OBLIGATIONS Flashcards
Two kinds of obligations as to sanction
- Natural Obligation
- Civil Obligation
It is based on equity and natural law. It does not give a creditor right of action to enforce performance
Natural Obligation
It is a juridical necessity to give, to do, or not to do.
Civil Obligation
Meaning of Juridical Necessity
The creditor can go to court to enforce the performance of the debtor.
It is based on positive law
Civil Obligation
What is positive law?
Laws enacted by the congress
One of the modes of extinguishing an obligation
Through prescription
An oral contract will be prescribed after _____
6 years
A written contract will be prescribed after ____
10 years
Two classifications of civil obligation
- Real obligation
- Personal obligation
It involves payment
Real Obigation
It involves performance
Personal Obligation
A real obligation can be classified into two:
Determinate thing or specific thing
Generic Thing
Things that are particularly designated and physically segregated from all other things of the same class
Determinate or specific thing
All other things other than determinate things
Generic Thing
Essential elements of civil obligation
Active subject
Passive Subject
Object or Prestation
Vinculum Juris/ Juridical Tie
Active Subject
Obligee or Creditor. A person who has the right to enforce the performance of that civil obligation.
Passive Subject
Obligor or debtor
Object/ Prestation
To give, to do, or not to do
Viniculum Juris/ Juridical Tie
Sources of obligation
What are the sources of obligation?
- Law
- Contract
- Quasi-contract
- Delicts
- Quasi-delicts
It is the only one who has consent in the source of obligation
Contracts
It is based on the principle that no one shall unjustly enrich himself at the expense of another
Quasi-contract
Two forms of Quasi Contract?
- Negotiorum Gestio
- Solution Indebiti
It involves voluntary management of the property of another without the consent or authority of the latter
Negotiorum Gestio
When a person receives something without a right to demand it and it was delivered through a mistake
Solutio Indebiti
In Negotiorum Gestio and Solutio Indebeti the liability of two or more debtor is_____
Solidary
True or False. In quasi-contract the liability of two or more debtors is joint
False
Acts or omissions punishable by law
Delicts
When you committed a crime, you have two liabilities
- Criminal Liability
- Civil Liability
It involves imprisonment
Criminal Liability
It involves payment of damages
Civil Liability
Purpose of the damages
For Indemnification
For Reparation
For Restitution
Kinds of Damages
Moral
Exemplary
Nominal
Temperate
Actual
Liquidated
Award to the injured person because they suffered sleepless nights, anxiety, depression, etc.
Moral Damages
To set example
Exemplary damages
To vindicate a right
Temparate damages
Actual damages suffered by the victim
Actual damages
Predetermined beforehand
Liquidated damages
Acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between parties
Quasi-delicts
What are the different kinds of obligation
Primary
Secondary
Primary kinds of obligation
- Pure and conditional obligations
- Obligation with a period
- Alternative and facultative obligation
- Joint and solidary obligation
- Divisible and Indivisible obligation
- Obligation with a Penal Clause
Secondary Kinds of Obligation
- Unilateral and Bilateral Obligation
- Real and Personal Obligation
- Determinate and Generic Obligatiob
- Civil and Natural Obligation
- Legal, Conventional and Penal Oblgation
