Obligations - General Provisions Flashcards
What is an obligation?
What are its four essential elements?
According to Article 1156, an obligation is a juridical necessity to give, to do, or not to do.
Its four essential elements are (1) there must be an active subject which is the creditor, (2) there must be a passive subject which is the debtor, (3) there must be a prestation or object of the obligation, and (4) there must be a juridical or legal tie that binds the parties to the obligation.
What are the different classifications of obligation?
There are 10 classifications of obligations. These are: (1) Pure obligations, (2) Conditional obligations, (3) Obligations with a period, (4) Joint obligations, (5) Solidary obligations, (6) Divisible obligations, (7) Indivisible obligations, (8) Alternative obligations, (9) Facultative obligations, and (10) Obligations with a penal clause.
Where do obligations come from?
According to article 1157, obligations come from (1) law, (2) contracts, (3) quasi-contracts, (4) acts or omission punishable by law, and (5) quasi-delicts.
On obligations arising from law, what are the rules provided therein?
What is a good example of this obligation?
According to Article 1158, obligations arising from law are not presumed, there must be an expressed provision in the Civil Code or other laws that establishes them.
Example of this is the imposition of taxes provided in the National Internal Revenue Code.
On obligations arising from contracts, what are the rules provided therein?
According to Article 1159, obligations arising from contracts have the force of law between the contracting parties and such obligations must be complied with in good faith.
What are quasi-contracts?
Define the two principal forms of quasi-contracts and enumerate its respective elements.
Quasi-contracts are another source of obligations provided under Article 1160. They are juridical relations arising from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other, based on the principle that no one shall be justly enriched or benefited at the expense of the other.
The two principal forms of quasi-contracts are (1) Negotiorum Gestio and (2) Solutio Indebiti.
Negotiorum Gestio is where a person, (1) in good faith, (2) voluntarily assumes the management of (3) an abandoned or neglected property of another (4) without the authorization from the latter.
Solutio Indebiti on the other hand is known as payment by mistake, and arises when a (1) person made a mistake to pay (2) another person who has no right to receive the payment.
On obligations arising from acts or omissions punished by law, what are the rules provided therein?
What is the rule on the imposition of this obligation?
Under Article 1161, it states that obligations arising from acts or omissions punished by law are governed by the Revised Penal Code, Chapter 2 of Human Relations, and the Chapter on Damages of the Civil Code.
The rule is that a person who is criminally liable is also civilly liable, except on crimes that is identified to not having civil liabilities.
What are quasi-delicts?
Quasi-delicts are another source of obligation provided under Article 1162. It is the fault or negligence of a person, who, by his act or omission, causes damage to another person. And because of that, the person is liable for the damage.
What is the rule on standard of care with regards to the delivery of something?
According to Article 1163, if a person is obliged to give something, he is obliged to take care of the thing with proper diligence. The exception being, is unless the law or the stipulation otherwise provides another standard of care.
What are the rights of the creditor with regards to his rights over the thing to be delivered? When does he obtain such right?
According to Article 1164, the real right (rights of the creditor over the thing) of the creditor can only be obtained when the same is delivered to him. Otherwise, he only have personal right (right to demand for the delivery of the thing to him) over it.
What are the rights of the creditor if the object of the prestation is a specific or determinate thing? What about if the object of the prestation is a generic or indeterminate thing?
According to Article 1165, if the object of the prestation is a specific or determinate thing (a thing that is particularly designated or physically segregated from all others of the same class), he has the right to specific performance (creditor may compel the debtor to make the delivery.
If the object of the prestation is a generic or indeterminate thing (something that is not particularized or specified but has reference to a class or genus), the creditor may ask that the obligations be complied with at the expense of the debtor.
What are the rules regarding the liabilities of a debtor in case of a fortuitous event?
Generally, a debtor is not liable and the obligation will be extinguished when the object is lost due to a fortuitous event.
Exceptions to the rule are:
(1) When stated by law
(2) When stipulated by the parties
(3) When the loss of the object is because of the fault of the debtor
(4) When the debtor incurred delay
(5) When the object is a generic or indeterminate thing
(6) When the debtor promises to deliver the same thing to two or more persons who do not have the same interest
(7) When the nature of the obligation requires the assumption of risk
(8) When the obligation to deliver a specific thing arises from a crime
When can a debtor incur delay in the fulfillment of his obligation?
According to Article 1169, the general rule is that a debtor incurs delay when there is a demand from the creditor, either judicially or extrajudicially.
But the exception to the rule is when the obligee’s demanded time of the fulfillment of the obligation is not necessary for there to be a delay. For instance:
(1) The obligation or law expressedly states
(2) Stipulated by both parties
(3) The time of the fulfillment of the obligation is a controlling motive for the establishment of the contract, and
(4) Demand is useless when the debtor rendered it beyond his power to perform
In a reciprocal obligation, what is the rule with regards to the delay of the parties in fulfilling their obligations?
In a reciprocal obligation, there is no delay when both parties do not comply, or are not yet ready to comply their obligations. Once one of the parties performs their obligation, delay by the other begins.
What are the instances when the debtor is liable for damages to the creditor with regards to the formers fulfillment of his obligation?
According to Article 1170, if there is delay, fraud, or negligence on the part of the debtor in fulfilling his obligations to the creditor, the former is liable to pay for damages.
