The document discusses key concepts in Philippine contract law. It defines Article 1156 and notes there are three definitions of obligations according to law: the necessity to give property, obligations to do, and obligations not to do. It also discusses the essential requisites of obligations, including that the creditor has the power to demand from the debtor who has the obligation to fulfill the task. There are two kinds of obligations: real obligations to give and personal obligations to do or not to do. Obligations arise from law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
The document discusses key concepts in Philippine contract law. It defines Article 1156 and notes there are three definitions of obligations according to law: the necessity to give property, obligations to do, and obligations not to do. It also discusses the essential requisites of obligations, including that the creditor has the power to demand from the debtor who has the obligation to fulfill the task. There are two kinds of obligations: real obligations to give and personal obligations to do or not to do. Obligations arise from law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
The document discusses key concepts in Philippine contract law. It defines Article 1156 and notes there are three definitions of obligations according to law: the necessity to give property, obligations to do, and obligations not to do. It also discusses the essential requisites of obligations, including that the creditor has the power to demand from the debtor who has the obligation to fulfill the task. There are two kinds of obligations: real obligations to give and personal obligations to do or not to do. Obligations arise from law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
The document discusses key concepts in Philippine contract law. It defines Article 1156 and notes there are three definitions of obligations according to law: the necessity to give property, obligations to do, and obligations not to do. It also discusses the essential requisites of obligations, including that the creditor has the power to demand from the debtor who has the obligation to fulfill the task. There are two kinds of obligations: real obligations to give and personal obligations to do or not to do. Obligations arise from law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
Necessity to give (house and lot, not easily to transmit)
To Do Not to do
Juridical necessity – relationship between 2 parties
Debtor- has the obligation to fulfill the task (OBLIGOR)
Creditor – has the power to demand the debtor (OBLIGEE)
Memonics - paggamit ng words to easily memorize
APPE ESSENTIAL REQUISITES
aCtive – C=creditor (pertains to the creditor, has the power to demand) Passive – “p” malapit sa “O”=obligor (pertains to the debtor, has the obligation to fulfill the task) Prestation – object Efficient cause – vinculum juris, juridical relationship of creditor and debtor (prof and student relationship) “coercive” = pamimilit
KINDS OF OBLIGATION Real – obli to give Personal – obligation to do or not to do Law Moral Public Policy
ART 1167 – OBLIGATION TO DO OR TO RENDER SERVICE (POSITIVE PERSONAL
OBLIGATION)
ART 1168 – OBLIGATION NOT TO DO OR NOT TO GIVE (NEGATIVE PERSONAL
OBLIGATION)
ART 1157 – obligations arise form LCQAQ
Law Contracts Quasi-contracts Acts or omission punished by law Quasi-delict Danyos Permiso – a general perspective Contracts - meeting of minds between two person whereby one binds himself with respect to the other. One of the sources of obligations Civil obligation Consent Object Consideration Quasi-contracts – as if there is contract. QUASI=AS IF konsensiya ang kelangan natural obligation 2 KINDS OF QUASI CONTRACTS Solutio Indebiti (payment by mistajke) Negotiorum gestion (management of another’s property) - you are trying to save his/her property - there is no one forcing you to do something