Chapter 1 General Provisions Flashcards
(27 cards)
1156
An obligation is a juridical necessity to give, to do, or not to do.
Obligation
duty of a
person (obligor) to satisfy a specific demandable
claim of another person (obligee) which, if breached,
is enforceable in court
connotes that in case of
noncompliance, there will be legal sanctions.
Juridical necessity
sum of money given as a compensation for the
injury or harm suffered by the obligee for the violation of his
right
Damages
the obligation to give
Real obligation
the obligation to
do or not to do (e.g. the duty to paint a
house, or to refrain from committing a
nuisance)
Personal Obligation
the obligation to do
Positive Personal Obligation
the obligation not
to do (which naturally inludes not to give)
Negative Personal Obligation
wrongful act or omission which causes loss
or harm to another
Injury
An obligation is a juridical necessity to give, to
do, or not to do.
1156
1157
Obligation arises from – (1) law; (2) contracts;
(3) quasi-contracts; (4) acts or omissions punished by
law; (5) quasi-delicts.
Obligation arises from – (1) law; (2) contracts;
(3) quasi-contracts; (4) acts or omissions punished by
law; (5) quasi-delicts.
1157
Law 1158
imposed by law itself; must
be expressly or impliedly set forth and cannot be presumed
Contracts 1159
arise from
stipulations of the parties: meeting of the minds / formal
agreement
- must be complied with in good faith because it is the “law”
Quasi-contracts 1160
arise from lawful, voluntary and unilateral acts and which are
enforceable to the end that no one shall be unjustly enriched
or benefited at the expense of another
Delicts 1161
arise
from civil liability which is the consequence of a criminal
offense
Quasi-delicts 1162
arise from damage caused to another
through an act or omission, there being no fault or
negligence, but no contractual relation exists between the
parties
Obligations from law are not presumed. Only
those (1) expressly determined in this code or (2) 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
code
1158
Obligations arising from contracts have the force
of law between the contracting parties and should be
complied with in good faith.
1159
Obligations derived from quasi-contracts shall be
subject to the provisions of chapter 1, title 17 of this
book.
1160
juridical relation
which takes place when somebody
voluntarily manages the property affairs of
another without the knowledge or consent
of the latter; owner shall reimburse the
gestor for necessary and useful expenses
incurred by the latter for the performance of
his function as gestor.
NEGOTIORUM GESTIO
something is received when there is no right to demand it and it
was unduly delivered through mistake;
obligation to return the thing arises on the
part of the recipient. (e.g. If I let a
storekeeper change my P500 bill and by
error he gives me P560, I have the duty to
return the extra P60)
SOLUTIO INDEBITI
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 in Human
Relations, and of Title 18 of this book, regulating
damages.
1161
restoration of property
previously taken away; the thing itself shall
be restored, even though it be found in the
possession of a third person who has
acquired it by lawful means, saving to the
latter his action against the proper person
who may be liable to him.
Restitution