1.

Define or give meaning to the following:

a. Obligation
It is the moral or duty that needs a personal to perform, moreover because the
potential penalties for the failure to perform. An obligation is additionally an obligation
to try to what's imposed by a contract, promise, or law. Within the most general sense,
duty could be a synonym of obligation. When getting more technical, obligation refers to
the tie that binds a celebration to complete a task, perform an action, or pay a required
amount of cash in accordance with the customs and laws of the country during which the
agreement has been made.
b. Quasi – contract
It is a contract that's created by the court when no such official contract exists
between the parties, and there's a dispute with relevance payment for goods or services
provided. Courts create quasi contracts to stop a celebration from being unjustly enriched,
or from cashing in on things when he doesn't need to do so.
c. Compliance in good faith
It is additionally central to the cash equivalent concept of a holder in due course. A
holder may be a one who takes an instrument, like a check, subject to the reasonable
belief that it'll be paid which there aren't any legal reasons why payment won't occur. If
the holder has taken the check for value and in honesty believes the check to be good, she
or he's a holder in due course, with sole right to recover payment. If, on the opposite
hand, the holder accepts a make certain has been dishonored, she or he has knowledge
that something is wrong with the check and so cannot allege the check was accepted
within the straightness belief that it had been valid.
d. Solutio indebiti
It refers to the juridical relation which arises whenever someone unduly delivers a
thing through mistake to a distinct who has no right to demand it. If something is
received when there is not any right to demand it, and it had been unduly delivered
through mistake, the duty to return it arises.
e. Damages
In law, money compensation for loss or injury caused by the wrongful act of another.
Recovery of damages is that the objective of most civil litigation.

2. What are the requisites of an obligation? Give an example to illustrate them.

a. A passive subject
b. An active subject
c. An object or prestation
d. A juridical tie, legal tie or the vinculum
 Example: Under a contract of sale, D agreed to deliver a book to C for Php1000.
 C is the active subject
 D is the passive subject
 The delivery of the book is the prestation
 The contract of sale is the juridical tie that binds X and Y.

3. Why are obligations under the Civil Code a juridical necessity? Explain.
Obligation is a juridical necessity because in case of non-compliance, the courts of
justice may be called upon by the aggrieved party to enforce its fulfillment or in default
thereof, the economic value that it represents. For example, I went out to buy some goods but
it is required to wear face mask but I did not follow the rules, I will be punished for that.
Another example, Lenmari killed her ex-boyfriend Cayle because she caught him cheating on
her. Camille saw Lenmari killed her brother then she reported it to the police. Lenmari is
convicted of committing murder and the law sentenced her for a lifetime imprisonment.

4. What are the elements or requisites in order that a person may acquire a right of action in
court against another to enforce the performance of the latter’s obligation?
The elements or requisites are active subject which is the person who can demand
the fulfilment of the object or presentation, called the creditor or obligee, passive subject
which is the person who is bound or has the duty to fulfill the obligation, called the
debtor or obligator, prestation which is the subject matter of the obligation. It is either the
giving of a thing, or the doing, or not the doing of something, and juridical tie which
binds the parties to the obligation.

5. May a person incur obligations even without entering into a contract or voluntary
agreement? Explain.
Yes, because obligations don't only arise from contracts. They’ll be imposed by law,
arise from quasi-contracts, from crimes or acts or omissions punished by law and from quasi-
delicts or torts. You’ll have an obligation in order that nobody are unjustly benefited or
enriched at the expense of somebody else, or if you commit against the law, or if you cause
damage because of fault or negligence.

6. While the car of Mr. X was parked by the roadside, it was bumped at the rear by a jeep
owned by Mr. Y. Only the car of Mr. X suffered damages. Under the circumstances,
does it follow that Mr. Y is liable for the damage?
Yes, because even if there is no pre-existing contractual relation between them, X’s
car was damaged due to the negligence of Y. If Y did not bump X’s car, X’s car would not
have been damaged. Thus, Y is liable to X for the damages. According to Article 1162.
“Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2,
Title XVII of this Book, and by special laws.”