Podcast
Questions and Answers
What can the creditor do if the debtor fails to perform an obligation at all?
What can the creditor do if the debtor fails to perform an obligation at all?
If the debtor performs the obligation poorly, what is the creditor's remedy?
If the debtor performs the obligation poorly, what is the creditor's remedy?
In the context of obligations, what signifies a breach?
In the context of obligations, what signifies a breach?
Which of the following is NOT a mode of breaching an obligation?
Which of the following is NOT a mode of breaching an obligation?
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What must be present before the debtor can be considered in delay?
What must be present before the debtor can be considered in delay?
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Which type of negligence pertains to the omission of required diligence in obligations?
Which type of negligence pertains to the omission of required diligence in obligations?
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What are the requirements for an action for damages due to breach of obligation?
What are the requirements for an action for damages due to breach of obligation?
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If the debtor does something they were obliged not to do, what is the outcome?
If the debtor does something they were obliged not to do, what is the outcome?
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What does deliberate intention to cause damage represent in breach scenarios?
What does deliberate intention to cause damage represent in breach scenarios?
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What defines the integrity of obligations in performance?
What defines the integrity of obligations in performance?
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What is the legal term for the obligation to give, to do, or not to do, as defined in Article 1156 of the Civil Code of the Philippines?
What is the legal term for the obligation to give, to do, or not to do, as defined in Article 1156 of the Civil Code of the Philippines?
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Which of the following is NOT a requisite for a valid obligation?
Which of the following is NOT a requisite for a valid obligation?
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What type of obligation is BEST described as a juridical necessity arising from law, contracts, quasi-contracts, delict, or quasi-delict?
What type of obligation is BEST described as a juridical necessity arising from law, contracts, quasi-contracts, delict, or quasi-delict?
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What is the term for the legal tie or bond that connects the obligor and obligee in an obligation?
What is the term for the legal tie or bond that connects the obligor and obligee in an obligation?
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Which of the following options correctly describes the 'object or prestation' in an obligation?
Which of the following options correctly describes the 'object or prestation' in an obligation?
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In an obligation to give a determinate thing, what is the accessory obligation the obligor is required to perform alongside the principal obligation?
In an obligation to give a determinate thing, what is the accessory obligation the obligor is required to perform alongside the principal obligation?
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Which of the following options accurately describes the difference between a generic thing and a determinate thing in an obligation to give?
Which of the following options accurately describes the difference between a generic thing and a determinate thing in an obligation to give?
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If an obligor fails to exercise due diligence in taking care of a determinate thing to be delivered, what potential consequences could they face?
If an obligor fails to exercise due diligence in taking care of a determinate thing to be delivered, what potential consequences could they face?
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What is the legal remedy available to an obligee in a case where the subject of the obligation is a determinate thing which the obligor is unwilling to deliver?
What is the legal remedy available to an obligee in a case where the subject of the obligation is a determinate thing which the obligor is unwilling to deliver?
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Which of the following sources of obligations relates to civil obligations stemming from unlawful acts or offenses that cause damage to another?
Which of the following sources of obligations relates to civil obligations stemming from unlawful acts or offenses that cause damage to another?
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Flashcards
Obligation
Obligation
A juridical necessity to give, do, or not do, as per Article 1156 of the Civil Code.
Juridical Tie
Juridical Tie
The legal connection between parties in an obligation, known as vinculum juris.
Active Subject
Active Subject
The obligee or creditor, the one entitled to demand the fulfillment of the obligation.
Passive Subject
Passive Subject
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Civil Obligations
Civil Obligations
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Natural Obligations
Natural Obligations
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Principal Obligation
Principal Obligation
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Accessory Obligation
Accessory Obligation
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Liability for Damages
Liability for Damages
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Remedies of the Obligee
Remedies of the Obligee
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Total failure to do
Total failure to do
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Creditor's remedies for failure
Creditor's remedies for failure
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Failure to perform correctly
Failure to perform correctly
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Debtor's unlawful act
Debtor's unlawful act
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Identity of Obligations
Identity of Obligations
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Integrity of Obligations
Integrity of Obligations
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Breach by negligence
Breach by negligence
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Deliberate intention to cause damage
Deliberate intention to cause damage
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Culpa Aquiliana
Culpa Aquiliana
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Culpa Contractual
Culpa Contractual
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Study Notes
Law on Obligations
- Obligations are a juridical necessity to give, to do, or not to do. (Article 1156, Civil Code of the Philippines)
- The Latin root "obligare" means "to bind."
Topics
- Nature of Obligations
- Different Kinds of Obligations
- Extinguishment of Obligations
Requisites of an Obligation
- Juridical tie (vinculum juris)
- Object or prestation (to give, to do, or not to do)
- Active subject (obligee/creditor)
- Passive subject (obligor/debtor)
Sources of Obligations
- Law
- Contracts
- Quasi-contracts
- Delict
- Quasi-delicts
Effects of Obligation to Give
- Purpose: Transfer ownership or possession
- Things to be delivered: Generic (e.g., 5 mangoes) or Specific (e.g., car with Plate No. ABC 888)
- Accessory Obligations: Take care of the thing to be delivered with the diligence of a good father of a family; deliver accessions and accessories; deliver fruits from the moment the obligation to deliver arises.
Effects of Failure to Exercise Due Diligence
- Liability for damages
- Liable even if there was fortuitous event
Remedies of the Obligee/Creditor in Obligation to Give a Determinate Thing
- Action for specific performance
- Action for damages
Remedies in Obligation to Deliver a Generic Thing
- Specific performance
- Substitute performance
- Action for damages
Remedies of the Obligee/Creditor in Case of Failure in Obligations to Do
- Total failure: Activity performed at debtor's cost (e.g., House painting) or recover damages if only the debtor can perform.
- Failure in tenor/incorrect performance: Obligee/creditor can have it done by someone else at debtor's expense.
- Poorly performed: Undone and redone by someone else at debtor's expense.
Remedies of the Obligee/Creditor in Obligation Not to Do
- If the debtor did what he was obliged not to do, it must be undone at the debtor's expense.
- If the doing is impossible to undo, the debtor is liable for damages.
Performance of the Obligation
- Identity of Obligations – complied with precisely
- Integrity of Obligations – compliance must be complete
Breach of Obligations
- Non-compliance
- Compliance without identity or integrity
Modes of Breaching the Obligation
- Fraud
- Negligence
- Delay
- Any manner that contravenes tenor of obligation
Effect of Non-Performance
- Liable for damages
Requisites of Action for Damages
- Perfected contract
- Breach by obligor/debtor
- Damages obtained by obligee/creditor due to such breach
Requirements Before Debtor Can Be Considered in Delay
- Positive obligation (to give or to do)
- Demandable and liquidated obligation
- Obligor delays due to reasons imputable to him
- Judicial or extrajudicial demand
Breach through Fraud
- Deliberate intention to cause damage
Breach through Negligence
- Omission of diligence required by the nature of the obligation.
- Types: Culpa Aquiliana (civil negligence), Culpa Contractual (contractual negligence), Criminal Negligence
Fortuitous Event
- Independent of the human will
- Impossible to foresee
- Occurrence renders fulfillment of obligation impossible
- Obligor free from participation in aggravating the injury.
Liability to Pay Interest
- Agreement that interest is earned
- Agreement for interest must be expressly stipulated in writing
- Interest rate must not be usurious, excessive, or unconscionable.
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Description
Explore the key concepts and principles of obligations as per the Civil Code of the Philippines. This quiz covers the nature, kinds, and effects of obligations, as well as the requisites and sources that define them. Test your understanding of this foundational area of law.