Obligation Flashcards
Art 1156
An obligation is a juridical necessity to give, to do or not to do.
obligation
2 definitions
it is a tie in law or a juridical bond by virtue of which one is bound in favor of another to render something - and this may consist in giving a thing, doing certain acts or not doing a certain act.
a legal relation established between one party and another, whereby the latter is bound to the fulfillment of a presentation which the former may demand of him.
-Manresa
$1. Concept of Obligation
Obligation has been defined in various ways- depending on
the aspect in which the writer views its nature. The Institutes of
Justinian, for example, emphasizes on the vinculum or tie between
the parties and defines the concept as “a tie of law which binds
us, according to the rules of our civil law, to render something.”
Manresa, on the other hand, defines obligation from the viewpoint
of the legal relation. He defines it as a legal relation between one
person and another, who is bound to the fulfillment of a prestation
which the former may demand of him.”2 The definition given by
Sanchez Roman, however, emphasizes on the duty of the obligor
and the necessity of his compliance. He defines it as the juridical
necessity to comply with a prestation.”3
meaning of juridical necessity
an obligation is a juridical necessity because in case of non-compliance, the courts of justice may be called upon to enforce its fulfillment or, in default thereof, the economic value that it represents.
civil and natural obligation
civil obligation - based on law, contracts, quasi-contracts, delicts and quasi-delicts,
- can be enforced in Courts because the obligee has the right of action
natural obligation - based on equity or natural law
- do not grant the right of action to enforce
essential requisites of an obligation
- passive subject - debtor or obligor
the person who is bound to the fulfillment of the obligation. - active subject - the person who is entitled to demand the fulfillment of the obligation
- Object or prestation - the conduct required to be observed by the debtor
“to give, to do or not to do.” - Juridical or legal tie- binds of connect the parties to the obligation
- can be determined by knowing the source of the obligation
VINCULUM JURIS
In certain kinds of obligations, the following may constitute additional requirements:
- Form – in formal contracts where form is necessary for validity, e.g., donation
- Delivery or Tradition – real contracts where delivery is necessary for perfection of the obligation, e.g., deposit, commodatum, loan
Forms of obligation
refers to the matter in which an obligation is manifested on incurred, maybe oral or in writing or partly in writing.
- general rule, the law does not require any form in obligation arising from contracts for their validity or binding force.
- obligation arising from other sources.
obligation, right and wrong
obligation - the act or performance which the law will enforce.
right the power which the person has under the law to demand from another any presentation
wrong - cause of action, an act or omission of one party in violation of the legal right of another, causing injury to the other.
cause of action
essential elements:
1) the legal right of the plaintiff;
2) the correlative obligation of the defendant not to violate the right; and
3) the act or omission of the defendant in violation of that legal right.
ALLEGATION OF ALL ELEMENTS OF COMPLAINT
if any of these elements is absent, the complaint is vulnerable to a motion to dismiss.
ACCRUAL OF CAUSE OF ACTION
- at the moment a right has been transgressed.
cause of action refers to the delict or wrong committed by the defendants
right of action refers to the right of the plaintiff to institute the action.
“for every right of the person, there is a corresponding obligation on the part of another to respect that right.”
period of prescription based upon written contract
10 tears from the occurrence of breach and not from the date of execution of the contract
Sources of Obligations
cause of action based on particular case
- contract of sale on installment basis - at the time the last installment is not paid
- overdraft payment that the obligation is payable on demand - when the demand is made
- contract loan with real estate mortgage, creditor increased the interest rate and foreclosed the mortgage - from the date the debtor discovered the increased interest rate
- agreement to buy and sell was condition upon the conduct of preliminary survey for tax survey - right of action for specific performance arose only when the plaintiff discovered the completion of the survey
- money claim arising from a contract of employment - cause of action arise from the date the employer made a definite denial of the employee’s claim
- reformation of contact (contract is one sided to the defendant) - cause of action arise only when the contract appeared disadvantageous.
- nature of the product sold (short deliveries) - cause of action arise upon the discovery of short delivery with certainty.
Obligations arise from: (L-CQAQ)
- Law - imposed by law
- Contracts - arise from the stipulation of the parties
- Quasi-contracts - arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched at the expense of another
- Acts or omissions punished by law; - when they arise from civil liability which is a consequence of criminal offense
- Quasi-delicts or torts - arise from damage caused to another though an act or omission, their being fault or negligence, but no contractual relation exists between the parties.
(CIVIL CODE, art. 1157)
injury, damage and damages definition
injury - illegal invasion of a legal right, wrongful act or omission which causes loss of harm to another
- legal wrong to be redress
damage - the loss, hurt or harm which results from the injury
damages - sum of money recoverable as amends for the wrongful act or omission
compensation awarded or for the damage or loss suffered.
“there may be injury without damage and damage without injury.”
damage without injury
damage results from exercising his legal right
“damnun absque injuria”
the plaintiff must establish that the damage to him resulted from a breach or violation of legal duty which the defendant owed to him, otherwise, the consequences must be born by the plaintiff alone.
- the act or omission causing damage must not only be hurtful but wrongful.
-art 19 NCC, “damnun absque injuria” does not apply when there is an abuse if right. abuse of right -acts of bad faith, intent to prejudice will give rise to liability for damages. Good faith is presumed.
Article 19. new civil code
Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.
