WEEK 4

Article 1156

The obligation referred to in the above article is a civil obligation, meaning, only those obligations which if not performed by one party, the other party may go to court to enforce the obligation or simply to hold such person to pay for damages.

Passive Subjects

otherwise known as the obligor or debtor, is the person who has the duty to fulfil the obligation or the prestation.

Active subject

is the person who has the power to demand the fulfilment of the obligation; he is sometimes called the creditor or obligee.

Presentation

is the object of the obligation either to give, to do, or not to do.

Juridical Tie

is the vinculum or that which binds the debtor and creditor.

Law

obligations arising from law are not presumed only those obligations expressly determined by law are demandable.

Contracts

Under article 1305, Contract is a meeting of the minds whereby one binds himself with respect to other to give something or render some services.

Quasi Contracts

This source of obligation is based on the principle of unjust enrichment, meaning no one shall be enriched at the expense of the other.

Acts or omission punishable by law

Under the Revised Penal Code of the Philippines, any person criminally liable is also civilly liable. The civil liability pertains to the damages that must be paid arising from the offense committed

Quasi Delicts

Under the Civil Code, whoever will cause damage or injury to another due to fault or negligence, there being no pre-existing contractual obligation, shall be held liable for damages.