OBLI QUIZ 1 REVIEW

• Congress --> The lawmakers in the Philippine legislature.
• The House of Representatives  (Lower Chamber) – consists of Congressmen/ Congresswomen

  Senate (Upper Chamber) – consists of Senators
• Branches of the Government

  • Legislative (Law-Making Branch)
  • Executive (Law- Enforcing)
  • Judicial (Law- Interpreting)
• Legislative --> (Law-Making Branch)
• Executive --> (Law- Enforcing)
• Judicial --> (Law- Interpreting)
• ELEMENTS OF AN OBLIGATION

  1. Passive Subject
  2. Active Subject
  3. Object or Prestation
  4. Efficient Cause
• Active Subject (Obligee/ Creditor)

   - has the power to demand prestation.

  • One whom obligation is owed
• Passive Subject (Obligor/ Debtor)

              - Bound to fulfill the obligation to the creditor/ obligee.
• Object or Prestation

   - a type of action that person needs to perform as part of their obligation.

  • things/ services that can be physically/legally done.

   
• Kinds of Prestation

  To give

  To do

  Not to do
•  

  Law, a rule of conduct, just obligatory, promulgated by legitimate authority, and of common observance and benefit.
• Sources of Obligation:

  1. Law
  2. Contract
  3. Quasi- Contracts
  4. Quasi-Delicts
  5. Act or Omission; Punished by law
• Quasi-contract

  • “no one shall be unjustly enriched or benefited at the expense of another”
• Negotiorum gestio -- is the voluntary administration of the property, business or affairs of another, without his consent or authority, that creates an obligation for reimbursement for the necessary expenses the gestor had spent.

   
• • Solution Indebiti refers to payment by mistake. It is receiving payment by mistake that is not due or does not have such right to demand such payment. It creates an obligation to return such payment.
• Quasi-delicts

  • are acts or omissions that cause damage to another, there being fault or negligence, is obliged to pay for the damage done but without any pre-existing contractual relations between the party.
• Act or Omissions; punished by law

   

  • Every person criminally liable for a felony is also civilly liable. Commission of a crime makes the offender civilly liable.
• Determine the "Active Subject" on the problem:

  "In a lease agreement, Michael agrees to pay $1000 per month to rent an apartment from Lisa."

  Answer: Lisa
• Determine the "Passive Subject" on the problem:

  "In a lease agreement, Michael agrees to pay $1000 per month to rent an apartment from Lisa."

  Answer: Michael
• Determine the "Prestation" on the problem:

  "In a lease agreement, Michael agrees to pay $1000 per month to rent an apartment from Lisa."

  Answer: To pay 1000
• Determine the "Efficient Cause" on the problem:

  "In a lease agreement, Michael agrees to pay $1000 per month to rent an apartment from Lisa."

  Answer: Lease Agreement