oblicon

• Republic Act No. 386


  Also known as the "New Civil Code of the Philippines", the foundation of the Philippine civil law, encompassing various aspects of personal, property, family, and business relationships
• Enacted


  1949
• New Civil Code of the Philippines

  • Defines the rights and obligation of individuals, sets guidelines for contrast and agreements, regulates property ownerships and inheritance outlines family structure and legal relationships, and establishment principles for resolving disputes
  • More than just a legal document, it shapes Filipino society by influencing social norms, guiding ethical conduct, and providing a framework for daily life
• Contracts

  They create legally enforceable obligations towards each other. These obligations can involve doing something specific
• Fortuitous Event

  Also known as Force Majeure, refers to an unforeseen and unavoidable event of natural or human origin that make it impossible or significantly difficult to fulfill an obligation
• Obligation

  It is a juridical relation whereby a person (preditor) may demand from another (debtor) the observance of a determinative conduct (giving, doing, or not doing), and in case of breach, may demand satisfaction from the assets of the latter
• Article 1157. Obligations arises from:

  • Law
  • Contracts
  • Quasi-contracts
  • Acts or omissions punished by law
  • Quasi-delicts
• Characteristics of Law

  • It is a rule of conduct - it tells us what shall be done and what shall be done. Determine the particular conduct a person must do in a particular circumstance
  • It is obligatory - a positive command imposing a duty to obey and the sanction in case of non-compliance
  • It is promulgated by legitimate authority
  • It is of common observance and benefit - it must be complied with by everyone and it is for the benefit for everybody
• Sources of Law

  • Constitution
  • Legislation/Statute
  • Administrative or executive orders, regulations and rulings
  • Judicial decisions or jurisprudence
  • Custom
  • Other sources - decision of foreign or international courts, etc.
• Classification of Laws

  • Substantive law - defines the rights and duties of an individual
  • Adjective/procedural law - law prescribing the manner or procedure by which rights may be enforced or their violations redressed
• Obligation

  A juridical necessity to give, to do and not to do
• Juridical Necessity

  The court of justice may be called upon by the aggrieved party to enforce its fulfillment or, in default thereof, the economic value that it represents
• Sources of an obligations

  • Delicts and Quasi-Delicts
• Scope of civil liability

  • Restitution
  • Reparation for damage caused
  • Indemnity for consequential damages
• Duties of debtor in obligation to give a determinate thing

  • Deliver the fruits
  • Deliver the accessions and accessories
  • Deliver the thing itself
  • Answer for damages in case of non-fulfillment
• The creditor has a right to the fruits of the thing from the time the obligation to deliver arises
• The creditor do not acquire real right over the fruits until its delivery
• Obligations arising from law

  • Legal obligations are obligations arising law
  • Legal obligations must be expressly indicated
  • These obligations shall be regulated by the provisions of the law which establishes them
• Contract

  • The meeting of the minds between two persons (kasunduan)
  • If you don't fulfill the contract, you will be liable for the damages
• Obligations arising from contracts

  • Refer to contractual obligations
  • Must not be contrary to law, morals, good customs, public order, and public policy
• Quasi-contracts

  A juridical relation arising from lawful, voluntary and unilateral acts based on the principle that no one should unjustly enrich himself at the expense of another
• Principal Forms of Quasi-contracts

  • Negotiorium gestio
  • Solution indebiti (unjust enrichment)
• Delicts

  • Refers to crimes
  • An act or omission punished by Law
  • Every person criminally liable for a felony is also civilly liable
• Quasi-delicts

  An act or omission arising from fault or negligence which causes damage to another, there being no pre-existing contractual relations between the parties
• Differences between Delicts and Quasi-delicts

  • Delicts are intentional or malicious acts
  • Quasi-delicts are unintentional but caused by negligent acts
• Obligation to Give

  Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of family, unless the law or the stipulation of the parties requires another standard of care
• Specific or determinate thing

  Particularly designated or physically
• Duties of debtor in obligation to give determinate thing

  • Take care of the thing that was given to you
• Kinds of fruits

  • Natural fruits - the spontaneous products of the soil, and the young and other products of animal (no intervention of human labor)
  • Industrial fruits - those produce by lands of any kind through cultivation or labor
  • Civil fruits - those by virtue of juridical relations
• Personal right

  The right or power of a person to demand from a definite passive subject, the fulfillment of the obligation
• Real right

  The right or interest of a person over a specific thing without a definite passive subject against whom the right may be personally enforced
• Accessions

  Fruit of the thing; or additions to or improvements upon a thing
• Accessories

  Things joined to or included with the thing for the latters embellishment, better use, or completion
• Duties of debtor in obligation to deliver a generic things

  • Deliver a thing which is of quality intended by the parties taking into consideration the purpose of the obligation and other
  • Be liable for damages in case of fraud negligence, or delay in the performance of his obligation, or contravention
• Waiver for action on future fraud is VOID
• Fraud (Dolo)

  • Deliberate or intentional evasion of the normal fulfillment of the obligation
  • Implies malice or dishonesty
• Incidental Fraud

  Fraud coming in the performance of the obligation
• Casual Fraud

  Fraud employed in the execution of the contract
• Negligence

  Voluntary act or omission, there being no bad faith
• Delay

  Refers to LEGAL DELAY or DEFAULT, of the delay offer a demand to perform has been made