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Juridical necessity -in case of non compliance the courts of justice maybe called upon to enforce its
fulfillment or, in default thereof, the economic value that it represents.(kailangang gawin dahil pwede
kang kasuhan at eeenfore ang fulfillment) (necessareng gawin)
ESSENTIAL REQUISITES
1. Passive Subject (Obligor)-person who is bound to the fulfillment of the obligation (may
obligasyon)
2. Active Subject (Obligee)- person who is entitled to demand the fulfillment of the obligation( has
a right to demand)
3. Prestation/Object/Subject Matter- conduct required to be observed by the debtor (it may
consist in giving, doing or not doing)
4. Juridical Tie/Legal Tie/ Vinculum juris- binds or connects the parties to the obligation. (Reason
kung Bakit may obligation si passive subject) (
Obligation 1 Obligation 2
Passive subject Tanjiro Inosuke
Active subject Inosuke Tanjiro
Prestation Deliver bottle of wine Pay 1000 pesos
Juridical Tie Contract
Obligation, Rights, Cause of Action (Wrong)
✔️Right- power which a person has under the law, to demand from another any prestation.
Example;
Obligations Rights
Tanjiro ✔️Deliver the bottle of wine Demand collection of 1000
pesos
Inosuke ❌ Pay 1000pesos Demand delivery of bottle of
wine
If Tanjiro delivered the bottle of wine and Inosuke does not pay Tanjiro 1000pesos, Tnajiro will have a
right of action.
Article 1157
1. Law
2. Contacts
3. Quasi-contracts
4. Acts or omission punished by law
5. Quasi-delicts
1. Obligations arising from law (binanggit ng law na may ganito kang obligation)
Examples:
A contract is a meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service. (Bilateral act)
Example:
✔️You received excessive change after buying from a store, it is your obligation to return the excessive
change ( solutio indebiti)
✔️Another person took care of your dog while you’re away, it is your obligation to reimburse him the
necessary expenses he incurred ( negotiorum gestio)
Obligations arising from delicts also known as crime or felony
Unlike other sources of Obligations, delicts produce both criminal and civil
Examples:
Estafa murder rape (note that doing these crimes could get you imprisoned)
This is an act or omission by one party which causes damage to another party wherein there is no
pre-existing contract.
Examples:
✔️Because you are not careful while running in a busy sidewalk, you bumped into a child and the
child suffered the injuries.
In both cases the tortfeasors (organizers, you) will answer for the medical expenses of the audience
(first case) and the child (second case)
1. Restitution- the restitution of the thing itself must be made whenever possible, with allowance
for any deterioration, or diminution of value as determined by the court. ( Comprises the return
of the thing but it can’t be, you'll return the monitary value)
2. Reparation- for the damage cause- 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 (kailangan mong ibalik ang bagay mula
sa dating state)(possible if may sentimental value ang isang bagay ay damaged beyond repair)
3. Indemnification- for consequencial damages- shall include not only those caused the injury
party, but also those suffered by his family or by a third person by reason of the crime.
(Babayaran ang loss)
Example:
Gen stole the vehicle of Senku. Gen was sighted by authority and was engage in a car chase. After a
while, Gen was apprehended by the authority but the vehicle he stole from Senku got damaged .
Furthermore, Senku should have presented the vehicle in a car show the same day Gen stole the said
vehicle. As a result, Senku loss potential income from the car show.
Indemnification- since Gen's act resulted to Senku's loss, Gen will also answer the said loss
Article 1158. Obligations derived from law are not presumed . Only those expressly determined in this
code or in special laws are demandable, 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.( Dapat hindi
inaassume na may obligation)
Example:
ARTICLE 1159 – Obligations arising from contracts have the force of law between the contracting parties
and should be complied within good faith. ( As long as ang dalawang tao ay bound sa isang contract
dapat silang mag complied)
ARTICLE 1161- civil Obligations arising from criminal offenses shall be governed by the penal laws,
subject to the provisions of article 2177, and pertinent provisions of Cahpter 2, Preliminary title on
Human Relations and of Title XVII of this book, regulating damages.