Title I - Obligations Chapter 1: General Provisions Flashcards
Article 1156
An obligation is a juridical necessity to give, to do, or not to do.
Meaning of Obligation
Obligation -
is derived from the Latin word obligatio which means tying or binding.
Meaning of Juridical Necessity
Obligation -
is referred to as a juridical necessity because non-fulfillment of which will give rise to a right of action.
Nature of Obligations Under the Civil Code
Civil obligations
Natural obligations
Nature of Obligations Under the Civil Code
Civil obligations
- Obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice.
Nature of Obligations Under the Civil Code
Natural obligations
- Obligations that do not grant a right of action to enforce their performance although, in case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof.
Essential Requisites of an Obligation
- Passive subject (called debtor or obligor)
- Active subject (called creditor or obligee)
- Object or prestation (subject matter of the obligation)
- Juridical or legal tie (also called the efficient cause or vinculum juris)
- Passive subject
(called debtor or obligor)
- Active subject
(called creditor or obligee)
- Object or prestation
(subject matter of the obligation)
- Juridical or legal tie
(also called the efficient cause or vinculum juris)
Essential Requisites of an Obligation
Example:
Under a building contract, X bound himself to build a house for Y for 1,000,000, determine the essential requisites of obligation in this situation
X is the passive subject.
Y is the active subject.
The building of the house is the object or prestation.
The agreement or contract, which is the source of the obligation, is the juridical tie.
Obligation (w/ right and wrong)
is the act or performance which the law will enforce.
Right
is the power which a person has under the law, to demand from another any prestation.
Wrong
(cause of action) is an act or omission in violation of the legal right or rights of another.
Kinds of Obligations According to Subject Matter
Real obligation (obligation to give) Personal obligation (obligation to do or not to do)
Real obligation (obligation to give)
is that in which the subject matter is a thing which the obligor must deliver to the obligee.
Personal obligation (obligation to do or not to do)
is that in which the subject matter is an act to be done or not to be done.
Two Kinds of Personal Obligation
Positive personal obligation is
the obligation to do or to render service.
Two Kinds of Personal Obligation
Negative personal obligation is
the obligation not to do (which naturally includes obligations “not to give”).
Sources of Obligations
Article 1157:
Law Contracts Quasi-Contracts Crime Delicts Quasi-Delicts/ Culpa Aquiliana
Article 1157:
1. Law -
Example
when they are imposed by law itself.
Examples:
Obligation to pay
Obligation to pay taxes
- Contracts -
Example
when they arise from the stipulation of the parties (Art. 1306)
Example:
The obligation to repay a loan or indebtedness by virtue of an agreement
- Quasi-contracts -
Example
when they arise from lawful, voluntary, and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another. (Art. 2142)
Example:
The obligation to return money paid by mistake or which is not due.
- Crimes or acts or omissions punished by law
Example
when they arise from civil liability which is the consequence of a criminal offense (Art. 1161)
Example
The obligation of a thief to return the car stolen by him; the duty of a killer to indemnify the heirs of his victim.
- Quasi-delicts or torts or Culpa Aquiliana -
Example
when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties (Art. 2176)
Example:
The obligation of the head of a family that lives in a building or part thereof to answer for damages caused by things thrown or falling from the same (Art. 2193)
Art. 1158
Special laws refer to
Example
all other laws not contained in Civil Code. Examples Corporation Code Negotiable Instruments Law Insurance Code National Internal Revenue Code Revised Penal Code Labor Code
Art. 1159
Contractual Obligations
Contract 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)
Art. 1159
Contractual Obligations
Binding force of a contract
Obligations arising from contracts have the force of
law between the contracting parties. As a source of enforceable obligation, contract must be valid and it cannot be valid if it is against the law.
Requirement of a Valid Contract.
A contract is valid (assuming all the essential elements are present; Art. 1318) if it is not
contrary to law, morals, good customs, public order, and public policy.
Requirement of a Valid Contract.
It is invalid or void if it is contrary to
law, morals, good customs, public order, or public policy (Art. 1306)
Compliance in Good Faith
Compliance or performance of an obligation strictly in accordance with
the stipulations or terms or conditions as laid in the contract or agreement.
Compliance in Good Faith
Example:
If S agrees to sell his house to B and B agrees to buy the house S, voluntarily and willingly, then they are bound by the terms of their contract and neither party may, upon his own will, and without any justifiable reason, withdraw from the contract or escape from his obligations thereunder.
That which is agreed upon in the contract is the law between S and B and must be complied with in good faith.
Art, 1160
Kinds of Quasi-Contracts
Negotiorum gestio
Solutio in debiti
Negotiorum gestio is the
voluntary management of the property or affairs of another without the knowledge or consent of the latter.
Solutio in debiti is the
The requisites are:
juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. (Art. 2154)
The requisites are:
a. There is no right to receive the thing delivered; and
b. The thing was delivered through mistake.
Art. 1161
Scope of Civil Liability
- Restitution
- Reparation for damage caused
- Indemnification for the consequential damages
Scope of Civil Liability
Example:
X stole the car of Y. If X is convicted, the court will order X to:
- Return the car or to pay its value if it was lost or destroyed;
- Pay for any damage caused to the car; and
- Pay such other damages suffered by Y as a consequence of the crime.
Art. 1162 Requisites of Quasi-delict There must be an There must be There must be There must be a There is no
- act or omission
- fault or negligence
- damage caused
- direct relation or connection of cause and effect between the act or omission and the damage.
- pre-existing contractual relation between the parties.
Crime Distinguished from Quasi-delict
Negligence
Crime - There is criminal or malicious intent or criminal negligence
Quasi-delict - There is only negligence
Crime Distinguished from Quasi-delict
Purpose
Crime - The purpose is punishment
Quasi-delict - The purpose is indemnification of the offended party
Crime Distinguished from Quasi-delict
Interest
Crime - Affects public interest
Quasi-delict - Concerns private interest
Crime Distinguished from Quasi-delict
Liability
Crime - There are generally two liabilities, criminal, and civil.
Quasi-delict - There is only civil liability
Crime Distinguished from Quasi-delict
Liability 2
Crime - Criminal liability cannot be compromised or settled by the parties themselves.
Quasi-delict - Liability for quasi-delict can be compromised as any other civil liability.
Crime Distinguished from Quasi-delict
The last one
Crime - The guilt of the accused must be proved beyond a reasonable doubt.
Quasi-delict - The fault or negligence of the defendant need only be proved by a preponderance of evidence
