3 general provisions

obligation

• derived from obligatio meaning tying/binding

• tie of law by virtue of which one is bound in favor of another to render smth (to give, do, or not do)

• legal relation made by one party and another where latter is bound to fulfill what the former demands

• act or performance which the law will enforce

• if there’s non-compliance, justice courts can be called to enforce obligation’s fulfillment.

meaning of juridical necessity

1. passive subject

2. active subject

3. object/prestation

4. juridical/legal tie

list the 4 essential elements (requisites) of obligation

1. passive subject - debtor or obligor has the duty

2. active subject - creditor or obligee demands the duty

3. prestation/object - subject matter of obligation

4. legal tie - connects the parties to the obligation

what are the requisites of obligation? explain each of them

debtor or obligor

• part of 4 requisites of obligation

• does the duty of obligation/fulfillment of obligation

creditor or obligee

• part of 4 requisites of obligation

• demands the duty of obligation; has a right

object/prestation

• part of 4 requisites of obligation

• subject matter of obligation

juridical/legal tie

• part of 4 requisites of obligation

• binds the parties to the obligation

obligatio means tying/binding

latin word where obligation came from and what does it mean

right

power which a person has under the law, to demand from another any prestation/object (subject matter of obligation)

wrong (cause of action)

act/omission of one party in violation of the legal right/s of another, causing injury to the latter (include parenthesis)

real obligation and personal obligation

what are the 2 kinds of obligation acc. to subject matter

real obligation

• obligation acc. to prestation

• subject matter is a thing which the debtor/obligor must deliver to the creditor/obligee (obli to give)

personal obligation

• 2 kinds of obli acc. to subject matter

• prestation is an act to be done or not to be done (obli to do or not to do)

positive and negative personal obligation

2 kinds of personal obligation

positive personal obli is the obli to do while negative personal obli is the obli not to do smth

differentiate positive and negative personal obli

law, contracts, quasi-contracts, crimes, quasi-delicts

5 sources of obligation

law

• 5 sources of obligations

• when they are imposed by the law itself

contracts

• 5 sources of obligations

• when they arise from the stipulation of the parties

• voluntary agreements

  • e.g. obligation to repay a loan by virtue of an agreement

quasi-contracts

• 5 sources of obligations

• when they are arise from lawful, voluntary, and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another

  • e.g. obligation to return money paid by mistake

crimes

• 5 sources of obligations

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

quasi-delicts

• 5 sources of obligations

• when they are arise from damage caused to another through an act, there being fault/negligence, but no contractual relation exists between the parties

  • e.g. obligation of pet owner to answer for damages of their pet

legal obligations

• obligations arising from law

• burden upon obligor; exception

• must be clearly set forth in the law

special laws

• all other laws not contained in Civil code

• e.g. corpo code, negotiable instruments law, revised penal code, national internal revenue code, labor code

contractual obligations

• obligations arising from contracts (one party binds to the other to give smth

compliance in good faith

Good faith and fair dealing must be observed to prevent one party from taking unfair advantage over the other. Evasion by a party of legitimate obligations after receiving the benefits under the contract would constitute unjust enrichment on his part.

no, quasi-contracts aren’t contracts since there isn’t a formal agreement.

are quasi contract considered contracts? Y/N why?

negotiorum gestio

• kinds quasi-contracts

• voluntary mgt of the property of another w/o the knowledge or consent of the latter

  • e.g. taking in a wandering owned dog in the streets

solutio indebiti

• kind of quasi-contract

• juridical relation when

  • smth is received when there is no right to demand it

  • duly undelivered by mistake

    • e.g. gcash sent to your number by mistake

no one shall enrich himself unjustly at the expense of another

what principle is quasi contract of solutio indebiti based on?

1. restitution

2. reparation for the dmg caused

3. indemnification for consequential dmges

scope of civil liability

yes

can a person not criminally responsible be liable civily? y/n

no enforced civil liability

what happens with crimes that don’t cause material dmg?

gcash money mistakenly sent to my phone no. when it was supposed to be for my friend.

solutio indebiti 1 example

1. act by defendent

2. fault of defendent

3. dmg cause to the plaintiff

4. direction relation of cause and effect between the act and damage

5. no pre-existing contractual relation between parties

5 requisites of quasi-delict

1. criminal intent, negligence

2. affects public interest, private interest

3. both criminal and civil liabilities, only civil liability

4. purpose is punishment, indemnification of offended party

5. accused proven guilty, defendant’s negligence proven

distinctions between crime vs quasi-deficts (use comma to separate definitions of them)