Module 1

Question 1

is a juridical necessity to give, to do or not to do

Answer 1

Obligation

Question 2

Elements of an obligation/Essential Requisites

Answer 2

• Juridical Tie (Vinculum Juris)
• Active Subject
• Passive Subject
• Object

Question 3

which binds the parties to the obligation, and which may arise from either bilateral or unilateral acts of persons

Answer 3

Juridical Tie (Vinculum Juris)

Question 4

known as the oblige or creditor, who can demand the fulfilment of the obligation;

Answer 4

Active subject

Question 5

known as the obligor or debtor, against whom the obligation is juridically demandable;

Answer 5

Passive subject

Question 6

the fact, prestation or service which constitutes the object of the obligation.

Answer 6

Object

Question 7

is sometimes added as a fifth requisite but as a general rule however, it cannot be considered as essential

Answer 7

Form

Question 8

Obligations arise from:

Answer 8

1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or ommissions punished by law/delicts; and
5. Quasi-delicts (Art. 1157).

Question 9

refers to the legal obligations or obligations imposed by specific provisions of law, which means that obligations arising form law are not presumed and that to be demandable must be clearly provided for, expressly or impliedly in the law.

Answer 9

LAW as a source of obligations

Question 10

Examples of LAW as a source of obligations

Answer 10

1. It is the duty of the Spouses to support each other. (Art. 291, New Civil Code)
2. Under the National Internal Revenue Code, it is the duty of every person having an income to pay taxes.

Question 11

have the force of law between the contracting parties because that which is agreed upon in the contract by the parties is the law between them, thus, the agreement should be complied with in good faith.

Answer 11

CONTRACT as a source of obligations

Question 12

is the juridical relation resulting from a lawful, voluntary and unilateral act which has for its purpose the payment of indemnity to the end that no one shall unjustly enrich or benefited at the expense of another.

Answer 12

QUASI-CONTRACTS as a source of obligations

Question 13

(Contact or Quasi-Contract) consent is essential requirement for its validity

Answer 13

Contact

Question 14

(Contact or Quasi-Contract) there is no consent as the same is implied by law;

Answer 14

Quasi-Contract

Question 15

(Contact or Quasi-Contract) a civil obligation

Answer 15

Contact

Question 16

(Contact or Quasi-Contract) a natural obligation

Answer 16

Quasi-Contract

Question 17

Kinds of Quasi-contracts

Answer 17

1. Solutio Indebiti (Payment by mistake)

2. Negotiorum gestio (management of another’s property)

Question 18

acts or omissions punished by law as a source of obligations Acts or omission punished by law

Answer 18

Delict or Felony or Crime

Question 19

Civil liability arising from delicts:

Answer 19

1. Restitution
2. Reparation
3. Indemnification

Question 20

which is the restoration of or returning the object of the crime to the injured party

Answer 20

Restitution

Question 21

which is the payment by the offender of the value of the object of the crime, when such object cannot be returned to the injured party.

Answer 21

Reparation

Question 22

the consequential damages which includes the payment of other damages that may have been caused to the injures party

Answer 22

Indemnification

Question 23

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

Answer 23

QUASI-DELICTS as a source of obligations

Question 24

Requisites of a quasi-delicts:

Answer 24

1. There must be fault of negligence attributable to the offended;
2. There must be damage or injury caused to another;
3. There is no pre-existing contract.

Question 25

Nature of Obligation to Give:

Answer 25

1. A DETERMINATE or SPECIFIC Thing | 2. An INDETERMINATE or GENERIC THING

Question 26

What are the obligations of the person obliged to give a determinate or specific thing?

Answer 26

a. To perform the obligation specifically; b. To take care of the thing with the proper diligence of a good father of a family unless another standard of care is required by law or stipulated by the parties (Art. 1163); c. To deliver all accessions and accessories of the thing although not mentioned (Art. 1166); d. To be liable for damages in case of breach due to delay, fraud, negligence or contravention of tenor thereof (Art. 1170).

Question 27

is the right pertaining to the owner of a thing over its products and whatever is attached thereto either naturally or artificially.

Answer 27

Accession

Question 28

What are the rights of the oblige or creditor in an obligation to give a determinate/specific thing?

Answer 28

a. To compel specific performance with right to be indemnified for damages (Art. 1165); b. To the fruits of the thing from the time the obligation to deliver it arises (Art. 1164); c. If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, the creditor has the right to hold the obligor responsible for any fortuitous event until the latter has effected the delivery (Art. 1164 Par. 3); d. To demand rescission of the obligation with right to recover damages, should the obligation be reciprocal; and e. To demand payment of damages (Art.1170).

Question 29

What are the duties of a debtor in an obligation to give an indeterminate or generic thing?

Answer 29

a. To deliver a thing which is neither of superior nor inferior quality (Art. 1246); and b. To be liable for damages in case of breach due to delay, fraud, negligence or contravention of the tenor thereof (Art. 1170).

Question 30

What are the rights of the creditor in an obligation to give an indeterminate or generic thing?

Answer 30

a. To ask for performance of the obligation; b. To ask that the obligation be complied with at the expense of the debtor (Art. 1165 Par. 2); and c. To recover damages in case of breach of obligation (Art. 1170).

Question 31

Natures of OBLIGATION TO DO OR NOT TO DO:

Answer 31

1. POSITIVE PERSONAL OBLIGATION | 2. NEGATIVE PERSONAL OBLIGATION

Question 32

If the person obliged to do something fails to perform the obligation, or does it in contravention of the tenor of the obligation, what are the rights of the obligee?

Answer 32

The obligee has the right: a. To have the same executed at the cost of the obligor (Substitute Performance); b. He may ask that it may be decreed, that what has been poorly done be undone (Art. 1167); and c. To recover damages because of breach of the obligation (Art. 1170) Note: Unlike obligations to give, in obligations to do the obligee does not possess the power to compel the obligor to comply with his obligation.

Question 33

When the obligation consists in not doing, and the obligor does what has been forbidden, what is the remedy of the obligee?

Answer 33

The obligee has the right: a. To have the same undone at the expense of the obligor (Art. 1168); and b. To ask for damages because of breach of obligation (Art. 1170).

Question 34

What are the kinds of Default?

Answer 34

a. Mora Solvendi b. Mora Accipiendi c. Compensatio Morae

Question 35

delay of the debtor to perform his obligation

Answer 35

Mora Solvendi

Question 36

delays in obligation to give

Answer 36

Ex re-Mora Solvendi

Question 37

delays in obligations to do

Answer 37

Ex persona-Mora Solvendi

Question 38

delay of the creditor in accepting delivery of the thing which is object of the obligation.

Answer 38

Mora Accipiendi

Question 39

delay of the parties or obligors in reciprocal obligations.

Answer 39

Compensation Morae

Question 40

There is no default unless the creditors make a

Answer 40

demand