Oral Recitation (2)

Question 1

Article 1157. Obligation arise from

Answer 1

(1)Law
(2)Contracts
(3)Quasi contracts
(4)Acts or omission punished by law
(5)Quasi delicts

Question 2

(1)Law

Answer 2

When they are imposed by law itself.

Question 3

2. Contracts

Answer 3

When they arise from stipulation of the parties.

Question 4

3. Quasi-Contracts

Answer 4

When they arise from lawful, voluntary, and unilateral apps which are enforceable to the end that no one should be unjustly and rich or benefited at the expense of another.

Question 5

4. Crimes or acts or omission punished by law

Answer 5

When they arise from civil liability which is the consequence of a criminal offense

Question 6

5. Quasi-delicts or torts.

Answer 6

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.

Question 7

Article 1315

Answer 7

Contracts are not perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which according to their nature, may be keeping with good faith, usage and law.

Question 8

Article 1318. There is no contract unless the following requisites concur;

Answer 8

(1)Consent of the contracting parties.
(2)Objects certain which is the subject matter of the contract.
(3)Cause of the obligation which is established.

Question 9

Classes of elements of a contract

Answer 9

1.Essential elements
2.Natural elements 3.Accidental elements

Question 10

1. Essential elements

Answer 10

Or those without which no contract can validly exist regardless of the intentions of the parties.

Question 11

They are also known as requisites of a contract they may be subdivided into:

Answer 11

a. Common
b. Special

Question 12

a. Common

Answer 12

Are those present in all contracts, namely, consent, object, and cost.

Question 13

b. Special

Answer 13

Or those not common to all contracts are those which must be present only in or peculiar to

Question 14

Certain specified contracts and such pelicularity maybe:

Answer 14

(1) as regards to form
(2) as regards the subject matter
(3) as regards the consideration or cost

Question 15

(2)Natural elements

Answer 15

Are those that are presumed to exist in certain contracts unless the contrary is expressly stipulated by the parties.

Question 16

(3) accidental elements

Answer 16

Or the particular stipulations, clauses, terms, or conditions established by the parties in their contract.