Quiz 1: Law on Obligations

Chapter 1&2

Obligation

tying or binding

Juridical Necessity

the court may be asked to order the performance of an obligation if the debtor doesn’t fulfill it

Civil Obligation

based on positive law

Civil obligation

enforceable by court

Natural Obligation

The duty note to recover what has been voluntarily paid, although payment was no longer required

Natural Obligation

D owes C P200,000 but the debt had already prescribed. If D, knowing that it was prescribed, nevertheless paid B he cannot later get on back what he voluntarily paid to C. This an example of a ___________ obligation

Subject persons, Prestation, and Efficient cause

Birth of obligations

Subject Persons

Active and Passive subject

Active subject

the party who has the right to demand performance of an obligation

Passive Subject

the party who is required to perform the obligation or the person with a duty

Oral, in writting, and partly oral and partly writting

Forms of obligations

Obligation

act or performance that the law will enforce

Right

the power which a person has under the law

Wrong

cause of action, an act or omission of a party in violation of the legal rights of another

Natural obligation

Natural law (equity or conscience)

Prestation

subject matter of obligation pertains to giving, doing, and not doing

Efficient cause

Juridical Tie

Real Obligation

obligation to give

Personal Obligation

Obligation to do and not to do

Law, Contracts, Quasi-contracts, Delicts, and Quasi-delicts

Sources of Obligation

Law

a rule of conduct laid down by legitimate authority

Law

The obligation of the employer to pay death benefits and funeral expenses for his employee’s death while in the course of employment as sanctioned by the Workmen’s Compensation Act arises from __________

Negotiorum gestio

When “A” voluntarily takes charge of the neglected business of B without the latter’s authority where reimbursement must be made for necessary and useful expenses, there is a

Negotiorum gestio

voluntary management of the property which creates an obligation to reimburse the manager for necessary and useful expenses

Contracts

Meeting of minds

Law

also called legal obligation

Law

what is NOT presumed

Quasi-Contract

Kinda but not really a contract

Solutio indebiti

payment by mistake or in excess of what should have been paid

Delicts

also known as crimes or felonies

Delicts

Acts or omissions punishable by law

Revised Penal Code, criminally & civilly

__________ means a person who is __________ liable is also _________ liable

Negotiorum gestio

Unauthorized management

1.) Property is Neglected
2.) 3rd person (manages property)
3.) The owner was benefited or enriched
4.) They have no contract

Requirements of Negotiorum gestio

1.) Debtor pays Creditor
2.) Creditor/Payee accepts it
3.) Creditor/Payee has no legal right to accept

Requirements of Solutio indebiti

Lawful, Unilateral, and Voluntary

In Negotiorum gestio, management is __________, __________, and __________.

Criminal liability & Civil liability

2 effects of Delict

Criminal liability

go to prison

Civil liability

pays damages

Solutio indebity

D owes C P100,000. By mistake D pays C P1,000,000. C must return the P900,000. This an example of __________

Quasi-delicts

tort or culpa aquiliana

Quasi-delict

obligations arising from negligence

Determinate thing

one and only thing

Generic thing

class or genus

Generic thing

Cannot be lost due to fortuitous events

Generic never perish

Genus nunquam perit

Restitution

A civil liability which involves the return of the object to the crime whenever possible, plus allowances for and deterioration or diminution of value as may be determined by the court to the rightful owner

Diligence of a good father of a family

ordinary care or average care

Another standard of care

The degree of diligence must not be inferior to the diligence of a good father of the family.

Pasairo can bring an action of culpa aquiliana against the driver and the owner of the taxicab.

Binnaballo, a pedestrian, was hit by a taxicab because of the recklessness of the taxi driver. In its effort to avoid the accident, the driver swerved the car to the left and bumped an electric post. Pasairo, a passenger of the taxi suffered physical injuries. Which of the following statements is NOT correct?

Binnaballo can bring an action of culpa criminal and culpa aquiliana against the driver and the owner of the taxicab.

Binnaballo can bring an action of culpa aquiliana only against the driver.

Pasairo can bring an action of culpa criminal and culpa contractual against the driver and the owner of the taxicab.

Pasairo can bring an action of culpa aquiliana against the driver and the owner of the taxicab.

Yes, provided he can prove the negligence of the driver.

A passenger of a jeep was hurt. A criminal case was filed against the driver, but the latter was acquitted. The victim now sues the operator of the jeepney for culpa contractual. May the suit still prosper?

Diligence of a good father of a family

Unless the law or the stipulation of the parties requires another standard of care, every person obliged to give something is also obliged to take care of it with ___________

The time the obligation to deliver the thing arises.

The creditor has a right to the fruits of the things from

Accession

real and improvements

Accessory

Personal and Important parts

Determinate thing

Has legal accessory obligation

Indeterminate thing

does NOT have legal accessory obligation

Obligation not to do

an obligation without delay (does not exist)

Natural fruits

Spontaneous products of the soil and the young of animals

Natural fruit

what fruit does not require human labor

Industrial fruits

produced by land of any kind through cultivation or labor

Civil fruits

result of a juridical cause/contract

Good father of a family

minimum degree of diligence

Extraordinary diligence

law provides a higher degree of diligence

1.) Demand for specific performance
2.) Demand for substituted performance
3.) Demand for equivalent performance

Primary remedies

Personal right

the right to demand from another the fulfillment of debtor’s obligation

Real right

Right against the world

Personal right

has definitive active and passive subject

Real right

has definitive active but NO definite passive subject

1.) Non-performance
2.) Poor performance
3.) Incomplete performance of a valid, enforceable, and demandable obligation

When there is breach of obligation…

Creditor’s remedies

When debtor is at fault there must be __________

Damages

harm done or the sum of money that may be recovered in reparation for harm done

Injury

a wrongful, unlawful, or tortious act that causes harm to another

Damnum absque injura

Damage without injury

Moral damages

physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury

Moral and Exemplary damages

damages that are usually partnered

Exemplary damages

Social injury

Exemplary damages

also known as corrective or punitive damages

Exemplary damages

imposed by way of example or correction for public good

Nominal Damage

Rights violated

Temperate damage

also known as moderate damage

Temperate damage

greater than nominal less than actual damages

Temperate damage

May be recovered if the court finds that some pecuniary loss has been suffered but the amount cannot be proved with certainty

Actual damages

to compensate / proof of accounting

Liquidated damages

agreed in advance in case of breach

Liquidated damages

Penalty

1.) Accion subrogatoria
2.) Accion paulina

Secondary remedies

Accion subrogatoria

the debtor or my debtor is also my debtor

Accion pauliana

Recessible contracts

Accion pauliana

action of the creditor to rescind or impugn contracts entered by the debtor to defraud him

Fraud

Deceit or dolo

Fraud

deliberate or intention evasion of fulfillment of an obligation in a normal manner

Fraud

synonymous with bad faith because it involves a design to mislead or deceive another

Causal fraud

Dolo Causante

Causal fraud

It renders a contract voidable for it is a defect in one of the essential elements of a contract, consent

Causal fraud

the fraud caused the contract

Incidental fraud

Dolo incidente

Incidental fraud

it exists when a party would still have entered into the contract without the fraud, but would have agreed to different or more favorable terms

Incidental fraud

the fraud didn’t cause the contract, but caused loss or disadvantage in the contract

Incidental fraud

to avoid the performance of the obligation