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Questions and Answers
An obligation is a juridical necessity to give, to do, or not to ______.
An obligation is a juridical necessity to give, to do, or not to ______.
do
Civil obligation may be enforced in court through ______ due process.
Civil obligation may be enforced in court through ______ due process.
judicial
Natural obligations are based on equity and ______ law.
Natural obligations are based on equity and ______ law.
natural
Positive or affirmative obligation refers to the obligation to give or to ______.
Positive or affirmative obligation refers to the obligation to give or to ______.
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A _____ obligation is where only one of the parties is bound.
A _____ obligation is where only one of the parties is bound.
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In a contract of sale, the buyer is obliged to ______.
In a contract of sale, the buyer is obliged to ______.
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The ______ subject is the one bound to perform the prestation or duty.
The ______ subject is the one bound to perform the prestation or duty.
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Prestation refers to the object, subject matter of the obligation, or conduct required to be observed by the ______.
Prestation refers to the object, subject matter of the obligation, or conduct required to be observed by the ______.
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An obligation may arise from ______, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
An obligation may arise from ______, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
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The efficient cause is the juridical tie which binds the parties to the ______.
The efficient cause is the juridical tie which binds the parties to the ______.
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Study Notes
General Provisions of Obligations
- Obligation Defined: A juridical necessity to give, do, or refrain from doing something, enforceable by law.
- Obligor and Obligee: The obligor is the person who must fulfill the obligation, while the obligee is the person entitled to the benefit.
- Enforceability: If an obligation is breached, the obligee can seek legal remedies.
Types of Obligations
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Sanction Perspective:
- Civil Obligation: Enforceable in court; non-fulfillment leads to judicial action.
- Natural Obligation: Cannot be enforced, but voluntary payments can be retained (e.g., debts paid even if the obligation is prescribed).
- Moral Obligation: Based on conscience or ethos; cannot be legally enforced but may hold moral weight.
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Subject Matter Perspective:
- Real Obligation: Concerned with the duty to give something.
- Personal Obligation: Involves actions to do or refrain from doing (e.g., home maintenance or avoiding nuisance).
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Affirmative and Negative Obligations:
- Positive Obligation: Involves acting or giving.
- Negative Obligation: Involves refraining from action.
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Persons Involved:
- Unilateral Obligation: Only one party is required to act (e.g., one person owes money).
- Bilateral Obligation: Both parties are required to act, can be reciprocal (mutual dependence) or non-reciprocal (independent performances).
Elements of Obligation
- Active Subject: The creditor or obligee who demands performance.
- Passive Subject: The debtor or obligor who must fulfill the obligation.
- Prestation: Refers to the specific action required (to give, to do, or not to do).
- Efficient Cause: The legal connection that binds the obligation.
- Causa: The reason the obligation exists, also known as causa debendi.
Prestation Details
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Prestation Types:
- To Give: Delivering an item (e.g., in sale, donation).
- To Do: Performing work or services (e.g., professional contracts).
- Not To Do: Avoiding specific actions (e.g., adhering to regulations).
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Requisites for Valid Prestation:
- Must be licit (lawful).
- Must be possible (not impossible).
- Must be determinable (specifically identified).
- Must have pecuniary value.
Injury and Damage
- Injury: A wrongful act or omission causing harm to another.
- Damage: The outcome of the injury, encompassing loss or harm.
Sources of Obligation
- Law (Obligation ex lege): Imposed directly by law, cannot be presumed.
- Contracts (Obligation ex contractu): Derive from agreements and mutual consent, enforceable in good faith.
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Additional Sources:
- Quasi-contracts.
- Acts or omissions punishable by law.
- Quasi-delicts, which can create liability for damages.
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Description
Explore the foundational concepts of obligations in contract law as detailed in Chapter 1. Understand the legal implications and the relationship between obligors and obligees. This quiz covers essential definitions and principles related to juridical necessity and enforceability.
