Understanding contracts and obligations affecting the tourism and hospitality sectors Flashcards
is a juridical necessity to give, to do or not to do (Article 1156 of the Civil Code of the Philippines).
Obligation
Article 1156 of the Civil Code of the Philippines
Obligation is a judicial necessity TO GIVE, TO DO, or NOT TO DO.
means refraining from doing some acts.
The obligation not to do
Elements of Obligation (4)
- Active subject
- Passive subject
- Presentation or object
- Efficient cause
is the one who is demanding the performance of the obligation. It is he who in his favor the obligation is constituted, established or created. He is called the creditor or obligee.
Active Subject
is the one bound to perform
the presentation to give, to do or not to do. He is called the debtor or obligor.
Passive subject
is the subject matter of the obligation which has an economic value or susceptible or pecuniary substitution
in case of noncompliance.
Presentation or Object
is the juridical tie or vinculum by virtue of which the debtor has become bound to perform the presentation.
Efficient cause
Kinds of Obligation as to Judicial
Enforceability (3)
- Civil Obligation
- Natural Obligation
- Moral Obligation
Kinds of obligation as to number of persons bound to perform
- Unilateral obligation
- Bilateral obligation
It is a kind of obligation in which only one of the parties is bound to fulfill a presentation.
Unilateral Obligation
This is a kind of obligation in which both parties are bound to perform a part in the obligation.
Bilateral Obligation
Art. 1157
Sources of Obligation
Sources of obligation (Art. 1157)
- Obligation arising from law
- Obligations arising from contacts
- Obligations arising from Quasi- contracts
- Obligations arising from Quasi-Delicit
The obligation of a party to fulfill an obligation arises from the law itself, rules and regulations, jurisprudence.
Obligations arising from law
This is the duty of the party to fulfill his undertaking in the contract such as the payment of interest as stipulated in the contract.
Obligations arising from contracts
It is a judicial relation which arises from a voluntary, and unilateral based on the maxim that no one shall unjustly enrich himself at the expense of another.
The 2 common forms are:
1) Solutio indebti
2) Negotiorum gestio
Obligations Arising from Quasi-Contracts.
is payment by mistake.
Solutio Indebti
takes place when a person without the consent of the owner, assumes the management of an abandoned business.
Negotiorum gestio
It is any act of omission which causes damage to another, being fault or negligence, and there being no preexisting contractual relation between the parties.
Obligation Arising from Quasi-delict.
