OBLIGATIONS (ART. 1156-1304) Flashcards
where did the word obligation come from
from latin word “obligatio” which was derived from “obligare” which means to bind securely
where did obligare come from
“ob” means around
“ligare” means to tie or bind
what is article 1156?
an obligation is a juridical necessity to give, to do or not to do (n)
who said “the juridical necessity of complying with prestation”
sanchez roman
what is juridical necessity?
legal obligation. in case of non compliance to legal obligation, courts of justice may be called upon. in short, the rights and responsibilities from an obligation is legally enforceable
what is the nature of obligations under civil code?
civil or natural
what is civil obligation?
a legal duty that must be followed. obligee or creditor can go to the court in case of noncompliance of the obligor or debtor
what is natural obligation?
not legally demandable, means that the demands are null and cannot be used in court
are all obligations under the civil code obligations?
except the chapter dealing with natural obligations, articles 1423 to 1430, obligations found in the civil code are civil obligations
what are the elements or requisites of obligations?
a. juridical tie (vinculum juris) - the legal bond of the parties to the obligation which is established through contracts
b. object- the action or duty that must be done
c. active subject- the obligee or creditor, the person who demands the fulfillment of the obligation
d. passive suvject- the debtor or obligor, the one who is obligated to perform or fulfill the duty
how many essential elements does an obligation have?
four
- vinculum juris
- passive subject
- active subject
- object
is form a requisite of an obligation
no, but it is an additional factor that can be necessary in some cases, like property issues
article 748 of the civil code
donations of personal property which value exceeds P5000, the donation and the aceptance of donations shall be in writing
article 1874 of the civil code
when you buy a property through an agent, there must be writing
article 1956 of the civil code
if there’s a lone with interest, an agreement should be in writing
elements of a valid object of prestation?
- must be licit or lawful
- object must be specific
- object must be physically or legally possible
- object must be capable of pecuniary estimation or it must have a monetary value
article 1157
obligations arise from law, contracts, quasi contracts, acts or omissions punished by law, and quasi-delict
how many sources of obligations are there?
5
can an obligation come from a promise?
no, it only rises from law, contacts, and etc, mere promises are just he said she said scenario
