Obligations Flashcards
Obligations, defined
A juridical necessity to give, to do or not to do
Elements of an Obligation
- Juridical tie
- Object or the presentation or the particular conduct required
- Active subject or the person who can demand the fulfillment of the obligation
- Passive subject or the person from whom the obligation is juridically demandable
Sources of Obligation
- Law
- Contract
- Quasi-contract
- Delict
- Quasi-delict
These obligations are not presumed because they constitue a limitation upon the individual freedom, imposing duties which the obligor cannot avoid
Law
Obligations arising from contracts have the force of law between the contracting parties and shouild be complied with in good faith
Contracts
It is a juridical relation arising from certain lawful, voluntary, and unilateral acts with the objective of preventing unjust enrichment or benefit at the expense of another
Quasi-contracts
Every person criminally liable is also civilly
Delicts
To sustain a claim based on quasi-delict:
* Damage suffered by the plaintiff
* Fault or negligence of the defendant
* Connection or cause and effect between the fault of negligence of defenfant and the damage incurred by the Plaintiff
Quasi-Delict
Particularly designed or physically segregated from all others of the same class
Specific/Determinate