Article 1156: Juridical Necessity Quiz and Flashcards

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Questions and Answers

Which of the following is NOT an essential element of obligation?

Reason (correct)

Object

Passive Subject

Active Subject

What is the term used for the legal tie or efficient cause that binds the parties in a contract?

Passive Subject

Active Subject

Prestation

Juridical Vinculum (correct)

Which source of obligation arises from a judgment of the court?

Obligation created by law

Oral contract

Written contract

Judgment of the court (correct)

What is a meeting of minds between two persons whereby one binds himself to give something or render some service?

Contract Signup and view all the answers

In which type of quasi-contract does voluntary management occur with the property being abandoned?

Negotiorum Gestio Signup and view all the answers

What type of obligation arises from lawful, voluntary, and unilateral acts?

Quasi-contract Signup and view all the answers

What is the term for receiving payment by mistake?

Solution Indebiti Signup and view all the answers

In civil liability, what does the term 'reparation' refer to?

Repair Signup and view all the answers

Which type of obligation arises from lawful, voluntary, and unilateral acts?

Quasi-Contractual Obligation Signup and view all the answers

What is the basis of distinction between delict and quasi-delict?

Purpose Signup and view all the answers

Which type of obligation is based on a contract or voluntary agreement?

Quasi-Contractual Obligation Signup and view all the answers

What Latin term is used for obligations arising from a delict or crime?

Ex Delicto Signup and view all the answers

What is the term for the Latin principle that means 'ignorance of the law excuses no one from compliance'?

Ignorantia Legis Neminem Excusat Signup and view all the answers

Which Latin principle emphasizes that 'no one is above the law'?

Nemo Est Suprema Lex Signup and view all the answers

From which Latin word is the term 'obligation' derived?

ObliGatio Signup and view all the answers

Which part of the law defines the rights and duties of parties?

Substantive Law Signup and view all the answers

What is the significance of 1305-1422 in relation to law?

Period of contracts under Obligation law Signup and view all the answers

In the context of law, what does 'Dura Lex Sed Lex' imply?

'The law may be harsh but it's the law' Signup and view all the answers

Study Notes

Juridical Necessity

An obligation is a juridical necessity to give, to do, or not to do.
We can demand and file a case in court to fulfill a real obligation.

Civil Obligation

Positive obligation: enforceable by law and demanding performance.
Negative obligation: demanding non-performance.

Natural Obligation

Based on equity or natural law, but cannot be demanded.

Prescription/Statute of Limitation

Extinctive: lose the thing after a certain period.
Acquisitive: acquire the thing after a certain period.
Injury to the rights of the plaintiff: e.g., quasi-delicts, defamation, ejectment.
1-year essential requisits/elements of obligation.

Elements of Obligation

Active subject/obligee/creditor: can demand the obligation.
Passive subject/obligor/debtor: performs the obligation.
Object/prestation/service: subject matter of the obligation.
Juridical vinculum/legal tie/efficient cause: reason binding the parties, e.g., contracts.

Sources of Obligation

Law (Article 1218): 10 years, written contract, obligation created by law, judgment of the court, oral contract, quasi-contract.
Contracts: a meeting of minds between two persons, whereby one binds himself to give something or render some service (Article 1305).
Quasi-contract: arises from lawful, voluntary, and unilateral acts, e.g., negotiorum gestio, solutio indebiti.
Delict/crime/felony: acts or omissions punishable by law, with 2 liabilities: criminal (imprison) and civil (pay damages).
Quasi-delict: no contract, but damage caused due to negligence.

Types of Obligations

Legal obligation (Ex Lege): obligations presumed not to exist, e.g., money from gambling.
Contractual obligation (Ex Contractu): obligatory force of contract, parties must comply.
Quasi-contractual obligation (Ex Quasi-Contractu): arises from lawful, voluntary, and unilateral acts.
Personal obligation (Ex Delicto): every person criminally liable is also civilly liable.

Scope of Civil Liability

Restitution: return.
Reparation: repair.
Indemnification: pay damages.

Delict vs. Quasi-Delict

Basis of detection: requisition, purpose, affected, liabilities, compromise, evidence.
Delict: malicious intent, imprison, public, criminal and civil liabilities, no proof beyond reasonable doubt.
Quasi-delict: negligence, payment of damages, private, civil liability, ponderance of evidence.

History of Law

Started from Greece, Rome, Spain, and Philippines.

Classification of Law

Subject divided into two parts: obligation (1156-1304) and contracts (1305-1422).
As to its purpose: substantive (creates and defines rights and duties) and adjective/remedial (provides cure and remedy).
As to its subject matter: public (affects everyone) and private (for purely private ends).
8 major classifications of law: civil, taxation, commercial, criminal, labor, legal ethics, constitution, and remedial law.

Latin Principles

Ignorantia Legis Neminem Excusat: ignorance of the law excuses no one from compliance.
Nemo Est Suprema Lex: no one is above the law.
Dura Lex Sed Lex: the law may be harsh, but it's the law.

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Description

Test your knowledge on Article 1156 which outlines civil obligations, prescription, and types of personal obligations in legal contexts. Explore concepts like positive law enforceability, natural obligations, and the difference between positive and negative personal obligations.