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CHAPTER 1

Terms in this set (64)

Obligation
It is a juridical necessity to give, to do or not to do
Article 1156
An obligation is a juridical necessity to give, to do or not to do
Creditor
The one who may give demand from another; A person or company to whom an obligation is owed
Debtor
A person who has an owed obligation
An obligation is a juridical relation whereby a person may demand from another the observance of a determinative conduct and in case of breach, may demand satisfaction from assets of the latter
What is the complete definition of Obligation according to Justice JBL Reyes in the case of Arias Ramos?
Determinative Conduct
The giving, doing or not doing
Breach
Breaking a law, promise, agreement, relationship, or a contract
Article 37 of New Civil Code
Parties in compliance and enforcement of an obligation must have capacity to act, which is the power to do acts with legal effects
Minority
Insanity
Imbecility
State of Being Deaf or Mute
Penalty
Prodigality
Family Relations
Alienage
Absence
Insolvency
Trusteeship
Civil Interdiction
Circumstances that modify or limit the capacity to act
Prodigality
Wasteful extravagance in spending
Absence
Special legal status of one who is not in his domicile, his whereabouts
Insolvency
The inability to pay debts when they are due
Trusteeship
Authozied personnel by a settlor to execute and manage trust assets
Civil Interdiction
Deprives the offender during the time of his sentence the right to manage his property and dispose of such property by any act or conveyance inter vivos to take effect during his lifetime
Civil Obligation
Natural Obligation
What are the two kinds of obligation?
Civil Obligation
One which has a binding operation in law, and which gives to the creditor the right of enforcing it in a court of justice
Positive Law
Law based on the dictates of a central political authority
Positive Law
Civil obligation is based on...
Natural Obligation
One which cannot be enforced by action, but which is binding on the party who makes it in conscience and according to natural justice
Not enforceable by law
Is natural obligation enforceable in court?
No
Can the debtor recover his obligation if he performed it because of natural obligation?
Article 1157
Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts.
Law
Contract
Quasi-Contract
Acts or Omissions Punished by Law
Quasi-delicts
Obligations arise from...
Article 1158
Obligations arising from law are not presumed. Only those expressly determined in this Code or in Special Laws are demandable, and shall be regulated by the precepts of the law which establishes them; and to what has not been foreseen, by the provisions of this Book
Law
Laid down by legitimate authority
Presumption
Rule of law which permits a court to assume a fact is true without any evidence until there is a certain weight of evidence which rebuts
Rebuts
Disproves or outweighs the presumption
No
Are obligations arising from law presumed?
Contract
A meeting of minds between two persons whereby one binds himself,
with respect to the other, to give something or to render some service
Consent
What is necessary in a contract?
Article 1159
Obligations arising from contracts have the force of the law between the contracting parties and should be complied with in good faith
Contracts
What is Article 1159 all about?
Law
What is Article 1158 all about?
Where does bligations arises from
What is Article 1157 all about?
Obligations
What is Article 1156 all about?
Neither party can disregard it of his own choice
According to Aquino vs. Tanedo, 39 Phil. 517, what cannot you do once you enter a contract?
Contract must be valid and enforceable
How can a contract become the source of an obligation?
Article 1306 NCC
Contract should not be against the law, morals, good customs, public order or public policy
Article 1409 NCC
A contract will get void if it is against the law, morals, good customs, public order or public policy
Quasi-Contract
Certain lawful, voluntary and unilateral acts giving rise to juridical relation to the end that no one shall unjustly enrich himself at the expense of another
There is no consent in quasi-contract
What is the difference between Contract and Quasi-Contract?
Quasi-Contract
What is Article 1160 all about?
Article 1160
Obligations derived from quasi contracts shall be subject to the provisions of Chapter 1. Title XVII of this Book
Negotiorum Gestio
Solutio Indebiti
2 kinds of quasi-contracts
Negotiorum Gestio
Voluntary administration of the property, business or affairs of a third person without the consent of the owner
Example of Negotiorum Gestio
Robert Queen, a rich man, is the owner of a sari-sari store. Suddenly, hewent to the province for unknown reasons. Walter Steele opened the store to operate the business and replenish its stocks. Robert, upon returning, should reimburse Walter of the expenses he incurred.
Solutio Indebiti
Payment by mistake or of an obligation which was not due when paid
Example of Solutio Indebiti
Tommy Merlyn borrowed P100 from Oliver Queen. Tommy paid Oliver P110 to include interest. However, since the interest was not agreed upon by the parties, Oliver should return P10, representing the interest, to Tommy
Acts or Omissions Punished by Law
Crimes or felonies under the Revised Penal Code (RPC) and those punishable under Special Law (SL).
Article 1161
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 Title, on Human Relations, and of Title XVIII of this Book, regulating damages.
Article 100 RPC
Every person criminally liable for a felony is also civilly liable
Revised Penal Code
What does RPC stands for?
Special Law
What does SL stands for?
Restitution
Reparation of Damage Caused
Indemnification for Consequential Damage
What is included in the Civil liability of Acts or omissions punished by law?
Restitution
The act of restoring someone or something to the rightful owner or to a former state or position; making good on a loss or damage
Reparation of the Damage Caused
The process and result of remedying the damage or harm caused by an unlawful act
Indemnification for Consequential Damage
Compensation for harm or loss.
Quasi-Delicts
Wrong committed independent of contract and without criminal intent
Article 1162
Obligations derived from quasi-delict shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by Special Laws
Quasi-Delicts
What is Article 1162 all about?
Equity
What is the basis of liability?
Negligence
Failure to take proper care in doing something
Negligence
Careless neglect, often resulting in injury
Fault
Legal blameworthiness and responsibility.
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