Obligations Flashcards
What is an obligation?
An obligation is a juridical necessity to give, to do, or not to do. (Art. 1156)
What is meant by damages?
Represents the sum of money given as compensation for the injury or harm suffered by the creditor or obligee.
What is civil obligation?
Civil obligations are those which give to the creditor or obligee a right under the law to enforce performance in courts of justice.
What is natural obligation?
Natural obligation does not grant a right of action to enforce their performance.
Where are civil obligation based? How about the natural obligations?
Civil obligations - positive law; Natural obligations - equity and natural law.
What are essential requisites of an obligation?
- Passive Subject
- Active Subject
- Prestation
- Juridical or Legal Tie
What are prestations?
To give, to do, and not to do.
What is right?
The power a person has under the law, to demand any power from another any prestation.
What is wrong or injury?
An act or omission of one party in violation of the legal right or rights of another.
What are the requisites in order that a person may acquire a right of action in court against another to enforce the performance of the latter’s obligation?
- Legal right (Creditor)
- Correlative legal obligation (Debtor)
- An act or omission by the latter in violation of said right resulting in injury.
What is the difference between real obligation from personal obligation?
Real obligation - obligation to give or deliver a thing
Personal obligation - obligation to do or not to do
What are the sources of obligation and their provisions?
According to (Art 1157), obligation arises from:
1. Law
2. Contracts (Art. 1305)
3. Quasi-Contracts (Art. 2142)
4. Acts or omission punishable by law (Art1161)
5. Quasi-delicts (Art. 2176)
What is compliance in good faith?
This means compliance or performance in accordance with the stipulation of terms of the contract or agreement.
What is a quasi-contract?
Juridicial relation resulting from “lawful, voluntary, and unilateral acts” by virtue by which the party become bound to each other to the end that no one will unjustly enriched or benefited at the expense of another.
What is negotorium gestion?
Art. 2144. It is a voluntary management of the property or affairs of another without the consent of the latter.
What is solutio indebiti?
Juridicial relation created when “something is received and there is no right to demand it” and it was unduly “delivered through mistake”.
What is a quasi-delict?
An act or omission by a person which causes damages to another in his person, property, right giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between parties.
Distinguish determinate or specific to generic or indeterminate.
(Art. 1244) Determinate or specific thing is defined by its individuality. The debtor cannot substitute it with other another although it is of the same kind and quality without the consent of the creditor.
A generic thing is defined by its species. The debtor can give anything of the same class as long as it is of the same kind.
What is the debtor’s responsibility when delivering a specific thing?
- To preserve the thing
- To deliver the fruits (Art. 1164)
- To deliver the accessories and accessions (Art. 1166)
- To deliver the thing itself
- Answer the damages in case of breach or non-fulfillment.
The debtor’s responsibility when delivering a generic thing?
- To deliver a thing which is of the quality intended by the parties (Art. 1246)
- To be liable for damages in case of breach (Art1170)
Distinguish natural fruits, industrial fruits, and civil fruits.
Natural fruits - spontaneous products of the soil, products of animals. Grass, trees and plants produced without intervention of human labor.
Industrial fruits - produced by the lands of any kind through cultivation or labor. Rice, sugar cane and vegetables.
Civil fruits - derived by virtue of juridical relation. Rents of buildings, price of lease and other property.
What is a personal right?
Right to demand from another
How about real right?
Right of a personal over a specific things, like ownership, against whom the right may be personally enforced.
In case the debtor fails to comply with his obligation, what are the creditor’s remedies?
- Demand specific performance
- Demand recission or cancellation
- Demand payment for damages only, when it is the only feasible remedy
What are accessions and accessories?
Accessions - are the fruits of a thing or additions to or improvement upon a thing
Accessories - things joined to or included with the principal thing fo the latter’s embellishment or completion
Distinguish ordinary delay from legal delay
Ordibary delay - merely failure to perform an obligation
Legal Delay - failure to perform an obligation and other’s a breach of obligation.
What are the kinds of delay?
More Solvendi - delay on the part of debtor to fulfill his obligation
Mora Accipiendi - delay on the part of the creditor to accept the performance or obligation
Compensation Morae - delay of the obligors in reciprocal obligations
Requisites of Moral Solvendi
1.Obligation must be due
2. There is a demand made by the creditor
3. The debtor did not comply
No demand, no delay, excpet:
- When the law so provides.
- When the obligation so provides.
- Time is essence
- Demand is useless
- When there is performance of other party
What is fraud?
Intentional or deliberate evasion of the normal fulfillment of an obligation
Two kinds of fraud referred in Art1170?
Causal Fraud (employed in the formation of a contract) and Incidental Fraud (committed in the performance of an obligation)
What is negligence?
Voluntary act or omission which prevents the normal fulfillment of an obligation.
