oblicon

AN OBLIGATION IS A JURIDICAL NECESSITY TO GIVE, TO DO OR NOT TO DO.

Law ; Contracts ; Quasi Contracts ; Acts or omissions punished by law ; Quasi Delicts

ONE IN WHOSE FAVOR THE OBLIGATION IS CONSTITUTED

ONE WHO HAS THE DUTY OF GIVING, DOING OR NOT DOING

Active subject, Passive subject, Object : prestation, and Vinculum juris/Juridical/Legal ties

JURIDICAL/LEGAL TIE; BINDS THE PARTIES TO THE OBLIGATION

Object : Prestation

must be licit, possible, determinate and have pecuniary value

causa

A rule of conduct, just and obligatory, laid down by authority for common observance and benefit

IS A MEETING OF THE MINDS BETWEEN TWO PERSONS WHEREBY ONE BINDS HIMSELF WITH RESPECT TO THE OTHER TO GIVE SOMETHING OR TO RENDER SOME SERVICE

Contact

law between parties, must be complied with in good faith, and parties may freely enter into any stipulations provider they are not contraru to law, morals, good customs and public order or public policy

JURIDICAL RELATION RESULTING FROM LAWFUL, VOLUNTARY AND UNILATERAL ACTS, WHICH HAS FOR ITS PURPOSE, THE PAYMENT OF INDEMNITY TO THE END THAT NO ONE SHALL BE UNJUSTLY ENRICHED OR BENEFITED AT THE EXPENSEOF ANOTHER.

NEGOTIORUM GESTIO and SOLUTIO INDEBITI

REFERS TO THE VOLUNTARY ADMINISTRATION OF THE PROPERTY, BUSINESS OR AFFAIRS OF ANOTHER. WITHIUT HIS CONSENT AND AUTHORITY

REFERS TO PAYMENT BY MISTAKE OF AN OBLIGATION WHICH WAS NOT DUE WHEN PAID.

THESE ARE CRIMES OR FELONIES. THE COMMISSION OF THE CRIME MAKES THE OFFENSER CIVILLY LIABLE.

RESTITUTION, REPARATION and INDEMNITY FOR CONSEQUANTIAL DAMAGES

MUST BE MADE WHENEVER POSSIBLE, WITH ALLOWANCE FOR ANY DETERIORATION, OR DIMINUTION OF VALUE AS DETERMINED BY THE COURT. (ARTICLE 105 OF THE REVISED PENAL CODE OF THE PHILIPPINES)

Restitution

THE COURT SHALL DETERMINE THE AMOUNT OF DAMAGE, TAKING INTO CONSIDERATION THE PRICE OF THE THING, WHENEVER POSSIBLE, AND ITS SPECIAL SENTIMENTAL VALUE TO THE INJURED PARTY, AND REPARATION SHALL BE MADE ACCORDINGLY. (Article 106 of the Revised Penal Code of the Philippines)

Reparation for damage caused

Indemnity for consequential damages

SHALL INCLUDE NOT ONLY THOSE CAUSED THE INJURED PARTY, BUT ALSO THOSE SUFFERED BY HIS FAMILY OR BY A THIRD PERSON BY REASON OF THE CRIME. (Article 107 of the Revised Penal Code of the Philippines)

ACTS OR OMISSIONS THAT CAUSE DAMAGE TO ANOTHER THERE BEING FAULT OR NEGLIGENCE BUT WITHOUT ANY PRE-EXISTING CONTRACTUAL OBLIGATION.

culpa aquiliana

all of the above

proximate cause

ART. 1163. EVERY PERSON OBLIGED TO GIVE SOMETHING IS ALSO OBLIGED TO TAKE CARE OF IT WITH THE PROPER DILIGENCE OF A GOOD FATHER OF A FAMILY, UNLESS THE LAW OR THE STIPULATION OF THE PARTIES REQUIRES ANOTHER STANDARD OF CARE. (1094A)

all of the above

IS SOMETHING WHICH IS SUSCEPTIBLE OF PARTICULAR DESIGNATION OR SPECIFICATION PARTICULARLY DESIGNATED OR PHYSICALLY SEGREGATED FROM ALL OTHERS OF THE SAME CLASS

IS SOMETHING WHICH IS NOT PARTICULARIZED OR SPECIFIED BUT HAS REFERENCE ONLY TO A CLASS OR GENUS

THE CREDITOR HAS THE RIGHT TO THE FRUITS OF THE THING FROM THE TIME THE OBLIGATION TO DELIVER ARISES. HOWEVER, HE SHALL ACQUIRE NO REAL RIGHT OVER IT UNTIL THE SAME HAS BEEN DELIVERED TO HIM

all of the above

SPONTANEOUS PRODUCTS OF THE SOIL, AND THE YOUNG, AND OTHER PRODUCTS OF ANIMALS

ARE THOSE PRODUCED BY LANDS OF ANY KIND THROUGH CULTIVATION OR LABOR.

ARE THOSE DERIVED BY VIRTUE OF A JURIDICAL RELATION.

All the above

all of the above

EXTREME MEASURE OF CARE AND CAUTION

DILIGENCE OF A GOOD FATHER OF A FAMILY

LESS OR NO PRUDENCE

THE OBLIGATION TO GIVE A DETERMINATE THING INCLUDES THAT OF DELIVERING ALL ITS ACCESSIONS AND ACCESSORIES, EVEN THOUGH THEY MAY NOT HAVE BEEN MENTIONED.

ADDITIONS TO OR IMPROVEMENTS UPON A THING

THINGS JOINED TO, OR INCLUDED WITH THE PRINCIPAL THING FOR ITS BETTER USE,

both is correct

TO PAY DAMAGES IN CASE OF BREACH OF THE OBLIGATION IN CASE OF BREACH OF THE OBLIGATION BY REASON OF DELAY, FRAUD, NEGLIGENCE OR CONTRAVENTION OF THE TENOR OF THE OBLIGATION If the obligation is the delivery of generic thing, creditor cannot demand a superior quality nor the debtor can deliver an inferior quality. Must be same quality

Actual (tradition) and Constructive delivery

trandition simbolica (symbolical tradition), traditio longa manu, tradition brevi manu, traditio constitutum possessorium, tradition by execution of legal forms

all of the above

10k

example susi ng bahay ang binigay instead of buhatin yung bahay gurl mabubuhay mo ba yung house

DELIVERY BY MERE CONSENT OR POINTING OUT THE OBJECT

(DELIVERY BY SHORT HAND) - FROM POSSESSOR NON – OWNER TO POSSESSOR OWNER

FROM POSSESSOR OWNER TO POSSESSOR NON – OWNER.

mag ooccur dito yung lahat 3 scope of liability IF SPECIFIC OR DETERMINATE

mag oocur dito yung reparation and indemnity IF GENERIC OR INDETERMINATE