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What is the definition of an obligation?
What is the definition of an obligation?
An obligation is a juridical necessity to give, to do, or not to do.
What are the essential requisites of an obligation? (Select all that apply)
What are the essential requisites of an obligation? (Select all that apply)
- Passive Subject (correct)
- Object or Prestation (correct)
- Juridical tie (correct)
- Active Subject (correct)
What are the sources of obligation?
What are the sources of obligation?
- Contracts (correct)
- Quasi-Delicts (correct)
- Law (correct)
- Quasi-Contracts (correct)
Obligations derived from law are presumed.
Obligations derived from law are presumed.
What does the "force of law" mean in the context of obligations arising from contracts?
What does the "force of law" mean in the context of obligations arising from contracts?
What is a quasi-contract?
What is a quasi-contract?
Explain the difference between Negotiorum Gestio and Solutio Indebiti.
Explain the difference between Negotiorum Gestio and Solutio Indebiti.
Civil obligations arising from criminal offenses are governed by special laws.
Civil obligations arising from criminal offenses are governed by special laws.
What are the requisites of quasi-delicts?
What are the requisites of quasi-delicts?
In crime, there is typically a criminal or malicious intent, while in quasi-delict, there is only negligence.
In crime, there is typically a criminal or malicious intent, while in quasi-delict, there is only negligence.
What is the difference between a determinate and indeterminate thing in the context of obligations?
What is the difference between a determinate and indeterminate thing in the context of obligations?
Which of the following are duties of the debtor in an obligation to give a determinate thing? (Select all that apply)
Which of the following are duties of the debtor in an obligation to give a determinate thing? (Select all that apply)
A creditor has the right to the fruits of the thing from the time the obligation to deliver it arises.
A creditor has the right to the fruits of the thing from the time the obligation to deliver it arises.
Which of the following are kinds of fruits?
Which of the following are kinds of fruits?
Define "personal right" and "real right" in the context of obligations.
Define "personal right" and "real right" in the context of obligations.
What are the remedies of the creditor in a specific real obligation? (Select all that apply)
What are the remedies of the creditor in a specific real obligation? (Select all that apply)
The obligation to give a determinate thing includes that of delivering all its accessions and accessories.
The obligation to give a determinate thing includes that of delivering all its accessions and accessories.
If the obligor fails to perform an obligation to do, the same shall be executed at his cost.
If the obligor fails to perform an obligation to do, the same shall be executed at his cost.
What are the remedies of the creditor in a positive personal obligation? (Select all that apply)
What are the remedies of the creditor in a positive personal obligation? (Select all that apply)
A personal obligation to do, like a real obligation to deliver a generic thing can be performed by a third person.
A personal obligation to do, like a real obligation to deliver a generic thing can be performed by a third person.
If the debtor does what has been disallowed him in an obligation not to do, it shall be undone at his expense.
If the debtor does what has been disallowed him in an obligation not to do, it shall be undone at his expense.
The debtor can be guilty of delay in an obligation not to do.
The debtor can be guilty of delay in an obligation not to do.
There must be a demand by the creditor for delay to occur.
There must be a demand by the creditor for delay to occur.
There are instances where demand is not necessary for delay.
There are instances where demand is not necessary for delay.
In reciprocal obligations, delay starts when the party who performed their obligation is not reciprocated.
In reciprocal obligations, delay starts when the party who performed their obligation is not reciprocated.
Ordinary delay refers to the failure to fulfill an obligation at the agreed-upon time.
Ordinary delay refers to the failure to fulfill an obligation at the agreed-upon time.
Legal delay occurs when there’s a breach of the agreement due to non-fulfillment of the obligation at the agreed-upon time.
Legal delay occurs when there’s a breach of the agreement due to non-fulfillment of the obligation at the agreed-upon time.
Which of the following are kinds of delay?
Which of the following are kinds of delay?
There can be delay in a negative personal obligation.
There can be delay in a negative personal obligation.
When is a debtor considered to be in delay? (Select all that apply)
When is a debtor considered to be in delay? (Select all that apply)
If the debtor fails to perform due to a fortuitous event, they are still liable.
If the debtor fails to perform due to a fortuitous event, they are still liable.
The debtor is liable for damages if they fail to perform due to a fortuitous event, provided they can prove it was beyond their control.
The debtor is liable for damages if they fail to perform due to a fortuitous event, provided they can prove it was beyond their control.
The debtor is liable for damages if they fail to perform due to a fortuitous event, provided the obligation is for a determinate thing.
The debtor is liable for damages if they fail to perform due to a fortuitous event, provided the obligation is for a determinate thing.
If the debtor is guilty of negligence, they are liable for damages.
If the debtor is guilty of negligence, they are liable for damages.
If the debtor is guilty of fraud, they are liable for damages.
If the debtor is guilty of fraud, they are liable for damages.
The court can reduce the corresponding damages when calculating damages for fraud.
The court can reduce the corresponding damages when calculating damages for fraud.
The court can reduce the corresponding damages when calculating damages for negligence.
The court can reduce the corresponding damages when calculating damages for negligence.
A waiver of liability for future fraud is valid.
A waiver of liability for future fraud is valid.
A waiver of liability for future negligence is valid.
A waiver of liability for future negligence is valid.
A waiver of liability for past fraud is considered legally valid.
A waiver of liability for past fraud is considered legally valid.
What are the kinds of negligence according to the source of obligation?
What are the kinds of negligence according to the source of obligation?
The debtor is always liable for damages caused by their negligence.
The debtor is always liable for damages caused by their negligence.
The court is prohibited from reducing the corresponding damages when calculating damages for negligence.
The court is prohibited from reducing the corresponding damages when calculating damages for negligence.
The law prohibits a waiver of liability for future negligence.
The law prohibits a waiver of liability for future negligence.
A debt cannot be considered paid unless completely fulfilled.
A debt cannot be considered paid unless completely fulfilled.
If the debtor performs the obligation substantially, the creditor can demand more than the agreed-upon performance.
If the debtor performs the obligation substantially, the creditor can demand more than the agreed-upon performance.
Substantial performance occurs when the essential part of the contract has been accomplished.
Substantial performance occurs when the essential part of the contract has been accomplished.
If the debtor substantially performs the obligation in good faith, they can recover as though a strict complete fulfillment has occurred.
If the debtor substantially performs the obligation in good faith, they can recover as though a strict complete fulfillment has occurred.
The creditor must be in good faith to claim substantial performance.
The creditor must be in good faith to claim substantial performance.
The debtor should not recover any payments until they have fully completed the obligation.
The debtor should not recover any payments until they have fully completed the obligation.
The creditor can reject the payment if they know the performance is incomplete or irregular.
The creditor can reject the payment if they know the performance is incomplete or irregular.
If the creditor accepts the performance knowing it's incomplete or irregular, the obligation is extinguished.
If the creditor accepts the performance knowing it's incomplete or irregular, the obligation is extinguished.
A third person can make payment on behalf of the debtor.
A third person can make payment on behalf of the debtor.
The creditor is obliged to accept payment from a third person, even if they have no relation to the obligation.
The creditor is obliged to accept payment from a third person, even if they have no relation to the obligation.
A third person who makes a payment with the consent of the debtor is entitled to subrogation.
A third person who makes a payment with the consent of the debtor is entitled to subrogation.
A third person who makes payment without the debtor's consent can be entitled to subrogation.
A third person who makes payment without the debtor's consent can be entitled to subrogation.
A third party who makes a payment without the intention for reimbursement is considered a donation.
A third party who makes a payment without the intention for reimbursement is considered a donation.
Flashcards
Obligation
Obligation
A juridical necessity to give, to do, or not to do.
Passive Subject (Obligor)
Passive Subject (Obligor)
The person who is bound to fulfill the obligation.
Active Subject (Obligee)
Active Subject (Obligee)
The person who can demand fulfillment of the obligation.
Object/Prestation
Object/Prestation
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Juridical/Legal Tie
Juridical/Legal Tie
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Obligations from Law
Obligations from Law
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Obligations from Contracts
Obligations from Contracts
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Quasi-Contracts
Quasi-Contracts
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Quasi-Delicts
Quasi-Delicts
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Negotiorum Gestio
Negotiorum Gestio
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Solutio Indebiti
Solutio Indebiti
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Contractual Obligations
Contractual Obligations
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Binding force of contract
Binding force of contract
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Valid contract
Valid contract
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Breach of contract
Breach of contract
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Compliance in good faith
Compliance in good faith
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Meeting of minds
Meeting of minds
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Study Notes
General Provisions
- An obligation is a juridical necessity to give, to do, or not to do.
- Derived from the Latin word obligatio, meaning tying or binding.
- Essential Requisites of an Obligation:
- Passive Subject (debtor/obligor): The person bound to fulfill the obligation.
- Active Subject (creditor/obligee): The person who can demand fulfillment.
- Object/Prestation (subject matter): Giving, doing, or not doing something.
- Juridical/Legal Tie: The connection between the parties.
- Obligations arise from:
- Law
- Contracts
- Quasi-contracts
- Quasi-delicts
Examples
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Example 1 (Obligation): A agrees to build B's house for ₱1 million.
- A is the passive subject (obligor).
- The house is the object (prestation).
- B is the active subject (obligee).
- The agreement is the juridical tie.
-
Example 2 (Contracts): A borrows ₱10,000 from B.
- The loan agreement creates an obligation for A to repay.
-
Example 3 (Quasi-Contracts): A mistakenly pays B ₱5,000, which B wasn't owed.
- A is entitled to recover the ₱5,000 (quasi-contract).
-
Example 4 (Quasi-delicts): A is playing baseball, and a ball hits C's house.
- A is liable for the damages.
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