Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

RFBT (Pinnacle Notes)

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

Obligations The meeting of the minds of two or more person,

whereby one binds himself, with respect to the other, to


Art. 1156 – Obligation is the juridical necessity to give, to do or give something or to render some service (Article 1305).
not to do.
3. Quasi-contracts
Elements of Obligations:
Whoever voluntarily takes charge of the agency,
1. Passive Subject (Obligor or Debtor)
business or property of another without any power or
The person who will be giving, doing or not doing the authority from the latter, the former can seek
prestation or the object of the obligation. reimbursement from the latter. Nobody shall be unjustly
enriched at the expense of another.
2. Active Subject (Obligee or Creditor)
a. Negotiorom Gestio (Officious Management)
The person in whose favor the obligation is constituted.
He is known as the active subject because he is the Example: Person A has a farm. A takes a vacation
party with the right to demand performance of the and leaves the farm alone. While on the vacation, B
obligation. worried about the farm or a calamity happened. B
took care of the plants and animals of the farm and
3. Prestation or object incurred expenses while doing so. B can reimburse
the expenses from A.
This subject matter is the act of giving (thing), doing
(act) or not doing (to not act). b. Solutio Indebiti
4. Vinculum Juris (Juridical Tie) Payment not due or payment by mistake. If a person
is paid where there is no right to receive it, he has
Refers to the juridical tie or efficient cause that binds the
the obligation to return what he has received.
parties to the obligation.
4. Delicts
Civil Law vs. Natural Law
If a person commits a crime, he will be criminally and
Civil obligations are based on positive law. It is enforceable in
civilly liable (indemnity for damages). However, criminal
the court of law and there is the juridical necessity to perform it.
liability is separate from the civil liability.
Natural obligations are based on equity or natural law. It is not
5. Quasi-delict
enforceable in the court of law and there is no juridical necessity
to perform it. Performance is because of conscience. A negligence in itself by a person even without a pre-
existing contract.
Sources of Obligations
Three kinds of Negligence
1. Law
1. Culpa contractual - negligence that arises from the
Whatever obligation is imposed by Law, you have to do
breach of a contract.
it. An obligation under the law is never presumed.
2. Culpa aquilliana - negligence that arises with no pre-
2. Contracts existing contract.
3. Culpa criminal - negligence or civil liability that arises
from a crime.

You might also like