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Law of Obligation and Contracts

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39 views3 pages

Law of Obligation and Contracts

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schestjohnruen
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LAW OF OBLIGATION AND CONTRACTS

ARTICLE.1156 – OBLIGATION IS JURIDICAL NESSECITY TO GIVE, TO DO OR NOT


TO DO.

Unilateral – One person will perform obligation


Bilateral – Two people involved

ESSENTIAL ELEMENTS

PASSIVE SUBJECT (debtor/obligor) – One who has the duty to fulfill an obligation.
ACTIVE SUBJECT (creditor/obligee) – One who demands the fulfillment of an obligation.
PRESTATION – The conduct to be performed by the passive subject for the active
subject.
VINCULUM JURIS (juridical or Legal tie) – The relation that binds the parties to an
obligation.

Requisite of prestation
1. Licit (if illicit, it is void)
2. Possible (if impossible, it is void)
3. Determinate or determinable (or else, void)

KINDS OF OBLIGATION

a. From the viewpoint of “sanction”

CIVIL OBLIGATION – that defined in Article 1156; an obligation, if not fulfilled when it
becomes due and demandable, may be enforced in court through action; based on law; the
sanction is judicial due process.

NATURAL OBLIGATION - NATURAL OBLIGATION – defined in Article 1423; a special


kind of obligation which cannot be enforced in court but which authorizes the retention of
the voluntary payment or performance made by the debtor; based on equit y and natural
law. The sanction is the law, but only conscience had originally motivated the payment.

MORAL OBLIGATION – the sanction is conscience or morality, or the law of the church.

b. From the viewpoint of subject matter

REAL OBLIGATION – the obligation to give.


PERSONAL OBLIGATION – the obligation to do or not to do.
c. From the affirmativeness and negativeness of the obligation

POSITIVE OR AFFIRMATIVE OBLIGATION – the obligation to give or to do.


NEGATIVE OBLIGATION – the obligation not to do (which naturally includes not to give).

SOURCES OF OBLIGATION

ARTICLE. 1157 – Obligations arises from;

a. LAW – A rule of conduct, just and obligatory. Refers to principle and regulation

b. CONTRACTS – Is a meeting of minds; if there is no agreement, there should be a


consent

c. QUASI-CONTRACTS – Refer to certain lawful, voluntary and unilateral. NO ONE


SHOULD BE UNJUSTLY ENRICHED OR BENEFITED AT THE EXPENSE OF
ANOTHER.
EX. Negotiorum Gestio – voluntary management of the property without the consent
of the latter.
There is no NG if:
1. When the property is not neglected or abandoned.
2. In fact the manager has been authorize by the owner.
Solutio indebiti – payment by mistake

d. DELICTS – These are crime or felonies committed by someone.


- The commission of a crime makes the offender civilly liable.
- Every person CRIMINALLY LIABLE for a felony is also a civilly liable.

CIVIL LIABILITIES IN DELICTS


1. RESTITUTION - restoration of property previously taken away
2. REPARATION - court determines the amount of damage: price of a thing,
sentimental value etc.
3. INDEMNIFICATION - damages suffered by the family of the injured party or by a
third person by reason of the crime.

ACQUITIAL OF ACCURED
- when acquittal is due to reasonable doubt – no civil liability
- To reasonable doubt - there is civil liability
- when there is preponderance of evidence – there is civil liability
-
PERSON EXCEPT FROM CRIMINAL CASE
- Insane INJURY – Harm
- Below 18 years old DAMAGE – Cause of injury
DAMAGES - Sum of money/recoverable amount
- Self defense
- Under the impulse of an uncontrollable fear (trauma)

PERSON EXCEPT BOTH CIVIL AND CRIMINAL CASE


- Who acts self defense of one self of relatives
- Who acts in the performance of its duties
- Woman suffering from battered woman syndrome

e. QUASI-DELICTS – Omissions that cause damage to another


- It is unintentionally

QUASI-DELICTS VS CRIME-DELICT

a. Is a private right a. Public


b. Plantiff vs respondent b. People of the phil. Vs accused
c. Liability for damage c. No civil liability
d. Compromised d. Imprisonment and fines
e. Criminal intent is not necessary e. Criminal intent is necessary
f. Preponderance of evidence f. Proof beyond reasonable doubt

SUBSIDIARY LIABILITY – Company is subsidiary liable


CIVIL INTERDICTION (GUILTY) – Allows to not give consent

Void, valid, and voidable contracts are agreements that can briefly be described as
follows:

• Void: Not an actual contract and is unenforceable


• Valid: Legally binding and enforceable in a court of law
• Voidable: Valid and enforceable but contains a flaw that may make it void

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