Obligations Flashcards
Republic Act No. 386
Civil Code of the Philippines
Book IV of R.A. No. 386
Obligations and Contracts
A juridical necessity to give, to do, or not to do
Obligation
An obligation that has no legal basis and hence does not give a right of action to enforce its performance
Natural Obligation
It is based on equity, morality, and natural law, and should be voluntary
Natural Obligation
Elements of Obligation
Parties, Prestation, Juridical Tie
Actors involved in an obligation
Parties
Creditor/Obligee
Active Subject
One who demands the fulfillment of an obligation
Active Subject
Debtor/Obligor
Passive Subject
One who has the duty to fulfil an obligation
Passive subject
The conduct to be performed by the passive subject for the active subject
Prestation
Efficient Cause
Juridical Tie
The relation that binds the parties to an obligation
Juridical tie
Sources of Obligation
Law, Contract, Quasi-contract, Delict, Quasi-delict
When there is no meeting of the minds between the parties
Quasi-contract
If one (the officious manager) voluntarily takes charge of the agency or management of another person’s property on his behalf without his consent or authority
Negotiorum gestio
If one received something that does not rightfully and legally belong to him such as the obligation to return a money received by mistake
Solutio indebiti
When there is a civil liability resulting from criminal offense; should be governed by the penal laws; such as the obligation of a thief to return the money he had stolen
Delict
When there is fault or negligence that causes damage on another, there being no prior meeting of the minds between the parties; there is an obligation to pay for the damage done; such as the obligation of a driver to pay for the damages he caused to another due to negligence
Quasi-delict
Refers to a specific, identifiable object or item
Determinate thing
Refers to a general category or class of objects that share common characteristics but may not be individually identifiable
Generic thing
Primary classification of obligations according to the peculiarities of the prestation
Pure obligation, Conditional obligation, Obligation with a period
Performance is not subject to any condition, and can be immediately demandable
Pure obligation
Performance is subject to a condition, and can only be demandable upon the happening of an event
Conditional obligation
Performance is subject to a period, and can only be demandable when that period expires
Obligation with a period
Primary classification of obligations according to the number of prestations
Simple obligation, Compound obligation
There is only one prestation
Simple obligation
There are two or more prestations
Compound obligation
There are several prestations and all of them can be performed separately
Conjunctive obligation
Only one of the several prestations can be performed
Disjunctive obligation
Primary classification of obligations according to the number of parties
Individual obligation, Collective obligation
There is one debtor and one creditor
Individual obligation
There are two or more debtors and two or more creditors
Collective obligation
The prestation is divided among each debtor and/or the demand for it is divided among each creditor
Joint obligation
The prestation may be performed by any one of the debtors, and/or its entire compliance may be demanded by any one of the creditors
Solidary obligation
Primary classification of obligations according to divisibility/indivisibility of the prestation
Divisible obligation, Indivisible obligation
The prestation can be partially performed
Divisible obligation
The prestation cannot be partially performed
Indivisible obligation
Primary classification of obligations according to the value of the prestation
Principal obligation, Accessory obligation, Obligation with a penal clause
The main/principal prestation that is essential and from which the accessory obligation/s arise
Principal obligation
The secondary/accessory prestation that should be performed in connection with the primary obligation
Accessory obligation
The accessory prestation imposes a penalty that shall substitute the indemnity for damages and the payment of interests in case of noncompliance to the principal prestation
Obligation with a penal clause
Secondary classification of obligations according to the involvement of the parties
Unilateral obligation, Bilateral obligation
Only one party is bound to perform a prestation
Unilateral obligation
Both parties are bound to each other in performing their respective prestations
Bilateral obligation
One party is bound to perform a prestation in exchange for the other party’s performance
Reciprocal obligation
Secondary classification of obligations according to the nature of the obligation
Civil obligation, Natural obligation
Has legal basis; give a right of action to compel its performance
Civil obligation
Arises from law
Legal obligation
Arises from contracts with the force of the law
Conventional obligation
Arises from delicts and criminal offences
Penal obligation
Has no legal basis; does not give a right of action to enforce its performance but is based on equity and natural law, and should be voluntary
Natural obligation
Secondary classification of obligations according to the nature of the prestation
Personal obligation, Real obligation
The prestation is to do or not to do an act
Personal obligation
The prestation is to give or deliver a thing
Real obligation
To do an act
Positive obligation
Not to do an act
Negative obligation
To deliver a determinate thing
Determinate obligation
To deliver a generic thing
Generic obligation
To deliver a thing confined to a particular class/kind
Limited generic obligation
The simultaneous balancing of two obligations wherein two persons are reciprocally debtors and creditors of each other
Compensation
The creation of a new and different obligation through the total or partial modification of an old obligation that it substituted.
Novation
The invalidation of a voidable contract by a court action on the grounds of incapacity to give consent, mistake, violence, intimidation, undue influence, and fraud
Annulment
The revocation, cancellation, or repeal of a contract and the return of the parties to the positions they would have had if the contract had not been made
Rescission
The loss of certain rights upon the lapse of time
Prescription
Mutuo disenso
Mutual desistance/withdrawal
