Joennel A.

Simon
H304 – CAKO
Legal Aspects in Tourism and Technologies

Assignment #1

What are the sources of obligation? Explain each

1. LAW – a reasonable and mandatory code of behavior established by a legitimate authority for
general benefit and observance. Additions emerge when mandated by the law itself and are not
presumptive. For example, an obligation arising from law is the payment of taxes.
2. CONTRACT – The parties agreement gives birth to obligations. It should be performed with in
good faith as it has legal force. When responsibilities result from a contract between two or
more parties. For example, a contract of sale between a buyer and a seller in which the
obligation arises.
3. ACTS OR OMISSIONS PUNISHABLE BY LAW – The civil liability resulting from carelessness under
the penal code is completely different and distinct from the duty for fault or negligence under a
quasi-delict (Art. 2176, CC). However, the plaintiff is not allowed to receive comensation for the
defendants same action or inaction again. For example theft and murder are forbidden under
the new penal code. Shoul you commit any of them, you may be required to pay penalties and
damages or face jail time.
4. QUASI-CONTRACTS – wherein permission is only implied by law so that one would be unfairly
enriched at the expense of another, and duties arise from a legal voluntary conduct. They speak
of specific legal, voluntary and unilateral actions that establish a legal relationship with the goal
of preventing unfair financial gain for one part at the expense of another.
5. QUASI-DELICTS – Even though there is no formal contract between the parties, obligations arise
when one partys actions of inaction causes harm to another.