CE laws LECTURE 6

• Obligation


  A juridical necessity to give, to do or not to do
• Obligation


  • It is a legal obligation as opposed to moral, ethical, or spiritual obligations
  • A legal obligation can be enforced via legal processes and/or through competent authorities
• Vinculum juris


  The "legal bond" that gives the obligee the right of enforcing the obligation in a court of justice
• Object (Prestation)


  The conduct (to give, to do or not to do) required of the parties
• Subject-persons


  • Active subject (creditor/obligee)
  • Passive subject (debtor/obligor)
• General Types of Obligations

  • Moral obligations
  • Legal obligations
  • Social obligations
• Moral obligations


  Duties based on sense of right and wrong, not legality
• Legal obligations


  Binding by law, failure to meet could lead to court
• Social obligations


  Commitments to others, such as friends and family, that you feel duty-bound to keep
• Sources of Obligations

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


  Obligation created by order of the court to prevent unfair benefit to one party at the expense of others
• Quasi-contract


  • Receiving and consuming goods delivered to wrong address
• Omission


  Non-action or what a person has not done
• Omission


  • Leaving information out of a report
  • Omitting price information
  • Failing to help at a car collision
  • Public officer failing to resist rebellion
  • Consenting to prisoner escape
• Quasi-delict


  A wrong thing which occurs unintentionally, as a result of something like negligence
• Quasi-delict


  • Negligently hitting a puppy with a car
  • Hotel car hitting a pedestrian
• Types of Obligations (Civil Code)

  • Pure obligation
  • Conditional obligation
  • Alternative obligation
  • Joint obligation
  • Solidary obligation
• Pure obligation


  Not subject to a condition or term, demandable at once
• Pure obligation


  • A promises to pay B P10 million
• Conditional obligation


  Fulfillment depends on a certain condition
• Conditional obligation


  • I will give a car to my father when I finish my studies
• Alternative obligation


  More than one object, fulfillment of one is sufficient, determined by debtor's choice
• Alternative obligation


  • Debtor can choose to pay in cash, bank check, or online transfer
• Joint obligation


  Debtor obliged to pay only their share of the full amount, creditor can only demand their share
• Joint obligation


  • A and B contracted a P10 million loan, A received P6 million, B received P4 million
• Solidary obligation


  Either debtor can be compelled to pay the full amount, or either creditor can demand the full amount
• Conditional obligation


  • I will give a car to my father when I finish my studies
• Alternative obligation


  There is more than one object, and the fulfillment of one is sufficient, determined by the choice of the debtor who generally has the right of election
• Alternative obligation


  • Debtor is given the choice of paying in cash, a bank check, or online transfer
• Joint obligation


  A debtor is obliged to pay a portion of the full amount of debt that corresponds only to his share. Likewise, the joint creditor can only demand a portion of the full amount that corresponds to his share
• Joint obligation


  • A and B contracted a loan amounting to P10 million from X. A received a share amounting to P6 million while B received an amount equal to P4 million. When the obligation came due, A is only obliged to pay an amount corresponding to his share of the loan, which is P6 million
• Solidary obligation


  A kind of obligation wherein either one of the creditors has the right to demand full compliance of the obligation from either one of the solidary debtors
• Solidary obligation


  • A and B borrowed an amount equal to P10 million and agreed to pay the said amount solidarilly to X and Y, who are also solidary creditors. A received P6 million while B received P4 million. When the contract came due, either X or Y can compel any of A and B to pay the whole amount of P10 million, regardless of their share. The one who paid the whole amount will just reimburse the share received by the other debtor
• Divisible obligations


  Obligations that are capable of division or capable of partial fulfilment
• Divisible obligations


  • A agreed to pay B P4000 in two installments
• Indivisible obligations


  Obligations that are not capable of division or not capable of partial fulfilment or performance
• Indivisible obligations


  • A agreed to sing a song to B for his birthday for P 500 pesos. The object of the contract is not capable of partial performance
• Obligations with a penal clause


  An accessory obligation attached to the principal obligation to assure greater responsibility in case of breach
• Obligations with a penal clause


  • You are an engineer, and you promise to construct the house of the client within 90 days for P 300,000. In the contract the client stated that for every delay that will happen after the stipulated 90 days, you as the engineer will pay a fine/ penalty of P 10,000 pesos
• Payment


  Not only the delivery of money but also the performance, in any other manner, of an obligation