The document discusses the different types of obligations under Philippine law. It defines obligation as the juridical necessity to give, do, or not do something. There are five main sources of obligations: 1) law, 2) contracts, 3) quasi-contracts, 4) delicts, and 5) quasi-delicts. Contracts involve an agreement between two parties where one party binds themselves to give or render a service to the other. Quasi-contracts refer to situations where a person voluntarily takes responsibility for another's property or business without authorization.
The document discusses the different types of obligations under Philippine law. It defines obligation as the juridical necessity to give, do, or not do something. There are five main sources of obligations: 1) law, 2) contracts, 3) quasi-contracts, 4) delicts, and 5) quasi-delicts. Contracts involve an agreement between two parties where one party binds themselves to give or render a service to the other. Quasi-contracts refer to situations where a person voluntarily takes responsibility for another's property or business without authorization.
The document discusses the different types of obligations under Philippine law. It defines obligation as the juridical necessity to give, do, or not do something. There are five main sources of obligations: 1) law, 2) contracts, 3) quasi-contracts, 4) delicts, and 5) quasi-delicts. Contracts involve an agreement between two parties where one party binds themselves to give or render a service to the other. Quasi-contracts refer to situations where a person voluntarily takes responsibility for another's property or business without authorization.
The document discusses the different types of obligations under Philippine law. It defines obligation as the juridical necessity to give, do, or not do something. There are five main sources of obligations: 1) law, 2) contracts, 3) quasi-contracts, 4) delicts, and 5) quasi-delicts. Contracts involve an agreement between two parties where one party binds themselves to give or render a service to the other. Quasi-contracts refer to situations where a person voluntarily takes responsibility for another's property or business without authorization.
Download as DOCX, PDF, TXT or read online from Scribd
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.