Module 1 Flashcards
An obligation is a juridical necessity to give, to do or not to do.
Article 1156
It is a __________ __________ because in case of noncompliance, the aggrieved party can go to court to enforce fulfillment of the obligation and to compel the other party to give, to do or not to do
Juridical necessity
What are the 4 ESSENTIAL REQUISITES
Passive Subject
Active Subject
Object or Prestation
Juridical or Legal Tie
it is the person who has the duty to fulfill the obligation. is also called the debtor or the obligor.
PASSIVE SUBJECT
it is the person who is entitled to demand the fulfillment of the obligation. also called the creditor or obligee.
ACTIVE SUBJECT
It is the subject matter of the obligation.
OBJECT or PRESTATION
It is that which binds or connects the parties to the obligation. It is also called the efficient cause.
JURIDICAL or LEGAL TIE
The passive subject is also called the
debtor or the obligor
The active subject is also called the
creditor or obligee
JURIDICAL or LEGAL TIE is also called the
efficient cause
it is an obligation to give. It means that the debtor is bound to deliver the subject matter to the creditor
Real Obligation
REAL OBLIGATION it is an obligation __________. It means that the debtor is bound to deliver the subject matter to the creditor
to give
PERSONAL OBLIGATION - it is an obligation ___________. Here, the subject matter is an act to be done or not to be done.
to do or not to do
it is an obligation to do or not to do. Here, the subject matter is an act to be done or not to be done.
Personal Obligation
PERSONAL OBLIGATION - it is an obligation _______________. Here, the subject matter is an act to be done or not to be done.
to do or not to do
Give the 5 Sources of Obligation
(1) Law
(2) Contracts,
(3) Quasi-contracts,
(4) Acts or omissions punished by law
(5) Quasi-delicts
This Article suggest that obligations arise from Law, Contracts, Quasi-contracts, acts or omissions punished by law and Quasi-delicts
Article 1157
Obligation to pay taxes (under the National Internal Revenue Code or the Local Government Code) or the father’s obligation to support his family (under the Family Code) are examples of obligation derived from and imposed by this
Law
Obligation to pay an indebtedness by virtue of loan is an example of an obligation derived from this. The debtor is bound to pay his debt because he agreed to pay the loan as stipulated or stated in the this
Contracts
it means as if contract. It is like a contract but is actually not because it failed to secure the consent of the other party which is a necessary requisite for a valid contract.
Quasi-contract
2 kinds of quasi contracts
Solutio Indebiti
Negotiorum Gestio
it 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
Solutio Indebiti
it is the voluntary management of the property or affairs of another without the knowledge or consent of the latter.
Negotiorum Gestio
This is an obligation which arises from crimes or criminal offenses. This is also known as delicts, The thief has the obligation to return the car stolen by him and the convicted murderer has the obligation to indemnify the family of his victim
Acts or omissions punished by law
