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Module 1 - General Principles

The document summarizes key aspects of obligations under Philippine law. It defines an obligation as a legal duty to give, do, or not do something. Obligations can be civil and enforceable by courts, or natural and based on morality rather than law. Obligations require a debtor, creditor, object or service, and a source like a law, contract, quasi-contract, crime, or tort. It provides examples of different types of obligations and their sources under Philippine law.

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JANE ARVEE ALLYNETTE LEYNES
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177 views

Module 1 - General Principles

The document summarizes key aspects of obligations under Philippine law. It defines an obligation as a legal duty to give, do, or not do something. Obligations can be civil and enforceable by courts, or natural and based on morality rather than law. Obligations require a debtor, creditor, object or service, and a source like a law, contract, quasi-contract, crime, or tort. It provides examples of different types of obligations and their sources under Philippine law.

Uploaded by

JANE ARVEE ALLYNETTE LEYNES
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Law on Obligations

Chapter 1 - General Provisions


(Articles 1156-1162)
Obligation
• An obligation is a juridical necessity to give, to do or not do. (Art. 1156,
Civil Code)
• Juridical necessity means that the court may be asked to order the
performance of an obligation if the debtor not fulfill it. If an obligation
cannot be enforced through the courts, it may be disregarded with
impunity.
Civil vs Natural Obligations
• A civil obligation is based on positive law; hence, it is enforceable by court
action.
• A natural obligation is based on natural law; hence, it is not enforceable by
court action. The obligation, however, exist in equity and moral justice,
such that if the debtor voluntarily performs it, he can no longer recover
what he has given.
Requisites of Obligation
• Passive subject (debtor or obligor) – The party who is obliged to perform
the obligation.
• Active subject (creditor or obligee) – The party who has the right to
demand performance of the obligation.
• Legal or juridical tie (or efficient cause) – That which binds the parties to
an obligation. The efficient cause of obligation may be any of the five
sources of obligation.
• Object or prestation – The object or subject matter of the obligation. It
may consist of giving, doing, or not doing something.
Obligations as to subject matter
• Real obligation – obligation to give
• Personal obligation – obligation to do or not to do
• Positive personal obligation – obligation to do or to render service
• Negative personal obligation – obligation not to do
Sources of obligation
• Law
• Contract
• Quasi-contract
• Crime
• Quasi-delict
Law
• Obligations imposed by law itself.
• A rule of conduct, just and obligatory, laid down by legitimate authority for
common observance and benefit.
• Obligations derived 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
on Obligations.
• Ignorance of the law excuses no one from compliance therewith
(ignorantia legis neminem excusat).
Contract
• A contract is a meeting of minds between two persons whereby one binds
himself, with respect to other, to give something or to render some service
(Art. 1305, Civil Code).
• Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith. (Art. 1159,
Civil Code)
Quasi-contract
• They refer to certain lawful, unilateral, and voluntary acts giving rise to a
juridical relation to the end that no one shall be unjustly enriched at the
expense of another. (Art. 2142, Civil Code).
• Examples:
• Negotiorum gestio – This refers to the voluntary administration of the property,
business or affairs of another without his consent or authority. It creates the
obligation to reimburse the gestor for necessary and useful expense. (Art. 2150, Civil
Code)
• Solutio indebiti - This refers to payment by mistake of an obligation which was not
due when paid. It creates the obligation to return the payment. (Art. 2154, Civil
Code)
Crime
• Acts or omissions punishable by law.
• Crimes or felonies.
• The commission of a crime makes the offender civilly liable. (Art 100,
Revised Penal Code)
• Such civil liability includes restitution, reparation of the damage caused,
and indemnification of consequential damages. (Art. 104, Revised Penal
Code)
Quasi-delict
• Also known as “tort” or “culpa aquiliana”
• These are acts or omissions that cause damage to another, there being no
contractual relation between the parties. (Art. 2176, Civil Code)

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