Civil liability-obligations

Question 1

• Legal responsibility for the payment to an agreed third-party due to the violation of civil law
• Liability imposed by the court against a person who violates the civil law

Answer 1

CIVIL LIABILITY

Question 2

law concerning individual relations, properties, business, personal dealings, etc., and their interaction with each other

Answer 2

Civil Law

Question 3

Comes with monetary compensation instead of imprisonment like in criminal law

Answer 3

Civil Law

Question 4

Deals more on private individuals and has nothing to do with the state or government

Answer 4

Civil Law

Question 5

1. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith (Human Relations)
2. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages (fraud, negligence, delays)
3. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that were the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted

Answer 5

LEGAL BASIS OF CIVIL LIABILITY

Question 6

In cases of fraud, bad faith, malice, or wanton (improper) attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation

Answer 6

LEGAL BASIS OF CIVIL LIABILITY

Question 7

extinguished in the same manner as other obligations

Answer 7

EXTINCTION OF CIVIL LIABILITY

Question 8

the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence, or any other reason

Answer 8

Obligation to Satisfy Civil Liability

Question 9

In short, persons with criminal offenses shall still pay civil liability after serving time in imprisonment

Answer 9

Obligation to Satisfy Civil Liability

Question 10

forgiveness of a criminal offense granted by the head of the state or President; amnesty is before judgment, pardon is after judgment;

civil liability is still present

Answer 10

Amnesty/Pardon

Question 11

A juridical necessity to give, to do, or not to do

Answer 11

OBLIGATIONS

Question 12

• Obligations arising 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

Answer 12

Law

Question 13

• Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith
• stipulations of the contract by the parties must not be contrary to law, morality, good customs, public order, and public policy

Answer 13

Contracts

Question 14

• deals with what is right and what is wrong
• Norms of good and right conduct
• Governs the private personal interactions of people

Answer 14

Morality

Question 15

governs the professional interactions of people

Answer 15

Ethics

Question 16

generally accepted principles of morality which have received some social and practical recognition in the community for so long

Answer 16

Good Customs

Question 17

the safety and order of the community in order to maintain peace; examples are obeying traffic rules

Answer 17

Public Order

Question 18

• a good ________ seeks to define issues and implement strategies to produce positive results for the general public
• System of law or regulatory measures to make the society lead a better life and to maintain delivery of goods and services

Answer 18

Public Policy

Question 19

“no one shall be unjustly enriched or benefited at the expense of another”

Answer 19

Quasi-contracts

Question 20

giving rise to an obligation to deliver a thing or render a service

Answer 20

Quasi-contracts

Question 21

A presumptive consent as basis of quasi-contract giving rise to an obligation to deliver a thing or render a service

Answer 21

Quasi-contracts

Question 22

also termed as solutio indebita

Answer 22

Quasi-contracts

Question 23

Every person criminally liable for a felony is also civilly liable and therefore becomes obligated to the person he has wronged

Answer 23

Acts or Omissions Punishable by Law (Delicts)

Question 24

Whoever by act of omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done

Answer 24

Quasi-Delicts (TORTS)

Question 25

Such fault or negligence, if there is no pre-existing contractual relation between the parties

Answer 25

Quasi-Delicts (TORTS)

Question 26

**Dental negligence** falls under this category, wherein there is no intent but still caused damage

Answer 26

Quasi-Delicts (TORTS)

Question 27

* The performance of this obligation does not depend upon a condition * Is demandable at once ## Footnote Example: patient’s payment to dental service

Answer 27

Pure Obligation

Question 28

The acquisition/extinguishment of rights shall depend upon the happening of the event which constitutes the condition

Answer 28

Conditional Obligation

Question 29

that which gives birth to the obligation; obligation happens only upon the happening of this event

Answer 29

Suspensive Condition

Question 30

that which results to the loss or extinguishment of an obligation

Answer 30

Resolutory Condition

Question 31

Obligations for whose fulfillment a certain day that has been fixed, shall be demandable only when that day comes

Answer 31

Obligation with a Period

Question 32

* A person alternatively bound by different prestations shall completely perform one of them * The creditor cannot be compelled to receive part of one and part of the other undertaking * The right of choice belongs to the debtor unless it has been granted to the creditor

Answer 32

Alternative Obligations

Question 33

“to each his own”; kaniya-kaniyan bayad; pro-rata, proportionate

Answer 33

Joint Obligations

Question 34

“one for all, all for one”; joint and several, in solidum, individually and collectively, each will pay the whole value

Answer 34

Solidary Obligations

Question 35

Obligations to give definite things and those which are not susceptible of partial performance

Answer 35

Indivisible Obligation

Question 36

Delivery or performance is susceptible of division or partial performance

Answer 36

Divisible Obligation

Question 37

* In obligations with a penal clause, the penalty shall substitute the indemnity for damages * Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation

Answer 37

. Obligations with a Penal Clause

Question 38

an accessory obligation to assume the responsibility if there is non-performance

Answer 38

Penal Clause

Question 39

one which gives a right of action to compel their performance; all contracts are civil obligations

Answer 39

Civil Obligations

Question 40

* not based on positive law but on equity and natural law * Do not grant a right of action to enforce its performance * Voluntary

Answer 40

Natural Obligations

Question 41

means the realization of the purpose of the obligation

Answer 41

PERFORMANCE OF AN OBLIGATION

Question 42

In the obligation “to give”, there is performance upon the delivery of the thing itself, and if the thing to deliver is a specific thing, the obligee has the right to compel the obligor to deliver no other than the specific thing

Answer 42

PERFORMANCE OF AN OBLIGATION

Question 43

In the prestation “to do”, if a person obliged to do something fails to do it, it shall be executed at his cost

Answer 43

PERFORMANCE OF AN OBLIGATION

Question 44

CAUSES OF NON-PERFORMANCE OF OBLIGATION

Answer 44

1. Voluntary Non-performance of Obligation 2. Involuntary Non-performance or Non-performance due to Fortuitious events or Force Majeure (acts of God)

Question 45

events which could not be foreseen, or which though foreseen, were inevitable

Answer 45

Fortuitious events

Question 46

acts of God like natural disasters (flood, typhoon, landslide, etc.)

Answer 46

Force Majeure

Question 47

REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS

Answer 47

1. The cause of the event must be something beyond the control of man i.e. earthquake 2. Must not be foreseen, or even if foreseen, is inevitable i.e., typhoon, fire 3. Because of the occurrence of this event, the debtor is rendered helpless or incapable of performing his obligation in a normal way 4. Obligor or debtor must not have been guilty of contributory negligence and must not have participated in the aggravation of the damage done

Question 48

Delay in Obligation

Answer 48

* Time of delivery or time of service is the controlling motive of the contract * Demand would be useless * In this case, fortuitious event is not an excuse * Delay = damage

Question 49

Reciprocal Obligation

Answer 49

* Both parties have obligations to perform * Neither party incur in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him * From the moment one of the parties fulfills his obligations, delay by the other begins

Question 50

after payment, obligation is extinguished

Answer 50

By Payment or Performance

Question 51

if the thing due is lost due to fortuitious event, it is not your negligence

Answer 51

By the Loss of the Thing due

Question 52

* condonation or remission is essentially gratuitous, and requires the acceptance by the obligor * It may be made expressly or impliedly * Express condonation requires the compliance with forms of donations * Basically means to forgive or to forget debt

Answer 52

By the Condonation or Remission of the Deb

Question 53

* The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person * The enforcement of the obligation becomes impossible

Answer 53

By the Confusion or Merger of the Rights of Creditor and Debtor

Question 54

shall take place when two persons, in their own right, are creditors and debtors to each other

Answer 54

By Compensation

Question 55

a juridical act of dual function in that at the time it extinguishes an obligation, it creates a new one in lieu of the old

Answer 55

Novation

Question 56

Obligations may be modified by:

Answer 56

* Changing the object or principal conditions of an obligation * Changing the parties