CHAPTER 1 - GENERAL PROVISIONS - ART 1156-1162

Question 1

Is the body of rules which deals with the nature and sources of obligations and the right and duties arising from agreements and the particular contracts

Answer 1

LAW ON OBLIGATIONS AND CONTRACTS

Question 2

Where can we find the Law on Obligations and contracts?

Answer 2

Found in the civil code of the Philippines

Question 3

What R.A and when does it became approved?

Answer 3

Approved as Republic Act NO. 386 on June 18, 1949

Question 4

It is divided as how many books?

Answer 4

It is divided into (4) books

Question 5

What is the conclusive presumption of knowledge of law?

Answer 5

Ignorance of law excuses no one from compliance therewith (Art.3)

Question 6

What Doctrine of Principle pertains to law as harsh?

Answer 6

Dura Lex Sed Lex

Question 7

Is a juridical necessity to give, to do, or not to do.

Answer 7

Obligation

Question 8

In case of noncompliance, courts of justice may be called upon for its fulfillment

Answer 8

Juridical Necessity

Question 9

Gives the creditor or obligee the right to enforce performance (demandable)

Answer 9

Civil Obligations

Question 10

Based on equity or natural law and not base on positive law (Art. 1423

Answer 10

Natural Obligations

Question 11

Also called debtor or obligor. It is the person bound to the fulfillment of the obligation and the person who has the duty to give, to do, or not to do

Answer 11

Passive Subject

Question 12

Also called creditor or obligee, the person entitled to demand fulfillment

Answer 12

Active Subject

Question 13

The giving, doing, or not doing

Answer 13

Object or Prestation

Question 14

Also called efficient cause, it bind or concerns the parties to the obligation

Answer 14

Juridical or Legal Tie

Question 15

Give the two forms of Obligations

Answer 15

Oral or Writing/ Partly oral and partly writing

Question 16

General Rule in terms of valid contracts or the ART. 1356

Answer 16

The law does not require any form for obligations arising from contracts for their validity or binding force

Question 17

The power to demand from another any prestation

Answer 17

Rights

Question 18

Act or omission of one party in violation of legal rights or rights of another.

Answer 18

Legal Wrong/ Cause of action

Question 19

Two Kinds of Obligation

Answer 19

Personal and Real Obligations

Question 20

What kind of obligation is obligation to give?

Answer 20

Real Obligation

Question 21

What kind of obligation is obligation to do or not to do?

Answer 21

Personal Obligation

Question 22

What kind of obligation is the obligation to do or render service?

Answer 22

Positive Personal Obligation

Question 23

What kind of obligation is the obligation not to do or not to violate?

Answer 23

Negative Personal obligation

Question 24

What are the sources of obligations under Art. 1157?

Answer 24

Law, Contracts, Quasi-contracts, Acts or omissions punishable by law and Quasi-Delicts

Question 25

A rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit

Answer 25

Law

Question 26

What does Art. 1158 says?

Answer 26

Obligations derived from law are not presumed. Only those expressly determined in the Civil 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 on Obligations.

Question 27

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

Answer 27

Contracts

Question 28

What does Article 1159 says?

Answer 28

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

Question 29

They refer to certain lawful, voluntary and unilateral acts giving rise to a juridical relation to the end that no one shall be unjustly enriched at the expense of another. (Art. 2142)

Answer 29

Quasi- Contracts

Question 30

This refers to the voluntary administration of the property, business or affairs of another without his consent or authority. It creates the obligation to reimburse the gestor or officious manager for necessary and useful expenses. (Art. 2150)

Answer 30

Negotiorum Gestio

Question 31

This refers to payment by mistake of an obligation which was not due when paid. It creates the obligation to return the payment. (Art. 2154)

Answer 31

Solutio Indebiti

Question 32

These are crimes or felonies. The commission of a crime makes the offender civilly liable. (Art. 100, Revised Penal Code.)

Answer 32

Acts or omissions punishable by law (delicts or crimes)

Question 33

What are the three civil liabilities?

Answer 33

Resitution, Reparation of the damaged caused and Indemnification for consequential damages

Question 34

Civil liabilities under 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.

Answer 34

Resitution

Question 35

Civil Liabilities under the court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly.

Answer 35

Reparation of the damages caused

Question 36

Civil liabilities which includes not only those caused the injured party, and reparation shall be made accordingly.

Answer 36

Indemnification for consequential damages

Question 37

These are acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between the parties.

Answer 37

Quasi Delicts

Question 38

Also known as torts or culpa aquiliana

Answer 38

Quasi Delicts

Question 39

Requisites or Elements of an Obligation

Answer 39

Passive Subject, Active Subject, Object or Prestation, Juridical or Legal Tie