OBLICON CHAP 1

• Obligation


  A juridical necessity to give, to do or not to do
• Obligation (etymology)


  Derived from the Latin word 'obligatio' which means tying or binding
• Obligation


  A tie or bond recognized by law by virtue of which one is bound in favor of another to render something, which may consist in giving a thing, doing a certain act, or not doing a certain act
• Article 1156 gives the Civil Code definition of obligation, in its passive aspect
• Juridical necessity


  In case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or, in default thereof, to grant indemnity
• Obligation


  The act or performance which the law will enforce
• Right


  The power which a person has under the law, to demand from another any prestation
• Wrong (cause of action)

  An act or omission of one party in violation of the legal right or rights (i.e., recognized by law) of another
• Essential elements of a legal wrong or injury

  • A legal right in favor of a person (creditor/obligee/plaintiff)
  • A correlative legal obligation on the part of another (debtor/obligor/defendant) to respect or not to violate said right
  • An act or omission by the latter in violation of said right with resulting injury or damage to the former
• An obligation on the part of a person cannot exist without a corresponding right in favor of another, and vice-versa
• A wrong or cause of action only arises at the moment a right has been transgressed or violated
• Real obligation


  Obligation in which the subject matter is a thing which the obligor must deliver to the obligee
• Personal obligation

  Obligation in which the subject matter is an act to be done or not to be done
• Positive personal obligation


  Obligation to do or to render service
• Negative personal obligation


  Obligation not to do (which naturally includes obligations "not to give")
• Sources of obligations


  • Law
  • Contracts
  • Quasi-contracts
  • Acts or omissions punished by law
  • Quasi-delicts
• Obligations arising from law

  • Obligation to pay taxes
  • Obligation to support one's family
• Obligations arising from contracts

  • Obligation to repay a loan or indebtedness
• Obligations arising from quasi-contracts


  • Obligation to return money paid by mistake or which is not due
• Obligations arising from crimes or acts or omissions punished by law


  • Obligation of a thief to return the car stolen
  • Duty of a killer to indemnify the heirs of his victim
• Obligations arising from quasi-delicts or torts


  • Obligation of the head of a family to answer for damages caused by things thrown or falling from the building
  • Obligation of the possessor of an animal to pay for the damage which it may have caused
• There is no obligation as defined in Article 1156, if its source is not any of those enumerated in Article 1157
• Sources of obligations


  • Those emanating from law
  • Those emanating from private acts
• Those emanating from private acts


  • Those arising from licit acts (contracts and quasi-contracts)
  • Those arising from illicit acts (delicts or crimes, and quasi-delicts or torts)
• Actually, there are only two (2) sources: law and contracts, because obligations arising from quasi-contracts, delicts, and quasi-delicts are really imposed by law
• Legal obligations


  Obligations derived from law that are not presumed, and must be clearly set forth in the law to be demandable
• Legal obligations


  • An employer has no obligation to furnish free legal assistance to employees
  • A private school has no legal obligation to provide clothing allowance to teachers
  • A person who wins money in gambling has the duty to return winnings to the loser
• Contractual obligations


  Obligations arising from valid and enforceable contracts, which have the force of law between the contracting parties and must be complied with in good faith
• Contracts


  • They must not be contrary to law, morals, good customs, public order, and public policy
  • Void contracts do not exist and create no obligations
  • Unenforceable contracts are valid but cannot be enforced
• Compliance in good faith


  Compliance or performance in accordance with the stipulations or terms of the contract, with sincerity and honesty to prevent unfair advantage
• Quasi-contractual obligations


  Obligations arising from lawful, voluntary and unilateral acts, where the law considers the parties as having entered into a contract to prevent injustice or unjust enrichment
• Kinds of quasi-contracts


  • Negotiorum gestio (voluntary management of another's property or affairs)
  • Solutio indebiti (receiving something with no right to demand it and it was unduly delivered through mistake)
• Civil liability arising from crimes or delicts

  Civil liability for damages in addition to criminal liability, governed by the Penal Code and Civil Code, including restitution, reparation, and indemnification
• Obligations arising from quasi-delicts


  Obligations to pay for damage caused by an act or omission with fault or negligence, but no pre-existing contractual relation
• Requisites of quasi-delict


  • Act or omission
  • Fault or negligence
  • Damage caused
  • Direct relation between act/omission and damage
  • No pre-existing contractual relation
• Under what article is obligation defined?

  Article 1156 of the Civil Code
• Distinctions of Crime to Quasi-delict

  In crime, there is criminal or malicious intent or criminal negligence. In quasi-delict, there is only negligence
• Debtor or Obligor


  has the duty of giving, doing, or not doing
• Creditor or Obligee


  has the right to the performance of the obligation
• Damages


  represents the sum of money given as a compensation for the injury or harm suffered by the obligeec