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1
What is an Obligation?
Art. 1156. an obligation is a juridical necessity to give, to do, or not to do.
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Derived from Latin word means "To Bind"
Obligare
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The possessor of a right; he in whose favor the obligation is constituted.
Active Subject/ Obligee or Creditor
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he who has the duty of giving, doing, or not doing.
Passive subject/ Obligor or Debtor
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The reason why the obligation
The Efficient Cause
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The subject matter of the obligation
Object or Prestation
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What is Prestation?
A prestation is an obligation, more specifically, it is the subject matter of an obligation. And may consist of giving a thing, doing or not doing a certain act.
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It is a perfect obligation
Civil Obligation
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It is " Imperfect Obligation"
Moral Obligation
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Does the law require any form in Obligations arising from Contracts?
Written and oral are valid. However there are certain contracts that required contract such as partnership.
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What are the kinds of obligations from the viewpoint of "Sanction"
Civil Obligation Natural Obligation Moral Obligation
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Defined I'm Art. 1156. the sanction is juridical process. Example: (Adele promises to pay Nicki Minaj her (Adele) debt of P1 million.
Civil Obligation
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the duty not to recover what has voluntarily been paid although payment was no longer required. EXAMPLE: Hailey Bieber owes Selena Gomez P1 Million. But the debt has already prescribed. If Hailey Bieber, knowing that it has prescribed, nevertheless still pays Selena Gomez. Hailey cannot later on get back what she voluntarily paid. The sanction is the law of course, but only because conscience had originally motivated the payment.
Natural Obligation
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The duty of a catholic to hear mass on Sundays and holy days of obligation. The sanction here is conscience or morality, or the law of church.
Moral Obligation
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What are the kinds of Obligations from the subject matter
Real Obligation Personal Obligation
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Obligation to give (thing)
Real Obligation
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Obligation to do or not to do (Act)
Personal Obligation (Positive Personal Obligation and Negative Personal Obligation)
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What are the kinds of Obligations from the affirmativeness and negativeness of the obligation.
Positive or Affirmative obligation Negative Obligation
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What are the kinds of obligations from the viewpoint of persons obliged.
Unilateral Bilateral
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The obligation to give
Positive or Affirmative obligation
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The obligation not to do (which naturally includes "not to give"
Negative Obligation
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Where only one of the parties is bound
Unilateral
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Where both parties are bound
Bilateral
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Ex lege means
As a matter of Law
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Ex contractu means
From a Contract
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Ex Maleficio means
From a wrong
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Imposed by the law itself
Law
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Arise from stipulation (Agreement) of the parties.
Contracts
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Arise from lawful, voluntary, and unilateral acts which are enforceable to the end that "No One shall be enriched or benefited at the expense of another."
Quasi-contracts
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Arise from civil liability which is the consequence of a criminal offense.
Crimes or Acts
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arise from damage cost to another through an act or omission, they being fault or negligence, but no contractual relation exists between parties.
Quasi-delicts or Tort
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Obligations derived from law are not presume. Only those expressly determine in this code or in special laws are demandable (Clear), and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book.
Article 1158
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To be demandable they must be clearly.....
Set Forth in the law
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Obligations arising from contracts have the FORCE OF LAW between the contracting parties and should be complied with.....
In Good Faith
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A Contract to be valid must (not be contrary to law, morals good customs, public order, and public policy. What will happen if any of these things violated?
The contract will be void
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Compliance or performance in accordance with the stipulations or terms of the contract or agreement.
Compliance in good faith
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Obligations derived from ............... shall be subject to the provisions of Chapter 1, Title XVII (17) of this book.
Quasi-contracts
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No one shall be unjustly enriched himself at ................
expense of another
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Voluntary management of the property or affairs of another without the knowledge or consent of the latter.
Negotiorum Gestion (Unauthorized management)
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juridical relation which is created when something is received when there is no right to demand on it and it was unduly delivered through space
Solutio Indebiti (Undue Payment)
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Civil Obligations arising from criminal offenses shall be governed by the......
Penal Laws
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Civil Liability arising from Crimes or Delicts every person criminally liable front act or omission is also civilly liable for damages (Makulong + Magbayad)
Crimes which caused material damage
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Civil Liability arising from Crimes or Delicts "There is no civil liability for damage"
Crimes with no material damage
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What are the 3 Scope of Civil Liability?
1. Restitution 2. Reparation of the damage caused; 3. Indemnification for the consequential damages.
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an act or omission by a person (tortfeasor) which caused damage to another in his person, property, or rights giving rise to an obligation to pay for the damage done. (Hindi sinadya)
Quasi-delicts
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Difference between Crime and Quasi-delict.
Crime is punishment. Quasi-delicts is indemnification of offended party.
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Difference between Civil Liability and Criminal Liability
Civil Liability - Dispute between people or organization. - Payment damages Criminal Liability - Offenses against the state - Jail time, penalty
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Another name for quasi-delict or Tort or ......
Culpa Aquiliana