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Questions and Answers
What are the four essential requisites of an obligation?
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?
Which of the following is NOT a source of obligations according to the text?
What is the term 'obligation' derived from?
What is the term 'obligation' derived from?
Natural obligations are based on equitable and natural law and grant a right of action to enforce their performance.
Natural obligations are based on equitable and natural law and grant a right of action to enforce their performance.
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Law, in general, determines only the activities of men as rational beings and not the movements of inanimate objects.
Law, in general, determines only the activities of men as rational beings and not the movements of inanimate objects.
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_____ obligations give the right of action to compel their performance.
_____ obligations give the right of action to compel their performance.
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Expressions of gratitude or writing a Thank You card for receiving a gift represent a ________ norm in American culture.
Expressions of gratitude or writing a Thank You card for receiving a gift represent a ________ norm in American culture.
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Match the obligation category with its description:
Match the obligation category with its description:
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According to the Encyclopedia Britannica, how is the 'rule of law' defined?
According to the Encyclopedia Britannica, how is the 'rule of law' defined?
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Match the divisions of law with their descriptions:
Match the divisions of law with their descriptions:
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What must be present in order for vicarious liability to be established under Art. 2180 of the Civil Code?
What must be present in order for vicarious liability to be established under Art. 2180 of the Civil Code?
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According to Art. 1161, every person criminally liable for an act or omission is also civilly liable for ____________.
According to Art. 1161, every person criminally liable for an act or omission is also civilly liable for ____________.
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What does civil liability arising from crimes or delicts include?
What does civil liability arising from crimes or delicts include?
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An obligation is understood to have been paid or performed only when the debtor completely delivers the thing or service.
An obligation is understood to have been paid or performed only when the debtor completely delivers the thing or service.
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Match the following types of obligations with their conditions for extinguishment:
Match the following types of obligations with their conditions for extinguishment:
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What is the purpose of compensation in obligations?
What is the purpose of compensation in obligations?
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Which of the following are characteristics of a condition in obligations?
Which of the following are characteristics of a condition in obligations?
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A conditional obligation depends on the uncertain fulfillment of a future event.
A conditional obligation depends on the uncertain fulfillment of a future event.
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A ________ obligation is demandable at once without the need for fulfilling conditions or waiting for a specific event.
A ________ obligation is demandable at once without the need for fulfilling conditions or waiting for a specific event.
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What is an example of an alternative obligation?
What is an example of an alternative obligation?
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What distinguishes Joint and Solidary obligations?
What distinguishes Joint and Solidary obligations?
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Loss of one of the alternatives through the fault of the debtor does not render him _____
Loss of one of the alternatives through the fault of the debtor does not render him _____
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A fortuitous event extinguishes the obligation under a Facultative obligation.
A fortuitous event extinguishes the obligation under a Facultative obligation.
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What is a potestative condition in a contract?
What is a potestative condition in a contract?
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If a period is impossible, the obligation is considered void.
If a period is impossible, the obligation is considered void.
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An obligation with a potestative condition is considered valid in a contract.
An obligation with a potestative condition is considered valid in a contract.
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What is the difference between a condition and a period in an obligation?
What is the difference between a condition and a period in an obligation?
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What happens to an obligation if the condition depends solely upon the will of the debtor?
What happens to an obligation if the condition depends solely upon the will of the debtor?
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Physically impossible conditions are based on things that ____________.
Physically impossible conditions are based on things that ____________.
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Define an alternative obligation.
Define an alternative obligation.
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Match the type of condition with its description:
Match the type of condition with its description:
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What is a simple obligation?
What is a simple obligation?
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According to the content, who has the right of choice in an obligation?
According to the content, who has the right of choice in an obligation?
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An obligation becomes simple when only one prestation is practicable. True or False?
An obligation becomes simple when only one prestation is practicable. True or False?
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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.
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.
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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.
- As to effect:
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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Description
Explore the basics of law and morality, and how they are influenced by reason and internal dictates, rather than divine revelation or formal promulgation.
