Chapter 1 Flashcards
(38 cards)
Article 1156
An obligation is a juridical necessity to give, to do or not to do.
An obligation is a juridical necessity to give, to do or not to do.
Article 1156
Concept of Obligations
(Sanchez Roman)
Juridical necessity to comply with a prestation.
Concept of Obligations
(Manresa)
Legal relation established between one person and another, whereby the latter is bound to the fulfillment of a prestation which the former may demand from him.
Civil obligation
Gives to the obligee or creditor the right of enforcing it against the obligor or debtor in a court of justice.
Natural obligation
Cannot be enforced by court action.
Civil obligation is based on
Positive law
Natural obligation is based on
Equity and natural law
Requisites of Obligations
(1) juridical or legal tie
-bilateral
-unilateral
(2) active subject
(3) passive subject
(4) fact, prestation or service
As a general rule, the form of the obligation is not an essential element/requisite.
Except
(1) donation of personal property whose value exceeds P5,000.00
(2) sale of a piece of land or any interest therein through an agent
(3) Interests in a contract of simple loan or
mutuum
(4) antichresis, principal amount and interest be specified in writing
(5) Donation of immovable property
(6) contribution of immovable property or real rights to common fund (partnership)
(7) Chattel Mortgage
(8) sale or transfer of large cattle
Classification of obligations (primary)
(1) Pure and conditional
(2) With a period
(3) Alternative and facultative
(4) Joint and solidary
(5) Divisible and indivisible
(6) With a penal clause
Classification of obligations (secondary)
(1) Legal, conventional and penal
(2) Real and personal
(3) Determinate and generic
(4) Positive and negative
(5) Unilateral and bilateral
(6) Individual and collective
(7) Accessory and principal
Classification of obligations (Sanchez Roman)
(1) As to juridical quality
(a) Natural
(b) Civil
(c) Mixed
Classification of obligations (Sanchez Roman)
(2) As to parties
(a) Unilateral and bilateral
(b) Individual and collective
Classification of obligations (Sanchez Roman)
(3) As to object
(a) Determinate and generic
(b) Simple and multiple
(c) Positive and negative
(d) Real and personal
(e) Possible and impossible
(f) Divisible and indivisible
(g) Principal and accessory
Classification of obligations (Sanchez Roman)
(4) As to perfection and extinguishment
(a) Pure
(b) Conditional
(c) With a term or period
(a plazo)
Article 1157
Obligations arise from:
- Law;
- Contracts;
- Quasi-contracts;
- Acts or omissions punished by law; and
- Quasi-delicts.
Obligations arise from:
- Law;
- Contracts;
- Quasi-contracts;
- Acts or omissions punished by law; and
- Quasi-delicts.
Article 1157
The addition of ______ has been criticized as theoretically erroneous.
law or lege
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.
Article 1158
Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Article 1159
Meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Contract
Contracts perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all of the consequences which according to their nature maybe in keeping with good faith, usage and law.
Consensual contracts
Perfected upon the delivery of the obligation such as deposit, pledge and commodatum.
Real contracts
