Law: Definition and Elements of Obligation

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Questions and Answers

What is the definition of quasi-delicts or torts?

Damage caused through an act or omission resulting from a contractual agreement.

Acts that are legally permissible but result in harm to another party.

Injuries that occur from intentional wrongdoing or criminal acts.

Damage caused to another through an act or omission due to fault or negligence without a contractual relationship. (correct)

Which doctrine provides that the cause of an injury must be unbroken in natural and continuous sequence?

Doctrine of Proximate Cause (correct)

Doctrine of Damnum Absque Injuria

Doctrine of Negligence

Doctrine of Res Ipsa Loquitor

Under which principle would a driver not be liable if blinded by lightning while driving?

Doctrine of Damnum Absque Injuria (correct)

Doctrine of Negligence

Doctrine of Proximate Cause

Doctrine of Res Ipsa Loquitor

What is a challenge associated with proving negligence in tort cases?

The Doctrine of Res Ipsa Loquitor indicates that negligence is self-evident in certain cases. Signup and view all the answers

What is true regarding the obligations of the head of a family in terms of liability?

They must answer for damages caused by things thrown or falling from their building or part of it. Signup and view all the answers

What is a primary characteristic of law as described in the content?

It imposes duties to be obeyed by individuals. Signup and view all the answers

Which body is designated as the competent authority to promulgate law?

The Congress of the Philippines Signup and view all the answers

Which of the following sources of law is considered the highest law in the Philippines?

Constitution Signup and view all the answers

What is the term for administrative rules and regulations issued under legislative authority?

Executive Orders Signup and view all the answers

What does 'potestas delegata non potest delegari' mean in relation to the law?

Authority granted cannot be further delegated. Signup and view all the answers

Which aspect of law serves to maintain harmony in society?

It promotes relations among individuals. Signup and view all the answers

What term refers to obligations that arise from law?

Legal obligations Signup and view all the answers

What role does judicial decisions play in the legal system of the Philippines?

They follow the doctrine of stare decisis. Signup and view all the answers

Which of the following best describes legislation in the context of law?

Acts passed by the legislature that declare legal rules. Signup and view all the answers

Which of the following accurately describes a contract?

It binds parties to give something or render service. Signup and view all the answers

Under what circumstances are quasi-contracts formed?

From lawful, unilateral actions that benefit one party. Signup and view all the answers

What type of liability arises from a criminal offense, according to civil law?

Delict Signup and view all the answers

Which example best illustrates administrative management under negotiorum gestio?

A firefighter saving a building without consent. Signup and view all the answers

In what scenario is solutio indebiti applicable?

Receiving payment for a canceled lease. Signup and view all the answers

What is the primary characteristic of legal obligations compared to other types of obligations?

They are expressly determined by law. Signup and view all the answers

Which statement about restitution is correct?

It involves returning property to the rightful owner. Signup and view all the answers

What is the definition of an obligation according to Article 1156?

A juridical necessity to give, to do, or not to do. Signup and view all the answers

Who is considered the active subject in an obligation?

The one who has the right to demand performance. Signup and view all the answers

Which of the following elements is NOT part of an obligation?

Presumption of intention. Signup and view all the answers

What does the 'vinculum' refer to in the definition of obligation?

The reason why the obligation exists. Signup and view all the answers

In a construction contract where A builds a house for B, what role does A play after the construction is completed?

Active subject. Signup and view all the answers

What happens if a debtor fails to comply with their obligation?

The creditor may sue for enforcement of the obligation. Signup and view all the answers

Which source of obligations involves practices acknowledged by society as binding rules?

Custom. Signup and view all the answers

According to the content, what is one of the key features of an obligation?

It creates a juridical necessity enforceable by the courts. Signup and view all the answers

Study Notes

Definition of Obligation

An obligation is a juridical necessity to give, to do, or not to do.
This definition highlights the duty of the debtor or obligor.
An obligation is a juridical necessity because if not fulfilled, courts can enforce its completion at the request of the aggrieved party.
Obligations are a juridical relation where the creditor can compel the debtor to perform the prestation and in case of breach, the debtor is liable with all their properties, present and future, that are not exempt from execution.

Elements of Obligation

Active Subject (creditor/obligee): The person who has the right or is entitled to the prestation.
Passive Subject (debtor/obligor): The person bound to fulfill the obligation by giving, doing, or not doing.
Prestation/Object: The subject matter of the obligation; the conduct required to be observed by the debtor, which is essential as it defines the obligation.
Vinculum/Juridical or Legal tie (the efficient cause): The reason why the obligation exists connecting the parties to the obligation.

Sources of Obligation

Law: Obligations imposed by law are called legal obligations and are not presumed. They are only demandable when expressly determined in the Civil Code or special laws. Examples include the obligation to pay taxes or support one's family.
Contracts: Obligations that arise from the stipulations of the parties. Contracts have the force of law between contracting parties and must be complied with in good faith. Examples include the obligation to repay a loan.
Quasi-Contracts: Obligations arising from lawful, unilateral, and voluntary acts, enforced based on principles of preventing unjust enrichment. Examples include:
- Negotiorum gestio (officious management): Managing the abandoned or neglected business or property of another without authorization.
- Solutio indebiti (payment by mistake/undue payment): Receiving something not due or without a right to demand it.
Delicts (acts or omissions punished by law): Obligations derived from civil liability arising from a criminal offense.
- Civil liabilities include restitution, reparation of damage caused, and indemnification for consequential damages.
Quasi-delicts/Torts: Obligations arising from damage caused to another through an act/omission, involving fault or negligence, where no pre-existing contractual relation exists. Examples include:
- Doctrine of Res Ipsa Loquitor (the thing speaks for itself).
- Doctrine of Proximate Cause: identifies the cause leading to the injury.
- Doctrine of Damnum Absque Injuria: Damage occurs without legal injury.

The Doctrine of Potestas Delegata Non Potest Delegari

This principle states that what has been delegated cannot be further delegated.
It applies to the delegation of legislative authority, meaning the legislature cannot delegate its law-making power to other entities.
There is an EXCEPTION to this rule in the case of administrative or executive orders, regulations, and rulings, which are issued by administrative officials under legislative authority.

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Description

This quiz focuses on the definition and key elements of obligation in law. It covers essential concepts such as active and passive subjects, prestation, and the legal ties involved. Test your understanding of these important legal principles.