Law Part 1

Question 1

What is Article 1156?

Answer 1

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

Question 2

What Article gives the definition of obligation?

Answer 2

Article 1156

Question 3

The term obligation is derived from the latin term?

Answer 3

Obligatio which means tying or binding

Question 4

Why is Obligation a Judicial necessity?

Answer 4

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.

Question 5

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

Answer 5

Civil Obligations

Question 6

What is the difference between Civil Obligations and Natural Obligations

Answer 6

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

Question 6

What are the 4 essential prerequisites of an obligation?

Answer 6

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

Question 7

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).

Answer 7

3. Object or Prestation

Question 7

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

Answer 7

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

Question 7

What is Article 1356

Answer 7

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

Question 8

What are the 2 rules in the forms of obligations

Answer 8

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

Question 9

What is the difference between obligation, right, and wrong

Answer 9

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

Question 10

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

Answer 10

Injury

Question 11

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

Answer 11

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.

Question 12

What are the 2 kinds of obligations?

Answer 12

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

Question 13

What are the 2 types of Personal Obligations

Answer 13

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

Question 14

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

Answer 14

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

Question 15

This source of obligation is imposed by Law

Answer 15

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

Question 16

This source of obligation arises from the stipulation of the parties

Answer 16

2. Contracts
   Ex: Paying a loan

Question 16

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

Answer 16

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

Question 17

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

Answer 17

3. 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

Question 18

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

Answer 18

5. 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

Question 19

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

Answer 19

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.

Question 20

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

Answer 20

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

Question 21

What is article 1158

Answer 21

-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

Question 22

What is article 1159

Answer 22

-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

Question 23

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

Answer 23

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

Question 24

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

Answer 24

Might appear in T/F

Question 25

What does compliance in good faith mean?

Answer 25

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.

Question 26

What is article 1160 about?

Answer 26

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

Question 27

What are the 3 kinds of quasi contracts?

Answer 27

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)

Question 28

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

Answer 28

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.

Question 29

What is Article 1161 all about?

Answer 29

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

Question 29

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.

Answer 29

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

Question 30

What is the difference between Contract and Quasi Contract

Answer 30

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.

Question 31

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

Answer 31

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

Question 32

The scope of Civil Liability includes?

Answer 32

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

Question 33

What is Article 1162 all about?

Answer 33

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

Question 34

What are the 5 requisites of a quasi delict?

Answer 34

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

Question 35

What is a tortfeasor

Answer 35

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