Sources Of Obligations Flashcards
Article 1157. Obligations arise from:
- Law
- Contracts
- Quasi- contracts
- Acts or omissions punished by law
- Quasi- delicts
Obligations derived from law are not presumed. Only those expressly determined in this code or in special laws are demandable and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this book.
Article 1158
- Obligations arise when imposed by the law itself and cannot be presumed.
OBLIGATIONS ARISING FROM LAW
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Article 1159
- Obligations arise from the stipulation of the parties; it has the force of law and should be complied with in good faith.
Contracts
Obligations arising from contracts are governed primarily by _______ and have the_____between the contracting parties, thereby should be______
- agreement of the contracting parties
- force of law
- complied in good faith
performance in accordance with the stipulation or terms of the contract or agreement.
COMPLIANCE IN GOOD FAITH
Obligations derived from quasi- contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book.
Article 1160
Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contracts to the end that no one shall be unjustly enriched or benefited at the expense of another.
(Quasi- contracts)
KINDS OF QUASI- CONTRACTS
- negotiorum gestio
- solutio indebiti
: In quasi- contracts, the law considers the parties as having entered into a contract, although they have not actually done so, and irrespective of their intention, to _____
prevent injustice or the unjust enrichment of a person at the expense of another.
Civil obligations arising from offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.
Article 1161
When they arise from civil liability which is the consequences of a criminal offense.
Obligations arising from Crimes or act or omission punished by law.
Every person liable for a felony is also_____. But a person who is not ______ may still be civilly liable.
- civilly liable
- criminally liable
Scope of civil liability
- Restitution
- Reparation for the damages caused; and
- Indemnification for consequential damages.
Obligations derived from quasi- delicts shall be governed by the provisions of Chapter 2, Title XVII of the Book, and by special laws.
Article 1162
Obligations arise from damages caused to another through an act or omission, there being fault or negligence, but no contractual relations exist between the parties.
Quasi- delicts
The_____ of a person, who, by his act or omission, connected or unconnected with, but independent from, any contractual relation, causes damage to another person.
fault or negligence
Voluntary management of property or affairs of another without their authority or consent
Negotiorum Gestio
Arises when a person unduly delivers a thing by mistake to another person who has no rights to demand it
Solutio Indebiti
