Understanding contracts and obligations affecting the tourism and hospitality sectors

Question 1

is a juridical necessity to give, to do or not to do (Article 1156 of the Civil Code of the Philippines).

Answer 1

Obligation

Question 2

Article 1156 of the Civil Code of the Philippines

Answer 2

Obligation is a judicial necessity TO GIVE, TO DO, or NOT TO DO.

Question 3

means refraining from doing some acts.

Answer 3

The obligation not to do

Question 4

Elements of Obligation (4)

Answer 4

1. Active subject
2. Passive subject
3. Presentation or object
4. Efficient cause

Question 5

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.

Answer 5

Active Subject

Question 6

is the one bound to perform
the presentation to give, to do or not to do. He is called the debtor or obligor.

Answer 6

Passive subject

Question 7

is the subject matter of the obligation which has an economic value or susceptible or pecuniary substitution
in case of noncompliance.

Answer 7

Presentation or Object

Question 8

is the juridical tie or vinculum by virtue of which the debtor has become bound to perform the presentation.

Answer 8

Efficient cause

Question 9

Kinds of Obligation as to Judicial
Enforceability (3)

Answer 9

1. Civil Obligation
2. Natural Obligation
3. Moral Obligation

Question 10

Kinds of obligation as to number of persons bound to perform

Answer 10

1. Unilateral obligation
2. Bilateral obligation

Question 11

It is a kind of obligation in which only one of the parties is bound to fulfill a presentation.

Answer 11

Unilateral Obligation

Question 12

This is a kind of obligation in which both parties are bound to perform a part in the obligation.

Answer 12

Bilateral Obligation

Question 13

Art. 1157

Answer 13

Sources of Obligation

Question 14

Sources of obligation (Art. 1157)

Answer 14

1. Obligation arising from law
2. Obligations arising from contacts
3. Obligations arising from Quasi- contracts
4. Obligations arising from Quasi-Delicit

Question 15

The obligation of a party to fulfill an obligation arises from the law itself, rules and regulations, jurisprudence.

Answer 15

Obligations arising from law

Question 16

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.

Answer 16

Obligations arising from contracts

Question 17

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

Answer 17

Obligations Arising from Quasi-Contracts.

Question 18

is payment by mistake.

Answer 18

Solutio Indebti

Question 19

takes place when a person without the consent of the owner, assumes the management of an abandoned business.

Answer 19

Negotiorum gestio

Question 20

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.

Answer 20

Obligation Arising from Quasi-delict.