Introduction to Law Chapter 1
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Questions and Answers

What are the four essential requisites of an obligation?

passive subject, active subject, object, agreement or contract

Which of the following is NOT a source of obligations according to the text?

  • Contracts
  • Delicts (correct)
  • Quasi-contracts
  • Law

    • What is the term 'obligation' derived from?

  • Obliterate
  • Obligate
  • Obligatio (correct)
  • Obliteration

    • Natural obligations are based on equitable and natural law and grant a right of action to enforce their performance.

    <p>False</p> Signup and view all the answers

    Law, in general, determines only the activities of men as rational beings and not the movements of inanimate objects.

    <p>True</p> Signup and view all the answers

    _____ obligations give the right of action to compel their performance.

    <p>Civil</p> Signup and view all the answers

    Expressions of gratitude or writing a Thank You card for receiving a gift represent a ________ norm in American culture.

    <p>prescriptive</p> Signup and view all the answers

    Match the obligation category with its description:

    <p>Civil Obligations = Give right of action to compel performance Natural Obligations = Not based on positive law but on equity and natural law Quasi-contracts = Arise from voluntary acts to prevent unjust enrichment Delicts = Arise from damage caused by negligence</p> Signup and view all the answers

    According to the Encyclopedia Britannica, how is the 'rule of law' defined?

    <p>The mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and prevents the arbitrary use of power.</p> Signup and view all the answers

    Match the divisions of law with their descriptions:

    <p>State Law = Promulgated and enforced by the state Moral Law = Norms of good and right conduct growing out of collective sense of right and wrong Physical Law = Operates on all things, including men, without regard to their use of willpower Divine Law = Concerns religion, sin, and salvation</p> Signup and view all the answers

    What must be present in order for vicarious liability to be established under Art. 2180 of the Civil Code?

    <p>There must be a direct relation or connection of cause and effect between the act or omission and the damage.</p> Signup and view all the answers

    According to Art. 1161, every person criminally liable for an act or omission is also civilly liable for ____________.

    <p>damages</p> Signup and view all the answers

    What does civil liability arising from crimes or delicts include?

    <p>All of the above</p> Signup and view all the answers

    An obligation is understood to have been paid or performed only when the debtor completely delivers the thing or service.

    <p>True</p> Signup and view all the answers

    Match the following types of obligations with their conditions for extinguishment:

    <p>Payment or performance = Voluntary fulfillment by the debtor Loss of the thing due = Loss or destruction without the fault of the debtor Condonation or remission of debt = Requires acceptance by the obligor Confusion or merger of rights = Character of creditors and debtor are merged in the same person</p> Signup and view all the answers

    What is the purpose of compensation in obligations?

    <p>To extinguish the obligations of parties who are both creditors and debtors of each other.</p> Signup and view all the answers

    Which of the following are characteristics of a condition in obligations?

    <p>Future and uncertain</p> Signup and view all the answers

    A conditional obligation depends on the uncertain fulfillment of a future event.

    <p>True</p> Signup and view all the answers

    A ________ obligation is demandable at once without the need for fulfilling conditions or waiting for a specific event.

    <p>pure</p> Signup and view all the answers

    What is an example of an alternative obligation?

    <p>Several prestation are due but one is sufficient to substitute it.</p> Signup and view all the answers

    What distinguishes Joint and Solidary obligations?

    <p>Distinct debts and credits</p> Signup and view all the answers

    Loss of one of the alternatives through the fault of the debtor does not render him _____

    <p>liable</p> Signup and view all the answers

    A fortuitous event extinguishes the obligation under a Facultative obligation.

    <p>False</p> Signup and view all the answers

    What is a potestative condition in a contract?

    <p>Depends on the will of one of the contracting parties</p> Signup and view all the answers

    If a period is impossible, the obligation is considered void.

    <p>True</p> Signup and view all the answers

    An obligation with a potestative condition is considered valid in a contract.

    <p>False</p> Signup and view all the answers

    What is the difference between a condition and a period in an obligation?

    <p>A condition causes an obligation to arise or cease, while a period merely fixes the time or efficaciousness of an obligation.</p> Signup and view all the answers

    What happens to an obligation if the condition depends solely upon the will of the debtor?

    <p>The obligation is void</p> Signup and view all the answers

    Physically impossible conditions are based on things that ____________.

    <p>cannot exist or cannot be done</p> Signup and view all the answers

    Define an alternative obligation.

    <p>An alternative obligation is one where various prestations are due but the performance of one of them is sufficient as determined by the choice of the debtor.</p> Signup and view all the answers

    Match the type of condition with its description:

    <p>Potestative = Depends upon the will of one of the contracting parties Positive = The happening of an event at a determinate time Divisible = Susceptible of partial performance Physically impossible = Conditions based on things that cannot exist or cannot be done</p> Signup and view all the answers

    What is a simple obligation?

    <p>An obligation where there is only one prestation.</p> Signup and view all the answers

    According to the content, who has the right of choice in an obligation?

    <p>The debtor</p> Signup and view all the answers

    An obligation becomes simple when only one prestation is practicable. True or False?

    <p>True</p> Signup and view all the answers

    The right of choice in an obligation is subject to limitations. The debtor cannot choose prestations which are ______, unlawful, or which could not have been the object of the obligation.

    <p>impossible</p> Signup and view all the answers

    Study Notes

    Introduction to Law

    • Law is a rule of action or a system of uniformity that determines not only human activities but also natural phenomena.
    • There are two general divisions of law:
      • Law in the strict legal sense (promulgated and enforced by the state)
      • Law in the non-legal sense (not promulgated or enforced by the state, e.g., divine law, natural law, moral law, and physical law)

    Law in the General Sense

    • A political ideal in which all citizens and institutions are accountable to the same laws.
    • Defined in the Encyclopedia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."

    Moral Law

    • The totality of norms of good and right conduct growing out of the collective sense of right and wrong of every community.
    • Norms are rules or expectations that are socially enforced.

    Natural Law

    • The law of nature, which is impressed in humans as the core of their higher self.
    • A fundamental standard of good and evil.

    Physical Law

    • A statement inferred from particular facts, applicable to a defined group or class of phenomena.
    • Examples include the law of gravitation and the law of chemical combination.

    Sources of Law

    • The principal sources of laws in the Philippines are:
      • Constitution
      • Legislation
      • Administrative rules and regulations
      • Judicial decisions
      • Customs
      • Principles of justice and equity
      • Decisions of foreign tribunals
      • Opinions of text writers
      • Religion

    Obligations

    • A juridical necessity to give, to do, or not to do.
    • Consists of four essential requisites:
      • Passive subject (debtor or obligor)
      • Active subject (creditor or obligee)
      • Object or prestation (subject matter of the obligation)
      • Juridical tie (efficient cause)

    Forms of Obligations

    • Oral or written
    • Partly oral and partly written

    Kinds of Obligations

    • Civil Obligations: grant a right of action to compel their performance.
    • Natural Obligations: not based on positive law but on equity and natural law, do not grant a right of action to enforce their performance.

    Transmissibility of Obligations

    • General rule: all rights acquired in virtue of an obligation are transmissible.

    • Exceptions:

      • When the nature of the obligation is that it is not transmissible.
      • By stipulation
      • By provision of law### Kinds of Obligations

    • Legal Obligations (Art. 1158): derived from law, presumed, and demandable only if expressly determined in the Code or special laws

    • Quasi-Contracts: obligations arising from a quasi-contract, no consent, and supplied by fiction of law

    • Examples: Negotiorum Gestio (voluntary management of another's property/affairs), Solutio Indebiti (receiving something by mistake), and Civil Liability Arising from Crimes or Delicts

    Quasi-Contracts

    • Negotiorum Gestio:
      • Voluntary management of another's property/affairs without knowledge or consent
      • Creates an obligation for the owner to compensate the manager
      • Does not arise if the property/business is not neglected/abandoned or if the manager was tacitly authorized
    • Solutio Indebiti:
      • Receiving something by mistake
      • Obligation to return the thing or its value
      • Examples: paying a debt that does not exist, receiving a salary/wages not owed

    Civil Liability Arising from Crimes or Delicts

    • Art. 1161: civil liability for damages arising from crimes or delicts
      • Proof of criminal liability: beyond reasonable doubt
      • Proof of civil liability: preponderance of evidence
    • Examples: restitution, reparation for damages, indemnification for consequential damages

    Extinguishment of Obligations

    • Payment or Performance (Art. 1231)
      • Normal and voluntary fulfillment of the obligation
      • Payment means delivery of money or performance of a service
    • Loss of the Thing Due (Art. 1262)
      • Extinguishment of an obligation to deliver a determinate thing if it is lost or destroyed without the debtor's fault
    • Condonation or Remission of Debt (Art. 1270)
      • Gratuitous renunciation of an obligation by the creditor
      • Can be express or implied
      • Requires acceptance by the obligor
    • Confusion or Merger of Rights (Art. 1275)
      • Merger of creditor and debtor in one person
      • Extends to the rights and obligations
    • Compensation (Art. 1278)
      • Extinction of concurrent debts between two persons
      • Partial or total compensation
    • Novation (Art. 1291)
      • Modification of an obligation by changing the object or principal condition
      • Substituting a new debtor or creditor

    Characteristics of a Condition

    • Future and uncertain event
    • Can refer to a past event unknown to the parties
    • Must be uncertain to constitute an event as a condition### Legal Obligations
    • A condition is a future and uncertain event upon which the effectivity or extinguishment of an obligation depends.
    • There are two kinds of conditions:
      • Suspensive condition: the fulfillment of which gives rise to an obligation or right.
      • Resolutory condition: the fulfillment of which extinguishes an obligation or right.

    Pure and Conditional Obligations

    • A pure obligation is one that is not subject to any condition and is immediately demandable.
    • A conditional obligation is one whose consequences are subject to the fulfillment of a condition.
    • Examples of pure obligations:
      • D obliges himself to pay C P1,000.00.
      • D binds himself to pay C P1,000.00 "upon demand of C".

    Classification of Conditions

    • Conditions can be classified as follows:
      • As to effect:
        • Suspensive: gives rise to an obligation or right.
        • Resolutory: extinguishes an obligation or right.
      • As to form:
        • Express: the condition is clearly stated.
        • Implied: the condition is merely inferred.
      • As to possibility:
        • Possible: the condition is capable of fulfillment.
        • Impossible: the condition is not capable of fulfillment.
      • As to cause or origin:
        • Potestative: depends upon the will of one of the contracting parties.
        • Casual: depends upon chance or the will of a third person.
        • Mixed: depends partly upon chance and partly upon the will of a third person.
      • As to mode:
        • Positive: the condition consists in the performance of an act.
        • Negative: the condition consists in the omission of an act.
      • As to numbers:
        • Conjunctive: there are several conditions and all must be fulfilled.
        • Disjunctive: there are several conditions and only one or some of them must be fulfilled.
      • As to divisibility:
        • Divisible: the condition is susceptible of partial performance.
        • Indivisible: the condition is not susceptible of partial performance.

    Potestative Condition

    • A potestative condition is a condition suspensive in nature and which depends upon the sole will of one of the contracting parties.
    • It is invalid and does not create obligations, impose no duty on the parties, and for this reason, is void.

    Impossible Conditions

    • Impossible conditions are those that are contrary to good customs, public policy, or law, and shall annul the obligation which depends upon them.
    • There are two kinds of impossible conditions:
      • Physically impossible: when they cannot exist or cannot be done.
      • Legally impossible: when they are contrary to law, morals, good customs, public order, or public policy.

    Effect of Impossible Conditions

    • The effect of impossible conditions is that they annul the obligation which depends upon them.
    • If the obligation is divisible, the part not affected by the impossible condition shall be valid.
    • If the condition is negative, it is disregarded, and the obligation is rendered pure and valid.

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