Chapter 1

Question 1

ARTICLE 1156.

Answer 1

An Obligation is a juridical necessity to give, to do or not to do. (n)

Question 2

Obligation is derived from latin word?

Answer 2

obligatio; meaning tying or binding

Question 3

In case of noncompliance, courts of justice may be called upon by the aggrieved party to enforce its fulfillment.

Answer 3

Juridical necessity

Question 4

gives the creditor or obligee the right under the law to enforce their performance in courts of justice.

Answer 4

civil obligations

Question 5

not based on positive law but on equity and natural law.

Answer 5

natural obligations

Question 6

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

Answer 6

passive subject

Question 7

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

Answer 7

active subject

Question 8

conduct required to be observed by the debtor. Giving, doing, or not doing.

Answer 8

object or prestation

Question 9

which binds or connects the parties of the obligation

Answer 9

juridical or legal tie

Question 10

act or performance which the law will enforce

Answer 10

obligation

Question 11

Power which a person has under the law to demand from another any prestation

Answer 11

right

Question 12

act or omission of one party in violation of the legal right.

Answer 12

wrong

Question 13

also used to refer to the wrongful violation of the legal right of another

Answer 13

injury

Question 14

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

Answer 14

real obligation ( obligation to give)

Question 15

Is that in which the subject matter is an act to be done or not to be done

Answer 15

personal obligation (obligation to do or not to do)

Question 16

2 kinds of personal obligation

Answer 16

1. positive obligation (do)

2. negative obligation (not do)

Question 17

ARTICLE 1157.

Answer 17

Obligations arise from:

1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omissions punished by law
5. Quasi-delicts

Question 18

imposed by law itself

Answer 18

law

Question 19

when they arise from the stipulation of the parties

Answer 19

contracts

Question 20

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

Answer 20

Quasi-contracts

Question 21

arise from civil liability which is the consequence of a criminal offense. (Art. 1161)

Answer 21

Acts or omissions punished by law

Question 22

arise from damage caused to another through and act or omission.

Answer 22

Quasi-delicts

Question 23

Sources of obligations

Answer 23

1. Law
2. Private acts
   a. Licit Acts
   b. Illicit Acts

Question 24

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. (1090)

Answer 24

ARTCILE 1158.

Question 25

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

Answer 25

ARTICLE 1159.

Question 26

meeting of minds

Answer 26

contract

Question 27

Means compliance or performance in accordance with the stipulations or terms of the contract or agreement. Sincerity and honesty

Answer 27

compliance in good faith

Question 28

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

Answer 28

ARTICLE 1160.

Question 29

Juridical relation resulting from the lawful, voluntary and unilateral acts by which both parties are tied

Answer 29

Quasi -contract

Question 30

Kinds of quasi-contracts

Answer 30

1. Negotiorum gestio | 2. Solutio Indebiti

Question 31

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 Relation, and of Title XVII of this Book, regulating damages.

Answer 31

ARTICLE 1161.

Question 32

Scope of Civil liability

Answer 32

1. Restitution 2. Reparation for the damage caused 3. Indemnification for consequential damages.

Question 33

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

Answer 33

ARTICLE 1162.

Question 34

Act or an omission by a person (tort feasor) which causes damage to another giving rise to an obligation

Answer 34

Quasi-delict

Question 35

crimes distinguished from quasi-delict

Answer 35

``` no criminal intent purpose in punishment affects public interest criminal and civil liab guilt proven beyond reasonable doubt ```