obli

• Obligation


  Juridical necessity to give, to do, or not to do
• Juridical necessity


  Juridical tie; connotes that in case of noncompliance, there will be legal sanctions
• Obligation


  The duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which, if breached, is enforceable in court
• A contract necessarily gives rise to an obligation but an obligation does not always need to have a contract
• Damages


  Sum of money given as a compensation for the injury or harm suffered by the obligee for the violation of his right
• Kinds of obligation (from the viewpoint of "sanction")

  • Civil obligation
  • Natural obligation
  • Moral obligation
• Kinds of obligation (from the viewpoint of subject matter)

  • Real obligation
  • Personal obligation
• Kinds of obligation (from the affirmativeness and negativeness of the obligation)


  • Positive or affirmative obligation
  • Negative obligation
• Kinds of obligation (from the viewpoint of persons obliged)

  • Unilateral
  • Bilateral (reciprocal, non-reciprocal)
• Elements of obligation


  • Active subject (Creditor/Obligee)
  • Passive subject (Debtor/Obligor)
  • Prestation (to give, to do, or not to do)
  • Efficient cause (Juridical tie)
  • Causa (why obligation exists)
• Prestation (Object)


  • To give
  • To do
  • Not to do
• Requisites of prestation/object: licit, possible, determinate or determinable, pecuniary value
• Injury


  Wrongful act or omission which causes loss or harm to another
• Damage


  Result of injury (loss, hurt, harm)
• Sources of obligation


  • Law
  • Contracts
  • Quasi-contracts
  • Acts or omissions punished by law
  • Quasi-delicts
• Obligation ex lege


  Imposed by law itself; must be expressly or impliedly set forth and cannot be presumed
• Obligation ex contractu


  Arise from stipulations of the parties: meeting of the minds / formal agreement
• Quasi-contracts


  Arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another
• Kinds of quasi-contracts


  • Negotiorum gestio (unauthorized management)
  • Solutio indebiti (undue payment)
• Delicts


  Arise from civil liability which is the consequence of a criminal offense
• Quasi-delicts/Torts


  Arise from damage caused to another through an act or omission, there being no fault or negligence, but no contractual relation exists between the parties
• Obligations from law are not presumed. Only those expressly determined in the Civil Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of the Civil Code
• The Civil Code can be applicable suppletorily to obligations arising from laws other than the Civil Code itself
• Contract


  Meeting of minds between two persons whereby one binds himself, with respect to the other, to give, to do something or to render some service; governed primarily by the agreement of the contracting parties
• A void contract does not exist and no obligation will arise from it
• Obligations arising from contracts are primarily governed by the stipulations, clauses, terms and conditions of their agreements
• If a contract's prestation is unconscionable (unfair) or unreasonable, even if it does not violate morals, law, etc., it may not be enforced totally
• Compliance in good faith

  Compliance or performance in accordance with the stipulations or terms of the contract or agreement
• Only the unauthorized insertions in a falsified valid contract will be disregarded; the original terms and stipulations should be considered valid and subsisting for the parties to fulfill
• Quasi-contract


  Juridical relation resulting from lawful, voluntary and unilateral acts by virtue of which, both parties become bound to each other, to the end that no one will be unjustly enriched or benefited at the expense of the other
• Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary in Human Relations, and of Title 18 of this book, regulating damages
• Criminal liability includes


  • Restitution
  • Reparation of the damage caused
  • Indemnification for consequential damages
• Effect of acquittal in criminal case: when acquittal is due to reasonable doubt - no civil liability; when acquittal is due to exempting circumstances - there is civil liability; when there is preponderance of evidence - there is civil liability
• Quasi-delict (culpa aquiliana)


  An act or omission by a person which causes damage to another giving rise to an obligation to pay for the damage done, there being fault or negligence but there is no pre-existing contractual relation between parties
• Requisites of quasi-delict


  • Omission
  • Negligence
  • Damage caused to the plaintiff
  • Direct relation of omission, being the cause, and the damage, being the effect
  • No pre-existing contractual relations between parties
• Basis of delicts vs quasi-delicts

  • Intent (criminal/malicious vs negligence)
  • Interest (public vs private)
  • Liability (criminal and civil vs civil)
  • Purpose (punishment vs indemnification)
  • Compromise (cannot be compromised vs can be compromised)
  • Guilt (proved beyond reasonable doubt vs preponderance of evidence)
• The enumeration of sources of obligation in Article 1157 is not scientific because in reality there are only 2 sources of obligations: law and contract (quasi-contract, delicts, and quasi-delicts are imposed by law)
• Diligence of a good father

  Ordinary care which an average and reasonably prudent man would do
• Debtor is not liable if his failure to deliver the thing is due to fortuitous events or force majeure without negligence or fault on his part
• Real right (jus in re)

  Right pertaining to a person over a specific thing, without a passive subject individually determined against whom such right may be personally enforced