Podcast
Questions and Answers
A passive subject is also known as a debtor or ______
A passive subject is also known as a debtor or ______
obligor
An active subject is also known as a creditor or ______
An active subject is also known as a creditor or ______
oblige
The conduct required by the passive subject is known as the object or ______
The conduct required by the passive subject is known as the object or ______
prestation
A juridical tie binds the parties to the ______
A juridical tie binds the parties to the ______
Signup and view all the answers
Real obligation involves the obligation to ______
Real obligation involves the obligation to ______
Signup and view all the answers
Negative personal obligation involves an obligation ______ to do
Negative personal obligation involves an obligation ______ to do
Signup and view all the answers
Quasi-judicial agencies are administrative bodies under the executive branch performing ______ functions
Quasi-judicial agencies are administrative bodies under the executive branch performing ______ functions
Signup and view all the answers
The National Labor Relations Commission is an example of a quasi-judicial ______
The National Labor Relations Commission is an example of a quasi-judicial ______
Signup and view all the answers
Article 1156 of the Civil Code of the Philippines states the definition of ______
Article 1156 of the Civil Code of the Philippines states the definition of ______
Signup and view all the 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 ______
Signup and view all the answers
In non-compliance with an obligation, the aggrieved party may call the courts to enforce its ______
In non-compliance with an obligation, the aggrieved party may call the courts to enforce its ______
Signup and view all the answers
The law on obligations and contracts deals with the nature and sources of obligations and the rights and duties arising from agreements and particular ______
The law on obligations and contracts deals with the nature and sources of obligations and the rights and duties arising from agreements and particular ______
Signup and view all the answers
Positive Law is a body of manmade laws consisting of codes, regulations, and statutes enacted or imposed within a political entity such as a state or nation. It is also known as ______.
Positive Law is a body of manmade laws consisting of codes, regulations, and statutes enacted or imposed within a political entity such as a state or nation. It is also known as ______.
Signup and view all the answers
Municipal Law is the internal law of a sovereign state. It includes state, provincial, territorial, regional, or local law of a state. It is also known as ______.
Municipal Law is the internal law of a sovereign state. It includes state, provincial, territorial, regional, or local law of a state. It is also known as ______.
Signup and view all the answers
Civil Law is a body of rules governing private rights and remedies between individuals in contracts, property, and family law. It deals with legal disputes between ______.
Civil Law is a body of rules governing private rights and remedies between individuals in contracts, property, and family law. It deals with legal disputes between ______.
Signup and view all the answers
Imperative Law is a rule of action imposed by some authority that enforces obedience. It is a law that ______.
Imperative Law is a rule of action imposed by some authority that enforces obedience. It is a law that ______.
Signup and view all the answers
Divine Law is the law of religion and faith concerns the concept of sin. It is formally promulgated by God and revealed to humanity through direct revelation. An example is ______.
Divine Law is the law of religion and faith concerns the concept of sin. It is formally promulgated by God and revealed to humanity through direct revelation. An example is ______.
Signup and view all the answers
Natural Law is the divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by internal dictates of reason alone. It espouses the belief that every man understands right and wrong based on the basic standard of ______ and evil.
Natural Law is the divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by internal dictates of reason alone. It espouses the belief that every man understands right and wrong based on the basic standard of ______ and evil.
Signup and view all the answers
Ben voluntarily took steps to prevent Alex’s poultry from being affected by the ______ outbreak.
Ben voluntarily took steps to prevent Alex’s poultry from being affected by the ______ outbreak.
Signup and view all the answers
Solutio indebiti is the juridical relation created when something is received even when there is no right to receive it, which was unduly delivered by ______.
Solutio indebiti is the juridical relation created when something is received even when there is no right to receive it, which was unduly delivered by ______.
Signup and view all the answers
Andy sent a package to Bea at the latter’s address in Makati. Unfortunately, Bea already moved to ______.
Andy sent a package to Bea at the latter’s address in Makati. Unfortunately, Bea already moved to ______.
Signup and view all the answers
Requisites that must be present for a quasi-contract of solutio indebiti to exist: i. There is no right to receive the thing delivered. ii. The thing was delivered by ______.
Requisites that must be present for a quasi-contract of solutio indebiti to exist: i. There is no right to receive the thing delivered. ii. The thing was delivered by ______.
Signup and view all the answers
When a crime is committed, and material damage is caused by virtue thereof, civil liability arises, and this is when an ______ is created.
When a crime is committed, and material damage is caused by virtue thereof, civil liability arises, and this is when an ______ is created.
Signup and view all the answers
Restitution is where the obligor shall return the object of the ______.
Restitution is where the obligor shall return the object of the ______.
Signup and view all the answers
Obligation of parents to exercise parental authority over the person and property of their ______
Obligation of parents to exercise parental authority over the person and property of their ______
Signup and view all the answers
Obligation of spouses to live together, observe mutual love, respect, and fidelity, and render mutual help and support (Art. 68, Family Code). Contract: A meeting of minds between two (2) persons whereby one binds himself to the other to give something or render some service (Art. 1305). It must be valid in the eyes of the law and not be contrary to law, morals, good customs, public order, and public policy. Requisites of a contract (Art. 1318, Civil Code) a. Consent of the parties; b. Object certain, which is the subject matter of the contract; and c. Cause of the obligation is established. Quasi-contract: A juridical relation resulting from lawful, voluntary, and unilateral acts by which the parties become bound to each other so that no one will be unjustly enriched or benefited at the expense of another (Art. 2142, Civil Code). It may arise even if there is only a unilateral act. 01 Handout 1 [email protected] *Property of STI Page 4 of 6 BM2304 Two (2) kinds of quasi-contract 1. Negostiorum gestio – The voluntary management of the property or affairs of another without the knowledge or consent of that other person. Example: Alex went to the US for a month without leaving anyone to care for his ______. A bird flu outbreak plagued the country during his trip to the US.
Obligation of spouses to live together, observe mutual love, respect, and fidelity, and render mutual help and support (Art. 68, Family Code). Contract: A meeting of minds between two (2) persons whereby one binds himself to the other to give something or render some service (Art. 1305). It must be valid in the eyes of the law and not be contrary to law, morals, good customs, public order, and public policy. Requisites of a contract (Art. 1318, Civil Code) a. Consent of the parties; b. Object certain, which is the subject matter of the contract; and c. Cause of the obligation is established. Quasi-contract: A juridical relation resulting from lawful, voluntary, and unilateral acts by which the parties become bound to each other so that no one will be unjustly enriched or benefited at the expense of another (Art. 2142, Civil Code). It may arise even if there is only a unilateral act. 01 Handout 1 [email protected] *Property of STI Page 4 of 6 BM2304 Two (2) kinds of quasi-contract 1. Negostiorum gestio – The voluntary management of the property or affairs of another without the knowledge or consent of that other person. Example: Alex went to the US for a month without leaving anyone to care for his ______. A bird flu outbreak plagued the country during his trip to the US.
Signup and view all the answers
Requisites of a ______ (Art. 1318, Civil Code) a. Consent of the parties; b. Object certain, which is the subject matter of the contract; and c. Cause of the obligation is established
Requisites of a ______ (Art. 1318, Civil Code) a. Consent of the parties; b. Object certain, which is the subject matter of the contract; and c. Cause of the obligation is established
Signup and view all the answers
Two (2) kinds of ______ 1. Negostiorum gestio – The voluntary management of the property or affairs of another without the knowledge or consent of that other person
Two (2) kinds of ______ 1. Negostiorum gestio – The voluntary management of the property or affairs of another without the knowledge or consent of that other person
Signup and view all the answers
A juridical relation resulting from lawful, voluntary, and unilateral acts by which the parties become bound to each other so that no one will be unjustly enriched or benefited at the expense of another (Art. 2142, Civil Code). It may arise even if there is only a ______ act
A juridical relation resulting from lawful, voluntary, and unilateral acts by which the parties become bound to each other so that no one will be unjustly enriched or benefited at the expense of another (Art. 2142, Civil Code). It may arise even if there is only a ______ act
Signup and view all the answers
Example: Alex went to the US for a month without leaving anyone to care for his ______. A bird flu outbreak plagued the country during his trip to the US
Example: Alex went to the US for a month without leaving anyone to care for his ______. A bird flu outbreak plagued the country during his trip to the US
Signup and view all the answers
Study Notes
Divisions of Law
- Divided into two categories: law in the strict legal sense and law in the non-legal sense
Law in the Strict Legal Sense
- Positive Law: a body of man-made laws consisting of codes, regulations, and statutes enacted or imposed within a political entity
- Municipal Law: the internal law of a sovereign state, including state, provincial, territorial, regional, or local law
- Civil Law: a body of rules governing private rights and remedies between individuals in contracts, property, and family law
- Imperative Law: a rule of action imposed by some authority that enforces obedience
Law in the Non-Legal Sense
- Divine Law: the law of religion and faith, formally promulgated by God and revealed to humanity through direct revelation
- Natural Law: the divine inspiration in man of the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation, but by internal dictates of reason alone
- Moral Law: the totality of norms of good and right conduct growing out of every community's collective sense of right and wrong
Quasi-Judicial Agencies
- Administrative bodies under the executive branch performing quasi-judicial functions
- Examples: National Labor Relations Commission, Securities and Exchange Commission, Land Transportation Franchising and Regulatory Board, Insurance Commission, etc.
General Provisions of Law on Obligations
- Article 1156: defines obligation as a juridical necessity to give, to do, or not to do
- Essential requisites of an obligation:
- Passive subject (debtor/obligor)
- Active subject (creditor/oblige)
- Object or prestation
- Juridical tie
Kinds of Obligations
- Real obligation or obligation to give: the subject matter is what the debtor must deliver to the creditor
- Personal obligation or obligation to do or not to do: the subject matter is an act to be done or not to be done
- Positive personal obligation: involves the obligation to do or render service
- Negative personal obligation: involves an obligation not to do (including the obligation not to give)
Civil Obligations vs. Natural Obligations
- Civil Obligations: gives the party a right of action to compel their performance, based on positive law
- Natural Obligations: not based on positive law, does not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, the obligor cannot recover what was given
Sources of Obligations
- Law: when the law itself imposes them
- Contract: a meeting of minds between two persons whereby one binds himself to the other to give something or render some service
- Quasi-contract: a juridical relation resulting from lawful, voluntary, and unilateral acts by which the parties become bound to each other so that no one will be unjustly enriched or benefited at the expense of another
Kinds of Quasi-Contract
- Negostiorum gestio: the voluntary management of the property or affairs of another without the knowledge or consent of that other person
- Solutio indebiti: the juridical relation created when something is received even when there is no right to receive it, which was unduly delivered by mistake
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Explore the key elements of obligations in civil law, including the passive subject, active subject, object or prestation, and juridical tie. Learn about the two kinds of obligations based on the subject matter.
