Chapter 1, Title 1, OBLIGATIONS

Question 1

Article 1156

Answer 1

An obligation is a juridical necessity to give, to do, and not to do

Question 2

A juridical tie; connotes that in case of noncompliance, there will be legal sanctions.

Answer 2

Juridical Necessity

Question 3

Obligations which give to the creditor or obligee a right of action
in courts of justice to enforce their performance are known as _____.

Answer 3

Civil Obligations

Question 4

It is not being based on positive law but on equity and natural law, and do not
grant a right of action to enforce their performance although in case
of voluntary fulfillment by the debtor, the latter may not recover what
has been delivered or rendered by reason thereof. (Art.* 1423.)

Answer 4

Natural Obligations

Question 5

Essential requisites of an Obligation

Answer 5

• Passive Subject
• Active Subject
• Object / Prestation
• Juridical / Legal tie

Question 6

(Subject matter of the obligation) or the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing. (see Art. 1232.) Without it, there is nothing to perform. In bilateral obligations (see Art. 1191.), the parties are reciprocally debtors and creditors.

Answer 6

Object / Prestation

Question 7

(Called debtor or obligor) or the person who is bound to the fulfillment of the obligation; he who has a duty.

Answer 7

Passive Subject

Question 8

(Also called efficient cause) or that which
binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation. (Art. 1157)

Answer 8

Juridical / Legal tie

Question 9

(Called creditor or obligee) or the person who is entitled to demand the fulfillment of the obligation; he who has a right

Answer 9

Active Subject

Question 10

The sum of money given as compensation for the injury or harm suffered by the obligee for the violation of his
right.

Answer 10

Damages

Question 11

(1) As a general rule, the law does not require any form in obligations arising from contracts for their validity or binding force. (Art. 1356)

(2) Obligations arising from other sources (Art. 1157.) do not have any form at all.

Answer 11

Form of Obligations

Question 12

It is the power which a person has
under the law, to demand from another any prestation.

Answer 12

Right

Question 13

It is the act or performance which the law will enforce.

Answer 13

Obligation

Question 14

Difference between an injury, damage and damages

Answer 14

Injury is the illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another, while damage is the loss, hurt, or harm which results from the injury. On the other
hand, damages denote the sum of money recoverable as amends for
the wrongful act or omission

Damage is the actual physical injury or harm that is suffered. While damages are the monetary or pecuniary compensation that is paid for suffering that injury or harm.

Question 15

According to its legal meaning, is an
act or omission of one party in violation of the legal right or rights of
another, causing injury to the latter.

Answer 15

Wrong

Question 16

A wrongful violation of his legal right
is not suffi cient to entitle a person to sue another in a court of justice for the enforcement or protection of said right.

As a rule, there must be, in addition, loss or damage caused to him by the violation of his right. But except for actual or compensatory damages (Art. 2199.), no
pecuniary proof is necessary in order that moral, nominal, temperate, liquidated, or exemplary damages may be awarded. (Art. 2216.)

Answer 16

Proof of loss for injury

Question 17

Aperson has the right to take all legal steps to enforce his legal and/ or equitable rights.

One who makes use of his legal right does no injury. Qui jure suo utitur mullum damnum facit.

If damage results from avperson’s exercising his legal rights, it is damnum absque injuria (damage without injury).

Answer 17

Liability for damages of a person for exercising his legal rights

Question 18

Kinds of obligation according
to subject matter

Answer 18

Real Obligation and Personal Obligation

Question 19

(Obligation to do or not to do) or that in
which the subject matter is an act to be done or not to be done.

Answer 19

Personal Obligation

Question 20

(Obligation to give) or that in which the subject matter is a thing which the obligor must deliver to the obligee

Answer 20

Real Obligation

Question 21

Art. 3, Civil Code

Answer 21

Ignorance of law excuses no one from compliance therewith

Question 22

An obligation to not do or to render service

Answer 22

Negative personal obligation

Question 23

An obligation to do, or to render service

Answer 23

Positive personal obligation

Question 24

Article 1157

Answer 24

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

Question 25

When they arise form the stipulation of the parties.

Answer 25

Contracts

Question 26

When they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties (Art. 2176.)

Answer 26

Quasi-Delicts or Torts

Question 27

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

Answer 27

Act or omission punished by law ; Delicts

Question 28

When they are imposed by the law itself

Answer 28

Law

Question 29

when they 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 (Art. 2142.)

Answer 29

Quasi-Contracts

Question 30

Article 1158

Answer 30

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)

Question 31

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

Answer 31

Article 1158

Question 32

Refers 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 32

Special Laws

Question 33

Article 1159

Answer 33

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

Question 34

Obligations arising from contracts are governed primarily by the agreement of the contracting parties. Once perfected, valid contracts have the force of law between the parties who are bound to comply therewith in good faith, and neither one may without the consent of the other, renege therefrom.

Answer 34

Binding force

Question 35

As a source of obligation, a contract must be valid and enforceable. (see Art. 1403.) A contract is valid (assuming all the essential elements are present, Art. 1318.) if it is not contrary to law, morals, good customs, public order, and public policy.

Answer 35

Requirement of a valid contract

Question 36

A _______________ takes place when a party fails or refuses to comply, without legal reason or justification, with his obligation under the contract as promised.

Answer 36

Breach of contract

Question 37

It means compliance or perfor- mance in accordance with the stipulations or terms of the contract or agreement. Good faith and fair dealing must be observed to prevent one party from taking unfair advantage over the other. Evasion by a party of legitimate obligations after receiving the benefi ts under the contract would constitute unjust enrichment on his part.

Answer 37

Compliance in good faith

Question 38

Article 1160

Answer 38

Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title 18 of this book.

Question 39

It is that juridical relation resulting from certain 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 benefited at the expense of another. (Art. 2142.)

Answer 39

Quasi-Contract

Question 40

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

Answer 40

Negotiorum gestio

Question 41

is 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.) The obligation to pay money mistakenly paid arises from the moment said payment was made, and not from the time the payee admits the obligation to reimburse.

Answer 41

Solutio indebiti

Question 42

Article 1161

Answer 42

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)

Question 43

Article 1162

Answer 43

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

Question 44

It is an act or omission by a person (tort feasor) 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 no pre-existing contractual relation between the parties. (Art. 2176.)

Answer 44

Quasi-Delict

Question 45

There are 4 requisites before a person can be held liable for quasi-delict

Answer 45

(1) There must be an act or omission by the defendant; (2) There must be fault or negligence of the defendant; (3) There must be damage caused to the plaintiff; (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.