2- Oblicon Gen prov-stud

Question 1

Latin Word “obligatio” which means tying or binding

Answer 1

Obligation

Question 2

recognized by law by virtue of which one is bound in favor of another to render something– giving a thing, doing a certain act, or not doing a certain act

Answer 2

Tie or bond

Question 3

meaning is in its passive aspect. It merely stresses the duty under the law of the debtor or obligor when it speaks of obligations as a juridical necessity

Answer 3

1156

Question 4

An obligation is a juridical necessity to give, to do, or not to do.

Answer 4

Article 1156

Question 5

• Obligation is a ________ because in case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce fulfillment or, in default thereof, the economic value that it represents.
• Possibility of payment of damages
• Debtor must comply, like or not, undesirable consequences

Answer 5

juridical necessity

Question 6

person bound to the fulfillment of the obligation; he who has the duty

Answer 6

Passive subject (called debtor or obligor)

Question 7

the person who is entitled to demand the fulfillment of the obligation; he who has a right

Answer 7

active subject (called creditor or obligee)

Question 8

conduct require to be observed
(giving, doing, or not doing). Without prestation,
nothing to perform

Answer 8

Object or prestation (subject matter of the obligation)

Question 9

binds or connects the parties to the obligation.
The tie in an obligation can easily be determined
by knowing the source of the obligation

Answer 9

juridical or legal tie (efficient cause)

Question 10

refers to the manner in which an
obligation is manifested or incurred. It may be oral,
or in writing or partly oral and partly in writing.

Answer 10

Form of obligation

Question 11

___________: the law does not require any form
for obligations arising from contracts for their
validity or biding force. (see Art. 1356)

Answer 11

General rule

Question 12

which the subject matter is a thing which
the obligor must deliver to the obligee.

Answer 12

Real obligation (obligation to give)

Question 13

which the subject matter is an act to be done or not to be done.

Answer 13

Personal obligation (obligation to do or not to
do)

Question 14

two (2) kinds of personal
obligation:

Answer 14

Positive personal and negative
personal obligatio

Question 15

___________ or obligation to do or
to render service

Answer 15

Positive personal obligation

Question 16

obligation not to
do (which naturally includes obligation “not to give”)

Answer 16

Negative personal obligation

Question 17

Obligations
arise from
1. law;
2. Contracts;
3. Quasi-contracts
4. Acts or omissions
punished by law; and
5. Quasi-delicts (1089a)

Answer 17

Art. 1157

Question 18

Sources of obligation:

1. ______- when they are imposed by law itself.
2. ______–when they arise from the stipulation
   of the parties (Art. 1306)
3. ________ – 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)
4. _______________________ –
   when they arise from civil liability which is the
   consequence of a criminal offense. (Art. 1161)
5. ____________ – when they arise from
   damage caused to another through an act or
   omission, there being fault or negligence, but not
   contractual relation exists between the parties (Art.
   2176)

Answer 18

Law

Contracts

Quasi-contracts

Crimes or acts or omissions punished by law

Quasi-delicts or torts

Question 19

Sources classified:

Answer 19

1. Those emanating from law; and
2. Those emanating from private acts which may be further subdivided into: a. Those arising from licit acts, in the case of contracts and quasi-contracts; and b. Those arising from illicit acts, which may be either punishable in the case of delicts or crimes, or not punishable in the case of quasi-delicts or torts.

Question 20

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 precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book.

Answer 20

Art. 1158

Question 21

refers to legal obligations or obligations arising from law. They are not presumed because they are considered a burden upon the obligor. They are exception, not the rule. To be demandable, they must clearly set fort in the law, i.e. the Civil Code or special laws.

Answer 21

Article 1158

Question 22

Under ____________, special laws refer to all other laws not contained in the Civil Code. Examples of such laws, are Corporation Code, Negotiable Instruments Law, Insurance Code, National Internal Revenue Code, Revised Penal Code, Labor Code, etc.

Answer 22

Article 1158

Question 23

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

Answer 23

Art. 1159

Question 24

a meeting of minds, between (2) (or more) persons whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305)

Answer 24

contract

Question 25

Obligations arising from contracts have the force of law between the contracting parties, i.e. they have the same binding effect of obligations imposed by laws.

Answer 25

Binding force

Question 26

a contract is valid (assuming all the essential elements are present; Art. 1318) if it is not contrary to law, morals, food customs, public order, and public policy. It is invalid or void if it is contrary to law, morals, good custos, public order, or public policy. (Art. 1306)

Answer 26

Requirement of a valid contract

Question 27

________________ -a contract may be breached or violated by a party in whole or in part. A___________ takes place when a party fails or refuses to comply, without legal reasons of justification, with his obligation under the contract as promised.

Answer 27

breach of contract

Question 28

means compliance or performance in accordance with the stipulations or terms of the contract or agreement.

Answer 28

Compliance in good faith

Question 29

Non-compliance by a party with his legitimate obligations after receiving the benefits of a contract would constitute _______________ on his part.

Answer 29

unjust enrichment

Question 30

Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII of this Book

Answer 30

Art. 1160

Question 31

juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties, become bound to each other to the end that no one will be unjustly enriched or benefitted at the expense of another. (Art. 2142).

Answer 31

quasi-contract

Question 32

Kinds of quasi contract:

Answer 32

Negotiorum gestion Solution indebiti Other examples of quasi contracts

Question 33

the voluntary management of the property or affairs of another without the knowledge or consent of the latter. (Art. 2144)

Answer 33

Negotiorum gestion

Question 34

the 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). Requisites: 1. There is no right to receive the thing delivered; and 2. The thing delivered was delivered though mistake.

Answer 34

Solution indebiti

Question 35

The are provided in Articles 2164 to 2175 of the Civil Code. The cases that have been classified as quasi-contracts are infinite variety, and when for some reason recovery cannot be had on a true contract, recovery may be allowed on the basis of a quasi-contract

Answer 35

Other examples of quasi contracts

Question 36

Civil obligations arising from criminal 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 (1092a).

Answer 36

Art. 1161

Question 37

Civil liability arising from crimes or delicts:

Answer 37

Civil liability in addition to criminal liability Criminal liability without civil liability Civil liability without criminal liability

Question 38

“every person criminally liable for an act or omission is also civilly liable for damages suffered by the aggrieved party. (See Art. 100, RPC)

Answer 38

Civil liability in addition to criminal liability

Question 39

in crimes, however, which cause no material damage there is no civil liability to be enforced

Answer 39

Criminal liability without civil liability

Question 40

A person not criminally responsible may still be liable civilly (Art. 29; Sec. 2C Rule 111, Rules of Court

Answer 40

Civil liability without criminal liability

Question 41

Scope of civil liability:

Answer 41

1. Restitution 2. Reparation for the damage caused; and 3. Indemnification for consequential damages. (Art. 104, Revised Penal Code)

Question 42

Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws (1093a)

Answer 42

Art. 1162

Question 43

an act or omission by a person (tortfeasor) which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being fault or negligence but there is not pre-existing contractual relation between the parties (Art. 2176)

Answer 43

Quasi delict

Question 44

Requisites of quasi-delict:

Answer 44

1. There must be an act or omission; 2. There must be fault or negligence; 3. There must be damage caused; 4. There must be a direct relation or connection of cause and effect between the act or omission and the damage; and 5. There is no pre-existing contractual relation between the parties.

Question 45

Crime distinguished from quasi-delict

Answer 45

1. In crime, there is criminal or malicious intent or criminal negligence, while in quasi- delict, there is only negligence; 2. In crime, the purpose is punishment, while in a quasi-delict, indemnification of the offended party; 3. Crime affects public interest, while quasi-delict concerns private interest; 4. In crime, there are generally two liabilities: criminal and civil, while in quasi delict, there is only civil liability; 5. Criminal liability can not be compromised or settled by the parties themselves, while the liability for quasi-delict can be compromised as any other civil liability; and 6. In crime, the guilt of the accursed must be proved beyond reasonable doubt, while in quasi-delict, the fault of negligence of the defendant need only be proved by preponderance