OBLIGATION: Chapter 1_ General Provisions

ARTICLE 1156. An Obligation is a juridical necessity to give, to do or not to do

Article 1156

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

Obligation

Tie or bond recognized by law which one is bound favor of another to render something

Juridical Necessity

Connotes that in case of non-compliance, there will be legal sanction or consequences.

Obligee

A person to whom another is bound by contract or other legal procedure

Obligor

A person or entity who is legally or contractually obliged to provide a benefit or payment to another.

Civil Obligation

Give to the obligee a right under the law to enforce their performance in courts of justice. If not fulfilled when it becomes due and demandable, may be enforced in court through action; based on law; the sanction is judicial due process.

Natural Obligation

Not 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 obligor/debtor.

Passive Subject

Debtor/obligor

the one bound to perform the prestation or to fulfill the obligation or duty

Active Subject

Creditor/Obligee

the person who is demanding the performance of the obligation;

Prestation

Subject matter of the obligation; Object

conduct required to be observed by the debtor

may consist in giving, doing, or not doing

Juridical or legal Tie

Efficient cause

binds the parties to the obligation;

source of the obligation

Oral, writing, partly oral, partly in writing

These are the form of an obligation

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

ARTICLE 1356: General rule, the law does not require any form for obligations arising from contracts for their validity or binding force.

Right

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

Wrong

Cause of action

act or omission of one party in violation of the legal right or rights

Injury

Refer to wrongful violation of the legal right of another

Real Obligation

Obligation to give

Obligor must deliver to the obligee

Personal Obligation

Obligation to do or not to do

The subject matter is an act

Positive personal obligation

Obligation to do or to render service

Negative personal obligation

Obligation not to do or not to give

Law

When it is imposed by law itself

Contracts

Created by stipulations of the parties

Quasi-contract

Incidentally created by something similar to a contract

arises from certain lawful, voluntary, and unilateral acts, to the end that no one may be unjustly enriched at the expense of another

Delicts

A criminal act and with criminal intent

governed primarily by the penal laws

Quasi-delicts or torts

An act that is criminal but lacks criminal intent

y act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done, if there is no pre-existing contractual relation between the parties

law and contracts

Supposedly, there are only 2 sources of obligation

Special Laws

all other laws not contained in the civil code

Contractual obligations

obligation arising from contracts or voluntary agreements

Binding Force

Arising from contracts have the force of law between the contracting parties. They have the same binding effect of obligation imposed by laws

Requirement of a valid contract

Contract is valid if it is not contrary to law, morals, good customs, public order, and public policy.

In the eyes of the law, a void contract does not exist

Breach of Contract

Contract may be violated by a party in whole or in part. It takes place when a party fails or refuse to comply.

Compliance of Good Faith

Performance in accordance with the stipulation or terms of the contract or agreement

Negotiorum Gestio

The voluntary management of the property or affairs of another without the knowledge or consent of the later

Voluntary management of another's affairs to protect the other's interests

To avoid a higher risk, voluntary doing good to avoid implicating others

Solutio Indebiti

When something is received when there is not right to demand it and it was unduly delivered through mistake

• No right to received the thing delivered

• the thing was delivered through mistake

Civil liability in addition to criminal liability

Commission of a crime causes not only moral evil but also material damage.

Every person criminally liable for an act or omission is also civilly liable for damages suffered by the aggrieved party

Criminal liability without civil liability

Cause no material damage, there is no civil liability to be enforced

Civil liability without criminal liability

A person not criminally responsible may still be liable civilly.

not alleged and proved as a criminal offense.

Must be an act or omission

No. 1 in the requisites for it to be considered quasi- delicts

Must be the fault or negligence

No. 2 in the requisites for it to be considered quasi- delicts

Must be damaged caused

No. 3 in the requisites for it to be considered quasi- delicts

Must be direct relation of cause and effect

No. 4 in the requisites for it to be considered quasi- delicts

NO pre-existing contractual relation between the parties

No. 5 in the requisites for it to be considered quasi- delicts