
  1. Quasi Contracts
    Quasi contracts in normal speak is just implied contracts that are recognized by the court
    Ex: Obligation to return extra sukli na namali pag hatag
18
Q

This source of obligation arises from damage cause to another through an act or omission, there is fault or negligence but no contractual relation exists between the parties

A
  1. Quasi Delict or Tort
    Basically its quasi contract but for criminal liability, the difference being Quasi delict is no contractual relation for wrong acts
    Ex: You have an obligation to pay for damages your pet causes
19
Q

“There is no obligation as defined in article 1156 if its source is not any of those enumerated in article 1157”

A

Might appear in true or false
It means that if the source isn’t part of those in article 1157, that obligation is not recognized by law as a juridical necessity, and therefore, it is not legally enforceable.

20
Q

What are the classifications of the sources of obligations according to law.

A
  1. Those emanating from law
  2. Those that emanate from private acts which are divided into
    2a. Licit acts (Contracts and Quasi Contracts)
    2b. Illicit acts which are either punishable if delict or crimes, or non punishable if quasi delict or tort

In actuality there are only 2 sources of obligation which are Law and Contracts because everything else (3-5) is imposed by law

21
Q

What is article 1158

A

-Obligations from the law are not presumed, only those expressly determined in this code or special laws are demandable
-Under this article, special laws refer to laws not contained in the civil code, like corporation code, insurance code, labor code, and so many others.

Basically you can only demand the obligations that are expressly determined, and those derived from the law are not presumed

22
Q

What is article 1159

A

-Obligations that arise from contracts have the force of law between the parties and should be compelled within good faith

Basically obligations that come from contracts have the power of law so fulfill it

23
Q

This is a meeting of minds between 2 or more persons whereby one binds himself with respect to the other to give something or render service

A

Contract:
Parts are
1. Binding Force
2. Requirement of valid contract (its invalid or void if it is contrary to law, morals, good customs, public order, public policy)
3. Breach of contract

24
Q

In the eyes of law a void contract does not exist.
A contract may also be valid, but cannot be enforced, this is true in the case of unenforceable contracts

A

Might appear in T/F

25
Q

What does compliance in good faith mean?

A

Compliance or performance in accordance with the stipulations or terms of the contract or agreement.
Non compliance by a party with his legitimate obligations after receiving the benefits of a contract would constitute as unjust enrichment.

Although a contract provides no penalty upon its violation, a party cannot breach it with impunity (party isn’t exempt from punishment). The oppressed party is afforded remedies to protect their rights.

26
Q

What is article 1160 about?

A

It is about Quasi Contracts
-Obligations derived from quasi contracts, shall be subject to the provisions of chapter 1, title XVII of this Book

The tl;dr is its all about making sure no one is unjustly enriched from obligations, cuz while quasi contracts are voluntary and have no consent, the law still considers them to have entered a contract even if they didn’t actually do so

27
Q

What are the 3 kinds of quasi contracts?

A
  1. Negotiorum Gestio (You voluntarily helped out so you are entitled to reimbursement for your efforts)
  2. Solutio Indebiti (You accidentally paid what you shouldn’t so you are entitled to get it back)
  3. Other examples provided in article 2164-2175 of the civil code (Quasi contracts have an infinite variety)
28
Q

This type of quasi contract is the voluntary management of the property or affairs of another without the consent of the latter

A

Negotiorum Gestio
-Person helping out is called the gestio

Ex: If ur neighbor house on fire and you spend money to get load to call fire department, ur neighbor has an obligation to reimburse the expense you spent on load even if ur neighbor didn’t consent to shit.

29
Q

What is Article 1161 all about?

A

Civil Obligations arising from criminal offences 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.

Basically it refers to the Delict source of Obligations

29
Q

This type of quasi contract is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.

A

Solutio Indebiti (Ibalik ang extra na sukli)
-This is the principle that no one shall enrich himself at the expense of another
The prerequisites are
1. There is no right to receive the thing delivered
2. The thing was delivered through mistake

30
Q

What is the difference between Contract and Quasi Contract

A

Contract is a meeting of the mind or consent
Quasi Contract has no consent but the law considers the parties as having entered the contract to prevent the injustice or unjust enrichment at the expense of another.

31
Q

What are the 3 kinds of civil liabilities that arise from crimes or delicts?

A
  1. Civil Liability in addition to Criminal Liability
    -You do both moral and material damage
  2. Criminal Liability without Civil Liability
    -There is no Civil liability to enforce since there is criminal offence but no material damage.
    Ex: Insulting people of authority
  3. Civil Liability without Criminal Liability
    -Even if ur not criminally liable, you can be liable civilly. (Make sure you don’t have malicious intent)
    Ex: Forgetting to pay rent
32
Q

The scope of Civil Liability includes?

A
  1. Restitution
    -Return or restore what you did
  2. Reparations for Damage Caused
    -Pay for any damages caused to the car or with the car
  3. Indemnification for consequential damages
    -To pay such other damages suffered by the person you stole the car from
33
Q

What is Article 1162 all about?

A

Obligations derived from quasi delicts shall be governed by the provisions of chapter 2, title XVII of this book, and special provisions

34
Q

What are the 5 requisites of a quasi delict?

A
  1. There must be an act or omission
  2. There must be fault or negligence
  3. There must be damage caused
  4. There must be a direct relation or connection of cause and effect between the act or omission and the damage
  5. There must be no pre existing contractual relationship between the 2 parties
35
Q

What is a tortfeasor

A

If tort is an act, the tortfeasor is a person committing a tort

Second Year (16 decks)

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