This document discusses the nature and sources of legal obligations under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something that binds the parties. Obligations can arise from law, contracts, quasi-contracts, crimes/delicts, and quasi-delicts. The essential elements of a cause of action are a legal right, a correlative legal obligation, and an act violating that right causing injury. Obligations from law are not presumed and must be expressly established, while obligations from contracts have the force of law between the parties.
This document discusses the nature and sources of legal obligations under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something that binds the parties. Obligations can arise from law, contracts, quasi-contracts, crimes/delicts, and quasi-delicts. The essential elements of a cause of action are a legal right, a correlative legal obligation, and an act violating that right causing injury. Obligations from law are not presumed and must be expressly established, while obligations from contracts have the force of law between the parties.
This document discusses the nature and sources of legal obligations under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something that binds the parties. Obligations can arise from law, contracts, quasi-contracts, crimes/delicts, and quasi-delicts. The essential elements of a cause of action are a legal right, a correlative legal obligation, and an act violating that right causing injury. Obligations from law are not presumed and must be expressly established, while obligations from contracts have the force of law between the parties.
This document discusses the nature and sources of legal obligations under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something that binds the parties. Obligations can arise from law, contracts, quasi-contracts, crimes/delicts, and quasi-delicts. The essential elements of a cause of action are a legal right, a correlative legal obligation, and an act violating that right causing injury. Obligations from law are not presumed and must be expressly established, while obligations from contracts have the force of law between the parties.
CHAPTER I: General Provisions The conduct required. Giving, doing, or
(Arts. 1156-1162) not doing. d. Juridical or legal tie (efficient cause). ARTICLE 1156. An obligation is a juridical necessity to That which binds or connects the give, to do or not to do. parties to the obligation (determined by which source). I. Obligation. is derived from the Latin word V. Form of obligation “obligatio” which means a “tying” or a. The law does not require any form in binding.” obligations arising from contracts. a. It is a tie of law or a juridical bond by b. Obligations arising from other sources virtue. do not have any form at all. b. “a legal relation established between one party and another, whereby the Obligation. is the performance which the law will latter is bound to the fulfillment of a enforce. prestation which the former may demand of him.” (Manresa) Right. is the power which a person has under the law, to c. Article 1156 speaks of obligation in its demand from another any prestation. passive aspect. (Obligor giving, doing, or A wrong (cause of action). Is an act of one party in not doing as a juridical necessity) violation of legal rights of another, cause injury to the II. Juridical necessity latter. a. In case of non-compliance, the courts of justice may be called upon to enforce its VI. Essential elements of cause of action fulfillment or, in default thereof, the a. Elements economic value that it represents. i. a legal right in favor of the b. The debtor or obligor must comply with creditor his obligation. otherwise, he/she will be ii. a correlative legal obligation on subject to legal consequences. the debtor to respect or not to III. Nature of obligations violate said right. a. Civil obligations. iii. an act in violation of the said i. arise from law, contracts, quasi- right by the debtor with contracts, delicts, and quasi- consequential injury or damage delicts (Art. 1157) to the creditor. ii. give right of action in courts of b. If one element is absent, the complaint justice to enforce (compel) their becomes vulnerable to a motion to performance. dismiss on the ground of failure to state b. Natural obligations. a cause of action. i. not based on positive law but i. Because a cause of actions on equity and natural law relies on the sufficiency, not on ii. do not grant a right of action to the veracity, of the allegations enforce their performance of the creditor, which will have (cannot be legally enforced). to be examined during trial. iii. Are not cognizable by the courts c. A cause of action only arises when the unless there has been voluntary last element (an act in violation of a fulfillment by the obligor, they right) occurs. authorize (order) the retention i. Cause of action is governed by of what has been delivered or the procedural law, while right rendered by reason thereof. of action depends on IV. Requisites of an obligation substantive law. Only then will a. Passive subject (debtor or obligor). He the right of action accrue when who has a duty. all the facts which constitute b. Active subject (creditor or obligee). He the cause of action have who has a right. occurred. ii. An obligation on the part of a d. Crimes or acts or omissions punished person cannot exist without a by law (delicts) corresponding right existing in i. Arise from civil liability--which is favor of another, and vice-versa. the consequence of a criminal offense. Injury e. Quasi-delicts or torts a. is the illegal invasion of a legal right. i. Arise from damage caused to b. it is the wrongful act or omission which causes another through fault or loss or harm to another. negligence. c. it is the legal wrong to be redressed. ii. no contractual relation exists between parties. Damage II. Classifications of the sources of obligations a. is the loss, hurt, or harm which results from the a. Law injury. b. Private acts i. Licit acts- contracts, quasi- Damages contracts ii. Illicit acts- delicts, quasi-delicts a. denote the sum of money recoverable as amends for the wrongful act or omission. ARTICLE 1158. Obligations derived from law are not b. are the compensation recoverable for the presumed. Only those expressly determined in this damage or loss suffered. Code or in special laws are demandable and shall be regulated by the precepts of the law which establishes Qui jure suo utitur mullum damnum facit- One who them; and as to what has not been foreseen, by the makes use of his legal rights does no injury. provisions of this Book. damnum absque injuria- damage without injury. I. Legal obligations VII. Kinds of obligation according to subject a. Are not presumed because they are matter. considered a burden upon the obligor. a. Real obligation. obligation to give. b. Exception, not rule. b. Personal obligation. obligation to do or c. To be demandable, they must clearly be not to do. set forth in the law (Civil Code or special i. Positive personal obligation. laws) obligation to do or to render i. Special laws. refer to all other service. laws not contained in the Civil ii. Negative personal obligation. Code. obligation not to do (includes ARTICLE 1159. Obligations arising from contracts have “not to give”). the force of law between the contracting parties and ARTICLE 1157. Obligations arise from: law, contracts, should be complied with in good faith. quasi-contracts, delicts, and quasi-delicts. Contract. is a meeting of minds between two persons I. Sources of obligations whereby one binds himself, with respects to the other, a. Law to give something or to render some service (Art. 1305). i. imposed by the law itself. in all contracts, there are obligations. b. Contracts but not all obligations have contracts. i. Arise from stipulation of parties. c. Quasi-contracts Why are contracts a source of obligation? i. Arise from lawful, voluntary, and unilateral acts. because it has a binding force of law. ii. Enforceable to the end that no one shall be unjustly enriched I. Binding force (of law). In characterizing or benefited at the expense of contracts as having the force of law another. between the parties, the law stresses the obligatory nature of a binding and valid agreement, absent any allegation that is contrary to law, morals, goods customs, I. Kinds of quasi-contracts public order, or public policy. a. Negotiorum qestio. is the voluntary management of the property or affairs Prima Facie- upon initial examination, a legal claim of another without the knowledge or has sufficient evidence to proceed to trial or consent of the latter. Except when: judgement. i. the property or business is not Res judicata- the principle that a cause of action neglected or abandoned by the may not be relitigated once it has been judged on owner; and the merits. (Finality of judging) ii. the manager has been authorized by the owner. II. Requirements of a valid contract b. Solutio indebiti. is the juridical relation a. Essential elements of a contract which is created when something is i. Consent of the contracting received when there is no right to parties demand it and it was unduly delivered ii. Object or subject matter through mistake. It applied where: iii. Cause of the obligation i. Payment is made when there b. Article 1306. If it is not contrary to law, exists no binding relation morals, good customs, public order, between the payor, who has no and public policy. duty to pay, and the person who III. Where contract requires approval by the received the payment; and government. such contract becomes the ii. The payment is made through law between the contracting parties only mistake and not through when approved, and where there is nothing liberality or some other cause. in it which is contrary to law, etc., its validity must be sustained. ARTICLE 1161. Civil obligations arising from criminal IV. Compliance in good faith. performance in offenses shall be governed by the penal laws, subject accordance with the terms of the contract. to the provisions of Article 2177, and of the pertinent V. Liability for breach of contract. a party provisions of Chapter 2, Preliminary Title on Human cannot breach a contract with impunity. Our Relations, and of Title XVIII of this Book, regulating law on contracts recognizes the principle damages. that actionable injury inheres in every Fencer. one who acquire or purchase goods that are contractual breach, possibly even interest if stolen. the court discrete. VI. Preservation of interest of promisee. The I. remedy serves to preserve the interest of Every person criminally liable for a felony is also the promisee of having the benefit of his civilly liable. (A felony is an act or omission bargain, or in being reimbursed for loss punishable by law. It is committed with criminal caused by reliance on the contract, or in intent or by means of negligence). having restored to him any benefit that he In every crime, there is civil liability (with has conferred on the other party. exceptions e.g., drug cases) Ignorance of the law excuses no one from ARTICLE 1160. Obligations derived from quasi- compliance therewith (Article 3 of the Civil contracts shall be subject to the provisions of Chapter Code). 1, Title XVII, of this Book. II. Scope of civil liability Quasi-contract. is that juridical relation resulting from a. Restitution certain lawful, voluntary and unilateral acts by virtue of b. Reparation for the damage caused which the parties become bound to each other to the c. Indemnification for consequential end that no one will be unjustly enriched or benefited at damages the expense of another. ARTICLE 1162. Obligations derived from quasi-delicts “As if” a contract shall be governed by the provisions of Chapter 2, Title no consent, but still supplied by fiction of law. XVII of this Book, and by special laws. it is to prevent injustice.