Civil Code Obligations and Contracts (Articles 1156–1180)

Vocabulary flashcards covering key definitions, principles, and legal remedies under Civil Code Articles 1156 to 1180.

Obligation (Article 1156)

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

Five Sources of Obligations (Article 1157)

Law, contracts, quasi-contracts, acts or omissions punished by law (delicts), and quasi-delicts.

Obligations Derived from Law (Article 1158)

Obligations that are never presumed and must be expressly established in the Civil Code or special laws to be demandable.

Force of Contracts (Article 1159)

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

Quasi-Contracts (Article 1160)

Juridical relations arising from lawful, voluntary, and unilateral acts based on the fundamental principle of preventing unjust enrichment at another's expense.

Solutio Indebiti

A quasi-contract arising from undue payment when something is received when there is no right to demand it and it was unduly delivered through mistake.

Negotiorum Gestio

A quasi-contract involving the unauthorized management of the abandoned or neglected business or property of another.

Delicts (Article 1161)

Civil liability arising from criminal offenses, governed primarily by the Revised Penal Code and other penal laws.

Quasi-Delicts (Article 1162)

Obligations arising from fault or negligence (culpa aquiliana or torts) where there is no pre-existing contractual relation between the parties.

Diligence of a Good Father of a Family (Article 1163)

The standard standard of care (bonus paterfamilias) required in preserving a determinate thing, unless the law or stipulation of the parties requires another standard.

Rights over Fruits (Article 1164)

The rule that the creditor acquires a personal right to the fruits from the time the obligation to deliver arises, but acquires a real right over the thing only upon delivery.

Specific Performance (Article 1165)

The primary remedy available to a creditor to compel the debtor to make delivery of a specific (determinate) thing.

Genus Nunquam Perit (Article 1165)

The legal principle that a generic thing never perishes; the loss of an indeterminate thing by a fortuitous event does not extinguish the obligation.

Accessions and Accessories (Article 1166)

Items that must be delivered along with a determinate thing, even if they have not been explicitly mentioned in the agreement.

Remedies for Obligation to Do (Article 1167)

If a person fails to perform an act or performs it improperly, the creditor may have it executed or undone at the debtor's expense.

Remedies for Obligation NOT to Do (Article 1168)

If an obligor performs a forbidden act, the primary remedy is to have the forbidden act undone at the expense of the obligor.

Mora Solvendi (Article 1169)

Legal delay or default on the part of the debtor, which generally requires a judicial or extrajudicial demand by the creditor.

Exceptions to Demand Requirement (Article 1169)

Instances when demand is unnecessary to declare legal delay, including when the law or obligation expressly declares it, when time is of the essence, or when demand is useless.

Time is of the Essence (Article 1169)

A situation where the designation of the time when the thing was to be delivered or service rendered was a controlling motive for establishing the obligation.

Compensatio Morae (Article 1169)

Delay in reciprocal obligations, where neither party incurs legal delay if the other does not comply or is not ready to comply in a proper manner.

Grounds for Liability for Damages (Article 1170)

Fraud (dolo), negligence (culpa), delay (mora), and contravention of the tenor of the obligation.

Dolo (Article 1171)

The deliberate or intentional evasion of the normal fulfillment of an obligation.

Waiver of Fraud (Article 1171)

A waiver of an action for future fraud is void, whereas a waiver of an action for past fraud is valid as an act of forgiveness or condonation.

Culpa (Articles 1172 & 1173)

The omission of that diligence required by the nature of the obligation; responsibility is demandable, but courts may mitigate damages according to circumstances.

Culpa Contractual (Article 1172)

Contractual negligence where breach of contract occurs; employer diligence in employee selection and supervision is not a defense to avoid contractual liability.

Fortuitous Event (Article 1174)

An event that could not be foreseen or was inevitable (caso fortuito/force majeure), exempting liability unless the law or contract requires assumption of risk, or the debtor is in delay/fault.

Presumptions on Receipt (Article 1176)

Disputable presumptions that receipt of the principal without reservation presumes interest was paid, and receipt of a later installment presumes prior installments were paid.

Accion Subrogatoria (Article 1177)

A remedy allowing creditors to exercise all rights and actions of the debtor to satisfy claims, except those inherent in the debtor's person.

Accion Pauliana (Article 1177)

A subsidiary remedy allowing creditors to rescind acts or contracts executed by the debtor to defraud them, after exhausting all other legal remedies.

Transmissibility of Rights (Article 1178)

The general rule that all rights acquired by virtue of an obligation are transmissible, unless stipulated otherwise, prohibited by law, or purely personal in nature.

Mora Accipiendi

Legal delay or default on the part of the creditor to accept performance of the obligation without valid reason.