Studied by 0 people
Article 1156
An obligation is a juridical necessity to give, to do or not to do.
Obligatio
The term obligation derived from the Latin word _______ which means “tying” or “binding”
Civil Obligations
Based on positive law, these are obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice.
Natural Obligations
Based on equity and natural law, they do not grant a right of action to enforce their performance.
Passive Subject (Debtor or Obligor)
The person who is bound to the fulfillment of the obligation; he who has a duty
Active Subject (Creditor or Obligee)
The person who is entitled to demand the fulfillment of the obligation; he who has a right
Object or Prestation (Subject Matter of the Obligation)
The conduct required to be observed by the debtor. It may consist in giving, doing, or not doing.
Juridical or Legal Tie (Efficient Cause)
Binds or connects the parties to the obligation.
Obligation
Act or performance which the law will enforce.
Right
is the power which a person has under the law, to demand from another any prestation.
Wrong (Cause of Action)
An act or omission of one party in violation of the legal right or rights of another.
Right of Action
The right to commence or maintain an action.
Injury
Illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another.
Damage
The loss, hurt, or harm which results from the injury.
Damages
Denote the sum of money recoverable as amends for the wrongful act or omission.
Real Obligation (Obligation to give)
is that in which the subject matter is a thing which the obligor must deliver to the obligee.
Personal Obligation (Obligation to do or not to do)
is that in which the subject matter is an act to be done or not to be done.
Positive personal obligation
Obligation to do or render service
Negative personal obligation
Obligation not to do
Law
Source of obligations when they are imposed by law itself.
Contracts
Is a meeting of minds between 2 (or more) persons whereby one binds himslef, with respect to the other, to give something or render some service.
Quasi-contracts
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.
Crimes or acts or omissions punished by law
When they arise from civil liability which is the consequence of a criminal offense.
Quasi-delicts or torts
Is an act or omission by a person (tortfeasor) which causes damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between the parties.
Negotiorum Gestio
Voluntary management of the property or affairs of another without the knowledge or consent of the latter.
Solutio Indebiti
is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake.
(1) Restitution
(2) Reparation for the damage caused
(3) Indemnification for consequential damages.
Scope of Civil Liability
Active aspect, passive aspect
When there is right (______ aspect) there is a corresponding obligation (______ aspect)
Note 
Flashcard (201)