STUDY GUIDE

I. Definitions
An obligation is a course of action that someone is required to take, whether legal or moral.
Obligations are constraints; they limit freedom. People who are under obligations may
choose to freely act under obligations.
A quasi-contract is a fictional contract recognized by a court. The notion of a quasi-contract
can be traced to Roman law and is still a concept used in some modern legal systems.
In contract law, the implied covenant of good faith and fair dealing is a general presumption
that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as
to not destroy the right of the other party or parties to receive the benefits of the contract. It
is implied in a number of contract types in order to reinforce the express covenants or
promises of the contract.
A wrong is an act that is illegal or immoral. Legal wrongs are usually quite clearly defined in
the law of a state and/or jurisdiction. They can be divided into civil wrongs and crimes in
common law countries, while civil law countries tend to have some additional categories,
such as contraventions.
INDEBITI SOLUTIO, civil law. The payment to one of what is not due to him. If the payment
was made by mistake, the civilians recovered it back by an action called condictio indebiti;
with us, such money may be recovered by an action of assumpsit.

II. Discussions

Essential requisites of an obligation –

1.) a) An active subject, who has the power to demand the prestation, known as the
creditor or oblige;
2.) b) A passive subject, who is bound to perform the prestation, known as debtor or obligor.
3.) c) An object or the prestation which may consist in the act of giving, doing or not doing
something.
4.) d) The vinculum juris or the juridical tie between the two subjects by reason of which the
debtor is bound in favor of the creditor to perform the prestation. It is the legal tie which
constitutes the source of obligation the coercive force which makes the obligation
demandable. It is the legal tie which constitutes the devise of obligation the coercive
force which makes the obligation demandable.
Example: Gaya enters into a contract of sale with Tito who paid the purchase of a GE
refrigerator. Gaya did not deliver the refrigerator. Gaya is the passive subject or debtor and Tito
is the active subject or creditor. The object or prestation is the GE refrigerator and the obligation
to deliver is the legal tie or the vinculum juris which binds Gaya and Tito.
 Obligation is a legal requirement, and in the event of non-compliance, the courts of
justice may be called upon by the party concerned to impose its enforcement or, in default, the
economic interest it serves.
In order that one may claim to have a cause of action, the following elements must
concur:
(1) a right in favor of the plaintiff by whatever means and under whatever law it arises or
is created;
(2) an obligation on the part of the named defendant to respect or not to violate such
right; and
(3) an act or omission on the part of such defendant in violation of the right of the plaintiff
or constituting a breach of the obligation of the defendant to the plaintiff for which the
latter may maintain an action for recovery of damages or other appropriate relief. In
other words, "a cause of action arises when that should have been done is not done, or
that which should not have been done is done.

Yes, because obligations do not only arise from contracts. They can be imposed by law, arise
from quasi-contracts, from crimes or acts or omissions punished by law and from quasi-delicts
or torts.

III. Problems

1.) Acc. Art.1160. Yes, Y is liable to X even if she did not give her consent. X fed Y’s
child and incurred expenses and this should be reimbursed by X to prevent
anyone being unjustly enriched or benefited at the expense of other.
2.) Acc. Art.1162.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.
3.) Acc. Art.1158. X doesn’t have a right to ask for indemnity from R because there
is no law that requires
4.) Acc. Art.1159. No, because when D loaned from C, he entered in voluntary
agreement and D was willing and therefore contract is valid. Thus, D should
comply with their agreement in good faith and does not have a legal justification
to refuse payment to C.