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Questions and Answers

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)

Passive Subject (correct)

Object or Prestation (correct)

Juridical tie (correct)

Active Subject (correct)

What are the sources of obligation?

Contracts (correct)

Quasi-Delicts (correct)

Law (correct)

Quasi-Contracts (correct)

Obligations derived from law are presumed.

False Signup and view all the answers

What does the "force of law" mean in the context of obligations arising from contracts?

Obligations arising from contracts have the force of law between the parties, meaning they are binding and enforceable as if they were legal mandates. Signup and view all the answers

What is a quasi-contract?

A quasi-contract is a juridical relation resulting from lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other. Signup and view all the answers

Explain the difference between Negotiorum Gestio and Solutio Indebiti.

Negotiorum Gestio involves voluntarily managing someone's affairs without their knowledge or consent, while Solutio Indebiti refers to the return of something received through mistake. Signup and view all the answers

Civil obligations arising from criminal offenses are governed by special laws.

False Signup and view all the answers

What are the requisites of quasi-delicts?

The requisites of quasi-delicts are: an act or omission, fault or negligence, damage caused, a direct causal link between the act and the damage, and the absence of a pre-existing contractual relation between the parties. Signup and view all the answers

In crime, there is typically a criminal or malicious intent, while in quasi-delict, there is only negligence.

True Signup and view all the answers

What is the difference between a determinate and indeterminate thing in the context of obligations?

A determinate thing is specific and identifiable, while an indeterminate thing refers to a class or genus and can be any item within that category. Signup and view all the answers

Which of the following are duties of the debtor in an obligation to give a determinate thing? (Select all that apply)

Deliver the fruits of the thing Signup and view all the answers

A creditor has the right to the fruits of the thing from the time the obligation to deliver it arises.

True Signup and view all the answers

Which of the following are kinds of fruits?

Natural fruits Signup and view all the answers

Define "personal right" and "real right" in the context of obligations.

A personal right is a power or right to demand something from another, while a real right is a right or interest over a specific thing. Signup and view all the answers

What are the remedies of the creditor in a specific real obligation? (Select all that apply)

Demand rescission or cancellation Signup and view all the answers

The obligation to give a determinate thing includes that of delivering all its accessions and accessories.

True Signup and view all the answers

If the obligor fails to perform an obligation to do, the same shall be executed at his cost.

True Signup and view all the answers

What are the remedies of the creditor in a positive personal obligation? (Select all that apply)

Recover damages Signup and view all the answers

A personal obligation to do, like a real obligation to deliver a generic thing can be performed by a third person.

True Signup and view all the answers

If the debtor does what has been disallowed him in an obligation not to do, it shall be undone at his expense.

True Signup and view all the answers

The debtor can be guilty of delay in an obligation not to do.

False Signup and view all the answers

There must be a demand by the creditor for delay to occur.

True Signup and view all the answers

There are instances where demand is not necessary for delay.

True Signup and view all the answers

In reciprocal obligations, delay starts when the party who performed their obligation is not reciprocated.

True Signup and view all the answers

Ordinary delay refers to the failure to fulfill an obligation at the agreed-upon time.

True Signup and view all the answers

Legal delay occurs when there’s a breach of the agreement due to non-fulfillment of the obligation at the agreed-upon time.

True Signup and view all the answers

Which of the following are kinds of delay?

Compensatio Morae Signup and view all the answers

There can be delay in a negative personal obligation.

False Signup and view all the answers

When is a debtor considered to be in delay? (Select all that apply)

The debtor fails to perform the obligation at the agreed-upon date Signup and view all the answers

If the debtor fails to perform due to a fortuitous event, they are still liable.

False Signup and view all the answers

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.

False Signup and view all the answers

The debtor is liable for damages if they fail to perform due to a fortuitous event, provided the obligation is for a determinate thing.

True Signup and view all the answers

If the debtor is guilty of negligence, they are liable for damages.

True Signup and view all the answers

If the debtor is guilty of fraud, they are liable for damages.

True Signup and view all the answers

The court can reduce the corresponding damages when calculating damages for fraud.

False Signup and view all the answers

The court can reduce the corresponding damages when calculating damages for negligence.

True Signup and view all the answers

A waiver of liability for future fraud is valid.

False Signup and view all the answers

A waiver of liability for future negligence is valid.

True Signup and view all the answers

A waiver of liability for past fraud is considered legally valid.

True Signup and view all the answers

What are the kinds of negligence according to the source of obligation?

Civil negligence Signup and view all the answers

The debtor is always liable for damages caused by their negligence.

True Signup and view all the answers

The court is prohibited from reducing the corresponding damages when calculating damages for negligence.

False Signup and view all the answers

The law prohibits a waiver of liability for future negligence.

False Signup and view all the answers

A debt cannot be considered paid unless completely fulfilled.

True Signup and view all the answers

If the debtor performs the obligation substantially, the creditor can demand more than the agreed-upon performance.

False Signup and view all the answers

Substantial performance occurs when the essential part of the contract has been accomplished.

True Signup and view all the answers

If the debtor substantially performs the obligation in good faith, they can recover as though a strict complete fulfillment has occurred.

True Signup and view all the answers

The creditor must be in good faith to claim substantial performance.

True Signup and view all the answers

The debtor should not recover any payments until they have fully completed the obligation.

False Signup and view all the answers

The creditor can reject the payment if they know the performance is incomplete or irregular.

True Signup and view all the answers

If the creditor accepts the performance knowing it's incomplete or irregular, the obligation is extinguished.

False Signup and view all the answers

A third person can make payment on behalf of the debtor.

True Signup and view all the answers

The creditor is obliged to accept payment from a third person, even if they have no relation to the obligation.

False Signup and view all the answers

A third person who makes a payment with the consent of the debtor is entitled to subrogation.

True Signup and view all the answers

A third person who makes payment without the debtor's consent can be entitled to subrogation.

False Signup and view all the answers

A third party who makes a payment without the intention for reimbursement is considered a donation.

True Signup and view all the answers

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

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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Questions and Answers

What is the definition of an obligation?

What are the essential requisites of an obligation? (Select all that apply)

What are the sources of obligation?

Obligations derived from law are presumed.

What does the "force of law" mean in the context of obligations arising from contracts?

What is a quasi-contract?

Explain the difference between Negotiorum Gestio and Solutio Indebiti.

Civil obligations arising from criminal offenses are governed by special laws.

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.

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)

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?

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)

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.

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.

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.

There must be a demand by the creditor for delay to occur.

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.

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.

Which of the following are kinds of delay?

There can be delay in a negative personal obligation.

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.

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.

If the debtor is guilty of negligence, 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 negligence.

A waiver of liability for future fraud is valid.

A waiver of liability for future negligence is valid.

A waiver of liability for past fraud is considered legally valid.

What are the kinds of negligence according to the source of obligation?

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 law prohibits a waiver of liability for future negligence.

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.

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.

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 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.

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.

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 party who makes a payment without the intention for reimbursement is considered a donation.

Study Notes

General Provisions

Examples

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