Obligations and Contracts in Civil Law

Standard of Care

• An obligor is required to provide a standard of care that is ordinary and reasonable for the preservation and protection of the thing obligated to be delivered.

Real Right Acquisition

• A creditor acquires a real right over the thing upon the perfection of the obligation, typically coinciding with the handing over or delivery of the item.

Delay in Delivery

• If the obligor delays in delivering a determinate thing, they may be liable for damages resulting from the delay, and the creditor may seek legal remedies.

Obligor's Delay Without Demand

• An obligor incurs delay without the need for a creditor's demand when the delivery date is fixed or when the obligor has been notified that the thing is ready for delivery.

Forbidden Actions

• If an obligor performs actions explicitly forbidden in an obligation, they can be held accountable for breach of contract and may be liable for damages.

Delay in Reciprocal Obligations

• In reciprocal obligations, the party that fails to perform their duty first incurs delay, affecting their rights in the relationship.

Sources of Obligations

• Obligations can arise from various sources, including contracts, quasi-contracts, torts (delicts), and law.

Presumption of Obligations

• Certain types of obligations, such as those based on moral obligations or general customs, are not presumed and require explicit articulation.

Compliance with Contractual Obligations

• Obligations from contracts should be complied with according to the specific terms agreed upon by the parties involved, ensuring both parties' interests are respected.

Conditions for Quasi-Contracts

• Obligations arising from quasi-contracts will be governed by principles of equity and fairness when the law does not provide a specific rule.

Civil Obligations from Crimes

• Civil obligations that arise from criminal offenses are governed by applicable criminal laws and may entail restitution to the victim.

Quasi-Delict Obligations

• Obligations derived from quasi-delicts are governed by civil law principles focusing on liability and damages due to wrongful acts causing harm.

Test your knowledge on the general provisions of obligations and contracts as outlined in Book IV, Title I of the Civil Code. Explore the different sources from which obligations arise and their legal implications.