OBLIGATIONS

Question 1

ART 1156. A juridical necessity to give to do or not to do.

Answer 1

Obligation

Question 2

Requisites of an obligation

Answer 2

1. Active subject (creditor or obligee)
2. Passive subject (debtor or obligor)
3. Prestation
4. Efficient cause

Question 3

The party who has
the right to demand performance of the obligation.

Answer 3

Active subject (creditor/obligee)

Question 4

The party who is
obliged to perform the obligation.

Answer 4

Passive Subject (debtor/obligor)

Question 5

The object or subject matter of the obligation. It may consist of giving, doing or not doing
something.

Answer 5

Prestation

Question 6

the vinculum or the legal or juridical tie which binds the parties to an obligation. The efficient cause of an obligation may be any of the five sources of the obligation.

Answer 6

Efficient Cause (legal/juridical tie)

Question 7

(as defined on Art. 1156) is based on positive law; hence, it is enforceable by court action.

Answer 7

Civil Obligation

Question 8

is based on natural law;
hence, it is not enforceable by court of action.

Answer 8

Natural Obligation

Question 9

means that the court may be asked to order the
performance of an obligation if the debtor refuses to perform
it.

Answer 9

Juridical necessity

Question 10

If an obligation cannot be enforced through courts, it may be disregarded with ___

Answer 10

impunity

Question 11

Civil obligation and natural obligation distinguished

Answer 11

Civil obligation is enforceable and natural obligation is based by natural law and not enforceable in the court of justice.

Question 12

Sources of obligations

Answer 12

1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omissions punishable by law
5. Quasi-delict

Question 13

A rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.

Answer 13

Law

Question 14

is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305)

Answer 14

Contracts

Question 15

Obligations arising from contracts have the
force of law between the contracting parties and should be complied with _____

Answer 15

good faith

Question 16

they refer to certain lawful, voluntary and unilateral acts giving rise to a juridical relation to the end that no one shall be unjustly enriched at the expense of another. (Art.
2142).

Answer 16

Quasi-contracts

Question 17

The principal kinds of quasi-contracts

Answer 17

are negotiorum gestio
and solutio indebiti.

Question 18

this refers to the voluntary administration of the property, business or affairs of another without the consent or authority. It creates the obligation to reimburse the gestor for necessary and useful expenses. (Art. 2150)

Answer 18

Negotiorum gestio

Question 19

this refers to payment by
mistake of an obligation which was not due when paid. It
creates the obligation to return the payment. (Art. 2154)

Answer 19

Solutio indebiti

Question 20

these are crimes or
felonies. The commission of a crime makes the offender civilly liable. Such civil liability includes restitution, reparation of the damage caused, and indemnification of consequential damages.

Answer 20

Acts or omissions punishable by law

Question 21

(also known as “tort” or “culpa aquiliana”) these are acts or omissions that cause the damage to another, there
being fault or negligence but without any pre-existing contractual relation between parties. (Art. 2176)

Answer 21

Quasi-delict