Obligation Flashcards
(13 cards)
Definition
Art. 1156. An _______ a juridical necessity to give, to do or not to do.
Obligation
Definition
In case of non-compliance, the courts may be called upon by the aggrieved party to enforce the fulfillment of the obligation
juridical necessity
4 Requisites
What are the requisites for an obligation to exist?
Active Subject
Passive Subject
Juridical Tie
Object
4 Requisites
Other names for active subject and its definition
Creditor, Obligee, Plaintiff
party who has the right and power to demand
4 Requisites
Other names for passive subject and its definition
Debtor, Obligor, defendant
Party who has the juridical necessity of adjusting huis conduct to the demand
4 Requisites
Other name for juridical tie, its definition, and examples
efficient cause, legal tie, vinculum juris, sources of obligation
binds the parties to the obligation
relation established by:
law
contract
quasi-contract- negotiorum gestio and solution indebiti
quasi-delict or culpa aquiliana or tort
crime or delict
4 Requisites
Other name for object, its definition, and 3 requisites
Fact, Prestation, or service
promise or particular conduct to be performed in the fulfillment or rendition of the obligation (give, to do, not to do)
Requisites:
1. physically and juridically possible
2. determinate, or, at least, determinable according to pre-established criteria.
3. must have possible equivalent in money.
Kinds of obligation as to basis and enforceability
two kinds obligation as to basis and enforceability
Civil obligation
Natural obligation
Obligation described in Article 1156
Civil obligation
The juridical relation, created by virtue of certain facts, between two or more persons, whereby one of them, known as the creditor or oblige, may demand of the other, known as the debtor or obligator, a definite prestation.
Civil obligation
A juridical relation whereby a person called the creditor may demand from another person called the debtor the observance of a determinate conducts, and in case of breach may obtain satisfaction from the assets of the latter.
Civil obligation
Distinction between civil and natural obligation
as to binding force
Civil - positive law or substantive law
*positive law = state law/municipal law/civil law/imperative law
law promulgated by the state
*substantive law= classification of law as to purpose
the portion of the body of law creating, defining, and regulating rights and duties which may be either public or private in character.
Distinction between civil and natural obligation
as to enforceability
Civil
