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Chapter 1 - Obligation and Contracts - Rivera
Chapter 1 - Obligation and Contracts - Rivera
OBLIGATION CHAPTER 1
GENERAL PROVISIONS
Questions:
Discussion
Form of Obligations
- Oral or in writing
- Partly oral and partly writing
Discussion:
- Personal Obligation is that in which the subject matter is an act to be done or not to be done)
1. Law- (family code of the Philippines the relationship between husband and wife that law lay
down the obligation of the husband and the wife to one another to observe love, loyalty,
respect, and support to one another)
2. Contracts- (these are the obligation that are agreed upon by the parties)
3. Quasi- contracts- (voluntary management of the property of another person, receive something
or an amount that was delivered to you by mistake you have the obligation to return under the
principles of quisi contracts)
4. Acts or commissions punishable by law and- (this refers to the commission of crimes) (delicts or
crimes there is an element of intent
(Juan killed Pedro so Juan committed a crime of murder or crime or homicide the agreed party there is
the people of the Philippines so Juan there has the obligation not only to pay for the single aspect of
killing but has to be convicted so that he will be imprisoned, the crime of rape punishable by law)
*Art 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 (1090)
Provision
*Art. 1159 Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith.
Contractual Obligation
What is a contract? A contract is a meeting of minds between two persons whereby one binds
himself, with respect to the others to give something or to render some service (1305)
Binding force
Valid Contract (Essential Elements)
Requirement of a vali contract
Breach of Contract
Compliance In Good Faith
Provision
Art 1160 Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1 Title
XBll, of this Book, (n)
Discussion
Negotiorum gestion- is the voluntary management of the property of affairs of another without
the knowledge or consent of the latter.
Solution indebity- is the juridical relation which is created when something is received when
there is no right to demand it and is was unduly delivered through mistakes.
Provision
*Art. 1161 Civil obligations arising from Criminal offenses shall be governed by the penal laws, subject to
the provisions of article 2177, and of the pertinent provisions of Chapter2, Preliminary title, on Human
relations, and of Title XVll of this book, regulating damage
Provision
*Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title
XVll of this Book, and by special laws.
Discussion: