Title I - Obligations Chapter 1: General Provisions

Question 1

Article 1156

Answer 1

An obligation is a juridical necessity to give, to do, or not to do.

Question 2

Meaning of Obligation

Obligation -

Answer 2

is derived from the Latin word obligatio which means tying or binding.

Question 3

Meaning of Juridical Necessity

Obligation -

Answer 3

is referred to as a juridical necessity because non-fulfillment of which will give rise to a right of action.

Question 4

Nature of Obligations Under the Civil Code

Answer 4

Civil obligations

Natural obligations

Question 5

Nature of Obligations Under the Civil Code

Civil obligations

Answer 5

• Obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice.

Question 6

Nature of Obligations Under the Civil Code

Natural obligations

Answer 6

• Obligations that 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.

Question 7

Essential Requisites of an Obligation

Answer 7

• Passive subject (called debtor or obligor)
• Active subject (called creditor or obligee)
• Object or prestation (subject matter of the obligation)
• Juridical or legal tie (also called the efficient cause or vinculum juris)

Question 8

• Passive subject

Answer 8

(called debtor or obligor)

Question 9

• Active subject

Answer 9

(called creditor or obligee)

Question 10

• Object or prestation

Answer 10

(subject matter of the obligation)

Question 11

• Juridical or legal tie

Answer 11

(also called the efficient cause or vinculum juris)

Question 12

Essential Requisites of an Obligation
Example:
Under a building contract, X bound himself to build a house for Y for 1,000,000, determine the essential requisites of obligation in this situation

Answer 12

X is the passive subject.
Y is the active subject.
The building of the house is the object or prestation.
The agreement or contract, which is the source of the obligation, is the juridical tie.

Question 13

Obligation (w/ right and wrong)

Answer 13

is the act or performance which the law will enforce.

Question 14

Right

Answer 14

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

Question 15

Wrong

Answer 15

(cause of action) is an act or omission in violation of the legal right or rights of another.

Question 16

Kinds of Obligations According to Subject Matter

Answer 16

Real obligation (obligation to give) 
Personal obligation (obligation to do or not to do)

Question 17

Real obligation (obligation to give)

Answer 17

is that in which the subject matter is a thing which the obligor must deliver to the obligee.

Question 18

Personal obligation (obligation to do or not to do)

Answer 18

is that in which the subject matter is an act to be done or not to be done.

Question 19

Two Kinds of Personal Obligation

Positive personal obligation is

Answer 19

the obligation to do or to render service.

Question 20

Two Kinds of Personal Obligation

Negative personal obligation is

Answer 20

the obligation not to do (which naturally includes obligations “not to give”).

Question 21

Sources of Obligations

Article 1157:

Answer 21

Law
Contracts
Quasi-Contracts
Crime Delicts
Quasi-Delicts/ Culpa Aquiliana

Question 22

Article 1157:
1. Law -
Example

Answer 22

when they are imposed by law itself.
Examples:
Obligation to pay
Obligation to pay taxes

Question 23

2. Contracts -

Example

Answer 23

when they arise from the stipulation of the parties (Art. 1306)
Example:
The obligation to repay a loan or indebtedness by virtue of an agreement

Question 24

3. Quasi-contracts -

Example

Answer 24

when they arise from lawful, voluntary, and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another. (Art. 2142)
Example:
The obligation to return money paid by mistake or which is not due.

Question 25

4. Crimes or acts or omissions punished by law | Example

Answer 25

when they arise from civil liability which is the consequence of a criminal offense (Art. 1161) Example The obligation of a thief to return the car stolen by him; the duty of a killer to indemnify the heirs of his victim.

Question 26

5. Quasi-delicts or torts or Culpa Aquiliana - | Example

Answer 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) Example: The obligation of the head of a family that lives in a building or part thereof to answer for damages caused by things thrown or falling from the same (Art. 2193)

Question 27

Art. 1158 Special laws refer to Example

Answer 27

``` all other laws not contained in Civil Code. Examples Corporation Code Negotiable Instruments Law Insurance Code National Internal Revenue Code Revised Penal Code Labor Code ```

Question 28

Art. 1159 Contractual Obligations Contract is a meeting of

Answer 28

minds between two persons whereby one binds himself with respect to the other to give something or to render some service (Art. 1305)

Question 29

Art. 1159 Contractual Obligations Binding force of a contract Obligations arising from contracts have the force of

Answer 29

law between the contracting parties. As a source of enforceable obligation, contract must be valid and it cannot be valid if it is against the law.

Question 30

Requirement of a Valid Contract. | A contract is valid (assuming all the essential elements are present; Art. 1318) if it is not

Answer 30

contrary to law, morals, good customs, public order, and public policy.

Question 31

Requirement of a Valid Contract. | It is invalid or void if it is contrary to

Answer 31

law, morals, good customs, public order, or public policy (Art. 1306)

Question 32

Compliance in Good Faith | Compliance or performance of an obligation strictly in accordance with

Answer 32

the stipulations or terms or conditions as laid in the contract or agreement.

Question 33

Compliance in Good Faith Example: If S agrees to sell his house to B and B agrees to buy the house S, voluntarily and willingly, then they are bound by the terms of their contract and neither party may, upon his own will, and without any justifiable reason, withdraw from the contract or escape from his obligations thereunder.

Answer 33

That which is agreed upon in the contract is the law between S and B and must be complied with in good faith.

Question 34

Art, 1160 | Kinds of Quasi-Contracts

Answer 34

Negotiorum gestio | Solutio in debiti

Question 35

Negotiorum gestio is the

Answer 35

voluntary management of the property or affairs of another without the knowledge or consent of the latter.

Question 36

Solutio in debiti is the | The requisites are:

Answer 36

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 requisites are: a. There is no right to receive the thing delivered; and b. The thing was delivered through mistake.

Question 37

Art. 1161 | Scope of Civil Liability

Answer 37

1. Restitution 2. Reparation for damage caused 3. Indemnification for the consequential damages

Question 38

Scope of Civil Liability Example: X stole the car of Y. If X is convicted, the court will order X to:

Answer 38

1. Return the car or to pay its value if it was lost or destroyed; 2. Pay for any damage caused to the car; and 3. Pay such other damages suffered by Y as a consequence of the crime.

Question 39

``` Art. 1162 Requisites of Quasi-delict There must be an There must be There must be There must be a There is no ```

Answer 39

- act or omission - fault or negligence - damage caused - direct relation or connection of cause and effect between the act or omission and the damage. - pre-existing contractual relation between the parties.

Question 40

Crime Distinguished from Quasi-delict | Negligence

Answer 40

Crime - There is criminal or malicious intent or criminal negligence Quasi-delict - There is only negligence

Question 41

Crime Distinguished from Quasi-delict | Purpose

Answer 41

Crime - The purpose is punishment | Quasi-delict - The purpose is indemnification of the offended party

Question 42

Crime Distinguished from Quasi-delict | Interest

Answer 42

Crime - Affects public interest | Quasi-delict - Concerns private interest

Question 43

Crime Distinguished from Quasi-delict | Liability

Answer 43

Crime - There are generally two liabilities, criminal, and civil. Quasi-delict - There is only civil liability

Question 44

Crime Distinguished from Quasi-delict | Liability 2

Answer 44

Crime - Criminal liability cannot be compromised or settled by the parties themselves. Quasi-delict - Liability for quasi-delict can be compromised as any other civil liability.

Question 45

Crime Distinguished from Quasi-delict | The last one

Answer 45

Crime - The guilt of the accused must be proved beyond a reasonable doubt. Quasi-delict - The fault or negligence of the defendant need only be proved by a preponderance of evidence