OBLIGATIONS AND CONTRACTS General Provisions GQ 1.

Chapter 1
1. What is an obligation?
- It is a tie or bond recognized by law by virtue of which one is bound in favor of another to
render something- and this may consist in giving a thing, doing a certain act, or not doing a
certain act.
2. What are the obligations laid out in Article 1156 of the New Civil Code?
- Merely stresses the duty under the law of the debtor or obligator (he who has the duty of
giving doing, or not doing) when it speaks of obligation as a juridical necessity.
- To give
- To do
- Not to do
3. Why is an obligation a juridical necessity?
- 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.
- The debtor must comply with his obligation whether he likes it or not; otherwise, his failure
will be visited with some harmful or undesirable consequences.
4. Distinguish Natural Obligation and Civil Obligations.
- A civil obligation is based on positive law; hence, it is enforceable by court action.
A natural obligation on the other hand, is based on natural law; hence, it is not enforceable
by court action.
5. What is the effect if the debtor in natural obligations voluntarily fulfils his obligation?
- The latter may not recover what has been delivered or rendered by reason thereof.
6. What are the essential requisites of an obligation?
- Passive subject (debtor or obligator) – the person who is bound to the fulfillment of the
obligation
- Active subject (creditor or obligee) – entitled to demand the fulfillment of the obligation; he
who has a right
- Object or prestation (subject matter of the obligation) – the conduct required to be observed
by the debtor.
- Juridical or legal tie (efficient cause) – which binds or connects the parties to the obligation.
7. What are the different forms of obligations?
- Form of an obligations refers to the manner in which an obligation is manifested or incurred.
- Oral, writing, or partly oral and partly in writing
- As a general rule, the law does not require any form in obligations
8. Distinguish Obligation, right and wrong.
- Obligation - is the act or performance which the law will enforce
- Right - is the power which a person has under the law, to demand
- Wrong – is an act or omission of one party in violation of the legal right or rights (recognized
by law) of another.
9. What are the kinds of obligations according to the subject matter?
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- Real obligation (obligation to give) – the subject matter is a thing which the obligator must
deliver to the oblige.
- Personal obligation (obligation to do or not to do) – the subject matter is an act to be done or
not to be done.
*positive personal obligation – obligation to do or to render service.
*negative personal obligation – obligation not to do.
10. What are the five sources of obligation?
- Law – when they are imposed by law itself
- Contracts – when they arise from the stipulation of the parties
- Quasi-contracts – when they arise from lawful, voluntary and unilateral acts which are
enforceable to the end that no one shall be unjustify enriched or benefited at the expense of
another
- Crimes or acts or omission punished by law – when they arise from civil liability which is
the consequence of a criminal offense
- Quasi-delicts or torts – when they arise from damage caused to another through an act or
omission
11. Does a quasi-contract consist of a LUV act?
- YES. Quasi contract is consist of Lawful, Unilateral, Voluntary act by virtue of which the
parties become bound to each other based on the principle that no one shall be unjustly
enriched or benefited at the expenses of another.(art1157)
12. Define a contract.
- A contract is a meeting of minds between 2 persons whereby one binds himself, with respect
to the other, to give something or to render some service.
13. A contract is void if it is contrary to ___(5) Things .
- To law, morals, good customs, public order, or public policy.
14. What are the kinds of quasi contract? Define each.
- Negotiorum gestio – is the voluntary management of the property or affairs of another
without the knowledge or consent of the latter.
- Solutio indebiti – juridical relation which is created when something is received when there
is no right to demand it and it was unduly delivered through mistake.
15. What do you think is the requisite to be considered Negotiorum Gestio?
- Y must not be authorized by the owner either expressly or impliedly.
- The assumption of Y must be made in good faith.
16. What are the requisites of solutio indebiti?
- There is no right to receive the thing delivered
- The thing was delivered through mistake
17. What is the scope of civil liability arising from crimes?
- Restitution
- Reparation for the damaged caused
- Indemnification for consequential damages
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18. What are the requisites of quasi delict?

- There must be an act or omission
- There must be fault or negligence
- There must be damaged caused
- There must be a direct relation or connection of cause and effect between the act or omission
and the damage
- There is no pre-existing contractual relation between parties
19. If there is a prior contractual relation between the parties, can it be considered a quasi-delict?
- I guess yes, because even if both parties had contractual relation still it is considered quasi-
delict because if the act happened accidentally and must feel guilty to pay for the damaged
caused.
20. Distinguish crime and quasi-delict.
- In crime, the purpose is punishment, while in quasi-delict, indemnification of the offended
party.