OBLICON Flashcards
Is a juridical necessity to give, to do, or not to do
Obligation
The court may be asked to order the performance of an obligation if the debtor refuses to perform it.
Juridical Necessity
Requisites of an
Obligation
- Active Subject (Creditor
- Passive Subject (Debtor)
- Prestation
- Efficient Cause
The party who is obliged to perform the obligation
Passive Subject (Debtor)
The party who has the right to demand performance.
. Active Subject (Creditor)
object or subject matter, may consist of giving, doing or not doing.
Prestation
Obligation arise from:
Any of the Five sources of an obligation:
a. Laws
b. Contracts
c. Quasi-contracts
d. Acts or omissions punished by law; and
e. Quasi-delicts
When they are imposed by law itself
Law
When they arise from stipulation of the parties
Contract
When they arise from civil liability which is the consequences of a criminal offense
Crimes of Acts ommisions punished by law
When they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another
Quasi-Contracts
When they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exist between the parties
Quasi-delict or torts
Voluntary management of the affairs of another.- the volunteer being entitled to the reimbursement of necessary or useful expenses.
Negotiorum gestio
The obligation to return the payment
made by mistake.
Solutio indebitti
Gives rise to criminal liabiity and civil liability restitution, reparation of the damage caused, and indemnification of consequential damages.
Delicts
Not enforceable by court action- driven by equity and moral justice such that if the debtor voluntarily performs it, he can no longer recover what he has given.
Natural Obligations
Acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relations between the parties.
Quasi-delicts (Tort)
