M1U2 Flashcards
Art. 1156?
An obligation is a juridical necessity to give, to do or not to do.
Obligation comes from the Latin word
Obligatio
obligatio means?
tying or binding
Obligation is a juridical necessity to?
To give, to do, or not to do
Obligations that give to the creditor or obligee a right under the law to enforce their performance in courts of justice.
Civil Obligation
Obligations that do not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor
Natural Obligation
Essential Requisites of an Obligation?
Passive Subject
Active Subject
Object or prestation
Juridical or legal tie
Passive subject
debtor or obligor
Active subject
creditor or obligee
subject matter of the obligation
Object or prestation
the act or performance that the law will enforce
Obligation
the power that a person has under the law, to demand from another any prestation
Right
an act or omission in violation of the legal right or rights of another
Wrong (cause of action)
Kinds of Obligations According to Subject Matter?
Real Obligation
Personal Obligation
obligation to give?
Real obligation
the subject matter is a thing that the obligor must deliver to the obligee.
Real obligation
Two Kinds of Real Obligation?
Generic & Specific Real Obligation
to give a generic or indeterminate object
Generic Real Obligation
to give a specific or determinate object
Specific Real Obligation
obligation to do or not to do?
Personal obligation
the subject matter is an act to be done or not to be done.
Personal obligation
Two Kinds of Personal Obligation?
Positive and Negative Personal Obligation
obligation to do or to render service
Positive personal obligation
obligation not to do
Negative personal obligation
Sources of Obligations
- Law;
- Contracts;
- Quasi-contracts;
- Acts or omissions punished by law; and
- Quasi-delicts
obligations imposed by law itself.
Law
obligations arising from the stipulation of the parties
Contracts
obligations arising from lawful, voluntary, and unilateral acts that are enforceable so that no person shall be unjustly enriched or benefited at the expense of another
Quasi-contracts
obligations arising from civil liability as a consequence of a criminal offense
Crimes or acts or omissions punished by law
obligations arising from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties.
Quasi-delicts or torts
Obligations derived from law are not presumed. Only those expressly determined in the Civil Code or in special laws are demandable.
Legal Obligations
Art. 1157
Sources of Obligation
Art. 1158?
Obligations derived from law
those not contained in the Civil Code
Special laws
Revised Penal Code, National Internal Revenue Code, Securities Regulation Code, Revised Corporation Code, Negotiable Instruments Law, Insurance Code, Labor Code, is an example of?
Special laws
Art. 1160?
Obligations arising from quasi-contracts
Kinds of Quasi-contracts?
Negotiorum gestio
Solutio indebiti
the voluntary management of the property or affairs of another without the knowledge or consent of the latter
Negotiorum gestio
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
Solutio indebiti
Art. 1161?
Obligations arising from crimes
a person who is criminally liable is also
civilly liable
Art. 1162?
Obligations arising from quasi-delict
There is malice or intent.
Crime
There is only negligence, imprudence, lack of foresight or lack of skill.
Quasi-delict
Offender is criminally and civilly liable.
Crime
Offender is civilly liable only.
Quasi-delict
Purpose is to compensate the offended party for the damages sustained.
Quasi-delict
Purpose is to punish the offender.
Crime
