Bilateral Obligations Quiz

Obligations Overview

• Bilateral obligations involve reciprocal roles of debtors and creditors.
• A juridical tie, or efficient cause, connects parties to the obligation.
• Identifying the prestation is crucial for determining the passive and active subjects.

Kinds of Prestation

• To give: Delivery of a movable or immovable thing, creating real rights or simple possession.
• To do: Involves performing services or work, whether mental or physical.
• Not to do: Entails abstaining from certain acts, including “not to give.”

Examples of Prestation

• Contract of sale and loan illustrate prestations to give.
• A contract of labor exemplifies a prestation to do.
• In tax obligations:
  • Passive subject: taxpayer
  • Active subject: government
  • Prestation: paying taxes
• In product delivery:
  • Passive subject: seller
  • Active subject: buyer
  • Prestation: delivering products.

Nature of Obligations

• Unilateral obligations: Only one party is bound, e.g., a loan repayment.
• Bilateral obligations: Both parties are obligated, e.g., in a sales contract.

Sources of Obligation

• Derived from five key sources outlined in Article 1157:
  • Law
  • Contracts
  • Quasi-contracts
  • Crimes or acts punishable by law
  • Quasi-delicts.

Detailed Sources of Obligation

• Law: Obligations imposed by legal requirements (e.g., taxes).
• Contracts: Obligations arise from agreements or stipulations (e.g., loan repayment).
• Quasi-contracts: Created to prevent unjust enrichment through lawful, unilateral acts (e.g., money paid by mistake).
• Criminal acts: Civil liability follows criminal offenses (e.g., theft).
• Quasi-delicts: Damage caused through negligence without contractual relations (e.g., property damage).

Legal Obligations

• Not presumed and must be expressly outlined; they are obligations that act as a burden on the obligor.

Moras (Defaults)

• Mora solvendi: Default by the debtor, which can be:
  • Ex re: Default in real obligations.
  • Ex persona: Default in personal obligations.
• Mora accipiendi: Creditor's default in accepting performance.
• Compensatio morae: Both parties in default in reciprocal obligations.

Requisites for Mora Solvendi

• The obligation must be due, enforceable, and determined.
• Non-performance must be established.
• A demand must be made unless otherwise specified.

Reciprocal Obligations

• Both parties depend on each other’s commitments for performance.
• Performance may occur on different dates or simultaneously depending on the contractual stipulation.

Determining Negligence

• Test for negligence focuses on whether a prudent person would foresee potential harm from their actions.

Distinction Between Crime and Quasi-Delict

• Malicious intent is present in crime, whereas quasi-delict involves only negligence.
• Crime aims at punishment; quasi-delict focuses on indemnification.
• Crime affects public interest, while quasi-delict concerns private interests.

Legal Obligations Implications

• Employers typically have no obligations to provide legal assistance unless expressly required.
• Overpayment of taxes doesn't guarantee interest refunds without legal provisions.

Quasi-Delict Requisites

• Requires an act or omission, fault or negligence, damage caused, and no pre-existing contractual relationship.

These notes summarize key concepts related to obligations, their sources, types, and implications, crucial for understanding the framework governing legal duties and relationships.