title 1: obligations, chap 1: gen provisions

ARTICLE 1156

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

a juridical necessity to give, to do or not to do.

obligation

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

• it is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something — and this may consist in giving a thing, doing a certain act, or not doing a certain act.

obligation

obligatio

tying or binding

he who has the duty of giving, doing, or not

doing

debtor or obligor

he who has the right to the performance of the obligation

creditor or obligee

the sum of money given as a compensation for the injury or harm suffered by the creditor or obligee

damages

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

civil obligations

Obligations not being based on positive law but on equity and natural law, 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.

natural obligations

Essential requisites of an obligation: (4)

1. A passive subject (called debtor or obligor)

2. An active subject (called creditor or obligee)

3. Object or prestation (subject matter of the obligation)

4. A juridical or legal tie (also called efficient clause)

the person who is bound to the fulfillment of the obligation; he who has a duty

a passive subject (called debtor or obligor)

the person who is entitled to demand the fulfillment of the obligation; he who has a right

an active subject (called creditor or obligee)

• the conduct required to be observed by the debtor.

• It may consist in giving, doing, or not doing.

• Without this, there is nothing to perform.

object or prestation (subject matter of the obligation)

• that which binds or connects the parties to the obligation.

• The tie in an obligation can easily be determined by knowing the source of the obligation.

A juridical or legal tie (also called efficient clause)

refers to the manner in which an obligation is manifested or incurred.

form of an obligation

form of obligations can be:

• oral

• writing

• partly oral and partly writing

is the act or performance which the law will enforce.

obligation

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

right

according to its legal meaning, is an act or omission of one party in violation of the legal right or rights of another.

wrong (cause of action)

is also used to refer to the wrongful violation of the legal right of another.

injury

Kinds of obligation according to the subject matter: (2)

1. Real obligation

2. Personal obligation

• obligation to give

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

real 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.

personal obligation

2 kinds of personal obligation:

1. positive personal obligation

2. negative personal obligation

obligation to do or to render service.

positive personal obligation

is obligation not to do (which naturally includes obligations "not to give")

negative personal obligation

Article 1157

Obligations arise from:

(1) Law;

(2) Contracts;

(3) Quasi-contracts;

(4) Acts or omissions punished by law; and

(5) Quasi-delicts.

when they are imposed by law itself.

law

when they arise from the stipulation of the parties.

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.

In a sense, these obligations may be considered as arising from law.

quasi-contracts

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

crimes or acts or omissions punished by law

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.

quasi-delicts or torts

sources of obligations classified: (2)

1. Those emanating from law

2. Those emanating from private acts

the only 2 sources of obligations because the others are really imposed by law

• law

• contracts

Article 1158

Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book.

refers to legal obligations or obligations arising from law. They are not presumed because they are considered a burden upon the obligor. They are the exception, not the rule. To be demandable, they must be clearly set forth in the law

Article 1158

refer to all other laws not contained in the Civil Code.

special laws

Article 1159

Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

is a meeting of minds between two (2) (or more) persons whereby one binds himself, with respect to the other, to give something or to render some service.

contract

obligations arising from contracts have the force of law between the contracting parties. contract must be valid and it cannot be valid if it is against the law.

binding force

a contract is valid if it is not contrary to law, morals, good customs, public order, and public policy. It is invalid or void if it is contrary to law, morals, good customs, public order, or public policy.

requirement of a valid contract

a contract may be breached or violated by a party in the whole or in part. this takes place when a party fails or refuses to comply, without legal reason or justification, with his obligation under the contract as promised.

breach of contract

means compliance or performance in accordance with the stipulations or terms of the contract or agreement.

compliance in good faith

Article 1160

Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVIl of this Book.

is that juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another.

quasi-contract

there is no consent but the same is supplied by fiction of law. In other words, the law considers the parties as having entered into a contract, although they have not actually done so, and irrespective of their intention, to prevent injustice or the unjust enrichment of a person at the expense of another.

quasi-contract

principal kinds of quasi-contracts: (2)

• negotiorum gestio

• solutio indebiti.

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

negotorium gestio

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.

It is based on the principle that no one shall enrich himself unjustly at the expense of another.

solutio indebiti

solutio indebiti requisites:

1. There is no right to receive the thing delivered

2. The thing was delivered through mistake.

Article 1161

Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages.

This article deals with civil liability for damages arising from crimes or delicts.

Article 1161

the scope of civil liability includes:

1. Restitution

2. Reparation for the damage caused

3. Indemnification for consequential damages.

Article 1162

Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws.

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.

quasi-delict

the person who commits a tort (a wrongful act that causes harm to another person).

tortfeasor

Requisites of quasi-delict: (5)

1. There must be an act or omission

2. There must be fault or negligence

3. There must be damage caused

4. There must be a direct relation or connection of cause and effect between the act or omission and the damage

5. There is no pre-existing contractual relation between the parties.