Obligation Overview and Sources in Law
21 Questions
1 Views

Obligation Overview and Sources in Law

Created by
@NicePlanet6869

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What circumstance allows for a person to be held responsible for unforeseen events?

  • There was negligence involved.
  • The event was foreseeable and preventable.
  • The agreement between parties explicitly states otherwise. (correct)
  • There are explicit provisions in the law. (correct)
  • What presumption arises when a creditor receives the principal without any reservations about interest?

  • The interest has been paid. (correct)
  • Further payments are no longer necessary.
  • The principal is not required to be returned.
  • The interest has not been paid.
  • What does Article 1177 allow creditors to do in case of a debtor's default?

  • Sell the debtor's property without legal proceedings.
  • Exercise the debtor's rights and take legal actions to satisfy their claims. (correct)
  • Negotiate directly with the debtor's creditors.
  • Void the debtor's prior transactions automatically.
  • Under what condition can rights acquired through obligations become non-transmissible?

    <p>If there is a specific agreement stating so.</p> Signup and view all the answers

    How does Article 1175 treat usurious transactions?

    <p>They must adhere to special laws governing them.</p> Signup and view all the answers

    What happens when the obligor violates an obligation that consists of not doing something?

    <p>The action must be undone at the obligor's expense.</p> Signup and view all the answers

    Under what conditions does delay exist without a demand from the creditor?

    <p>If the law or obligation expressly states so.</p> Signup and view all the answers

    In reciprocal obligations, when does one party begin to incur delay?

    <p>When the other party fails to meet their obligations.</p> Signup and view all the answers

    What type of responsibility arises from fraud in the performance of obligations?

    <p>It is demandable in all obligations.</p> Signup and view all the answers

    How is liability for negligence in performance managed according to the law?

    <p>It can be adjusted by the courts based on circumstances.</p> Signup and view all the answers

    What constitutes negligence on the part of the obligor?

    <p>Omission of required diligence based on the obligation's nature.</p> Signup and view all the answers

    What is true about waiving an action for future fraud?

    <p>Any waiver is considered null and void.</p> Signup and view all the answers

    What standard of diligence is expected if not explicitly stated in the law or contract?

    <p>The diligence of a good father of a family.</p> Signup and view all the answers

    What constitutes an obligation according to Article 1156?

    <p>A juridical necessity to give, to do, or not to do</p> Signup and view all the answers

    From which of the following can obligations arise, as stated in Article 1157?

    <p>From law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts</p> Signup and view all the answers

    What is stated in Article 1158 regarding obligations derived from law?

    <p>They are not presumed unless expressly stated in law or special statutes</p> Signup and view all the answers

    According to Article 1159, obligations arising from contracts are characterized by which of the following?

    <p>They should be complied with in good faith</p> Signup and view all the answers

    What does Article 1163 specify regarding the care of a thing that is to be given?

    <p>The person obliged must take care of it with proper diligence as a good father of a family</p> Signup and view all the answers

    In the case of a determinate thing, what rights does the creditor have according to Article 1165?

    <p>The creditor can compel the debtor to make the delivery</p> Signup and view all the answers

    What does Article 1165 imply about the responsibilities of a debtor in case of delay or multiple promises?

    <p>The debtor is liable for any unforeseen losses</p> Signup and view all the answers

    According to Article 1166, what does the obligation to give a determinate thing include?

    <p>The delivery of all accessions and accessories, even if not explicitly mentioned</p> Signup and view all the answers

    Study Notes

    Obligation Overview

    • An obligation is a juridical necessity to either give, do, or refrain from doing something.

    Sources of Obligations

    • Obligations can arise from various sources: law, contracts, quasi-contracts, acts punished by law, and quasi-delicts.
    • Obligations from law are not presumed; they must be explicitly defined by law or special statutes.
    • Contractual obligations are binding and must be performed in good faith.

    Quasi-Contracts & Criminal Offenses

    • Obligations from quasi-contracts adhere to specific provisions in the Civil Code of the Philippines.
    • Civil obligations resulting from criminal offenses are governed by penal laws and relevant provisions on damages.

    Duties of the Obligor

    • Creditors are entitled to the fruits of the object of the obligation from the moment it arises, but do not gain real rights until delivery occurs.
    • Obligors must care for the item being delivered with the diligence of a good father of a family unless stated otherwise.

    Delivery of Obligations

    • If the obligation pertains to a determinate thing, the creditor can compel delivery; for indeterminate things, the obligation can be fulfilled at the debtor's expense.
    • Obligors are liable for any loss of the item until delivery if they have promised it to multiple parties or delayed delivery.

    Execution of Obligations

    • If an obligor fails to perform as required, the obligation can be carried out at his expense, and poorly performed obligations may need to be undone.
    • If the obligor acts contrary to a prohibition, they must undo their actions at their cost.

    Delay in Performance

    • Delay begins when the creditor demands fulfillment, except in certain circumstances such as contract provisions or inability to perform.
    • For reciprocal obligations, neither party incurs delay if the other fails to meet their obligations promptly.

    Liability and Damages

    • Obligors found guilty of fraud, negligence, or delay are responsible for damages caused.
    • Some responsibilities arising from negligence are subject to judicial regulation based on specific circumstances.

    Negligence and Diligence

    • The standard of care expected from the obligor relates to the obligation’s nature and circumstances. A "good father of a family" standard is applied if no specific diligence is outlined.

    Unforeseen Events

    • No liability arises for events that cannot be foreseen or were inevitable, except when explicitly stated by law or agreement.

    Usurious Transactions

    • Special laws govern transactions that involve usury.

    Presumptions in Payment

    • Receipt of principal by creditors without interest reservation presumes interest payment. Similarly, receiving later installments without prior reservations infers earlier payments are settled.

    Creditor Rights

    • Creditors can pursue a debtor’s properties to satisfy claims and have the right to challenge the debtor’s actions intended to defraud them.

    Transmission of Rights

    • Rights acquired through obligations are generally transmissible unless there is a stipulation that states otherwise.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    Explore the various aspects of obligations in law through this quiz. Understand the sources from which obligations arise, including contracts and quasi-contracts, and the duties of the obligor. Test your knowledge on legal frameworks and the distinctions between obligations.

    More Like This

    Principles of Contract Law
    7 questions

    Principles of Contract Law

    EndearingLogic5201 avatar
    EndearingLogic5201
    Contract Law: Conditions and Obligations
    39 questions
    Contract Law Basics
    10 questions

    Contract Law Basics

    UnbeatableDeStijl avatar
    UnbeatableDeStijl
    Use Quizgecko on...
    Browser
    Browser