Sources of Obligation

SOURCES OF OBLIGATION Ans.
: Because there is no contract to be agreed

upon.
1.) LAW
(4) CRIMES OR ACTS OR OMISSIONS PUNISHED BY
Obligation derive from law are not presumed. LAW.
Ex: We have to pay the tax that is charged to us. -arise from civil liability which is the
Question: Why we have to pay the tax? consequence of a criminal offense
Ans.: Because that is enactments by Congress or -it is also known as delicts,

Government -With intentional action/malicious intent
2.) CONTRACTS -these are crimes
Obligation arising from contract are have the force of - if you commit a crime there are 2
the law between the contracting parties and should obligations: civil liability and criminal liability
be complied in good faith.
E.g. if you steal something then you are criminally
It has 3 elements: liable for theft and you can be imprisoned, at the
1.) CONSENT- an agreement to do something. same time there is a civil liability where you will have
to return or to pay the value of the thing that you
2.) OBJECT- what has been promised. stole.
3.) CAUSE- the promise of the thing. Q: Is a person criminally liable also civilly liable?
Ex: Obligation to pay rent, contract of sales A: Every person criminally liable for a felony is also
civilly liable. As a general rule, a person committed
Question: Why? an offense who is criminally liable is also civilly liable.
Ans.: Because those are arise from contracts. (5) QUASI-DELICTS OR TORTS.
3.) QUASI-CONTRACT - arise from damage caused to another
arising from lawful, voluntary and unilateral acts through an act or omission, there being fault or
which are enforceable to the end. Based on the negligence, but no contractual relation exists
principle that no one shall unjustly enrich at the between the parties.
expense of another. Thus, not based on an -It looks like delicts
agreement, but based on what the law tell that you
have to do. -Unintentionally
TWO TYPES -Caused of damage because of negligence.
1.) NEGOTIORIUM GESTIO (UNAUTHORIZED E.g. = you are driving while using cellphone and then
MANAGEMENT) you hit a person crossing the road.
happens when one person takes charge of the Negligence – using cellphone
business or property without authority.
Damage – the ferson was hit.
The owner benefited from it, thus he must
recompense the one who tries to save his/her Damages – pay forda damage done. DAMAGES ===
belongings. MONEY (KABAYARAN)
2.) SOLUTIO INDEBITY (UNDUE PAYMENT)
delivers a thing by mistake to another who has no (difference) A quasi-delict is a wrong which occurs
right to demand it. unintentionally, as a result of something like
negligence, whereas a true delict (crimes) requires
Question: Why without authority? intentional action.
What is the difference between the Real and
Personal obligation.
-The difference between the Real obligation and

Personal obligation. The personal obligation is an
obligation to do or not to do while the real obligation
is an obligation to give.
Personal obligation- obligation to do or not to do or

to render service.
Para mas maintindihan niyo ang Personal obligation.

Mag aadd ako ng example about sa kinds ng
Personal Obligation which is Positive Personal
Obligation and Negative Personal Obligation.
Positive Personal Obligation-If the debtor obliges

himself to pay a portrait of the creditor. Kaya
personal obligation siya kasi, it is an obligation to do
o obligasyon niya n bayaran ang portrait. More
specifically it is a positive personal obligation.
Let us say the debtor promised not to compete with

the creditor in his business then that is a negative
personal obligation.
For example:
when you enter into an employment contract or an

employer with establishment sometimes they will
ask you to sign some documents or contracts. And
part of the contrct is what we call the non disclosure
clause or non disclosure agreement.
When we say Non disclosure clause or non

disclosure agreement means that the employee
should not divulge or the employee should not
reveal confidential information or trade secrets that
he/she learned from the business or the
establishment of the employer. Even if there is no
longer the employer employee relationship.
Let us say the employee retired or the employee

resigned that obaligation still survive.
And that is an example of negative personal

obligation.
obligation to do is also known as positive personal

obligation kapag obligation not to do nmn negative
personal obligation

Sources of Obligation

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SOURCES OF OBLIGATION Ans.

: Because there is no contract to be agreed

Ans.: Because that is enactments by Congress or -it is also known as delicts,

2.) SOLUTIO INDEBITY (UNDUE PAYMENT)

-The difference between the Real obligation and

Personal obligation- obligation to do or not to do or

Para mas maintindihan niyo ang Personal obligation.

Positive Personal Obligation-If the debtor obliges

Let us say the debtor promised not to compete with

when you enter into an employment contract or an

When we say Non disclosure clause or non

Let us say the employee retired or the employee

And that is an example of negative personal

obligation to do is also known as positive personal

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