Obligations and Their Requisites

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What can B request if A fails to comply with the stipulated construction of the house?

B can perform the obligation himself.

B can ask D to perform the obligation at A's expense. (correct)

B cannot take any action if A refuses.

B can choose to terminate the agreement.

When does a delay on the part of the debtor occur?

When the debtor voluntarily decides not to pay.

If the debtor fails to fulfill a promise made verbally.

When the creditor demands fulfillment of the obligation. (correct)

Only on the due date of the obligation.

What must be undone at the debtor's expense if the obligation consists of not doing something?

Any contract signed by the debtor.

An act that the obligor performed after being disallowed. (correct)

An act performed by the creditor.

Any incurred expenses by the creditor.

What type of delay occurs when the debtor fails to fulfill an obligation by the agreed time?

Ordinary Delay Signup and view all the answers

Which scenario best exemplifies 'mora solvendi'?

Debtor fails to deliver goods by the deadline. Signup and view all the answers

Under what condition might a delay not require a demand from the creditor?

If it's explicitly stated in the obligation. Signup and view all the answers

What occurs if a reciprocal obligation is fulfilled by one party?

Delay starts for the party that fails to pay. Signup and view all the answers

What is 'mora accipiendi'?

The failure of the creditor to accept payment. Signup and view all the answers

What is the primary responsibility of a debtor when negligence is involved in the performance of an obligation?

They are liable for damages resulting from their negligence. Signup and view all the answers

Under what condition can future negligence be renounced?

If the nature of the obligation does not require extraordinary diligence. Signup and view all the answers

What type of negligence occurs when a debtor fails to fulfill a pre-existing obligation?

Contractual Negligence Signup and view all the answers

Which type of negligence is defined as resulting in the commission of a crime?

Criminal Negligence Signup and view all the answers

What happens when both parties have been negligent towards each other?

They can negotiate the terms of their obligations. Signup and view all the answers

Which of the following actions constitutes fraud in the context of negligence?

Acting in bad faith regarding future negligence. Signup and view all the answers

How does the court determine the measure of damages in cases of negligence?

By evaluating the circumstances surrounding the negligence. Signup and view all the answers

What defines civil negligence in an obligation context?

Negligence that causes harm but lacks a pre-existing obligation. Signup and view all the answers

How does the nature of obligation impact liability in cases of negligence?

It can increase liability if the obligation is inherently dangerous. Signup and view all the answers

What is the primary difference between negligence in good faith and bad faith regarding damages?

Bad faith negligence includes payment of lost profits and medical expenses. Signup and view all the answers

Which of the following best describes a fortuitous event?

An extraordinary event that cannot be foreseen or is inevitable. Signup and view all the answers

What distinguishes a fortuitous event from force majeure?

Fortuitous events are acts of man, while force majeure involves natural occurrences. Signup and view all the answers

What must be established for a party to claim exemption from liability due to a fortuitous event?

The event must not be caused by either party involved. Signup and view all the answers

In terms of diligence required, which statement is true?

Diligence required may vary based on the nature of the contract. Signup and view all the answers

What happens to an obligor's liability when a fortuitous event occurs?

The obligation could be extinguished depending on the circumstances. Signup and view all the answers

In the event of good faith negligence while delivering valuable goods, what could a liable party expect to pay?

Incurred additional costs, including damages to the other party. Signup and view all the answers

What must a debtor do when substituting a determinate thing?

Obtain consent from the creditor Signup and view all the answers

What does it mean for a thing to be classified as generic or indeterminate?

It refers to a class without specific identification Signup and view all the answers

What defines an obligation according to its essential requisites?

There must be a juridical tie binding the parties involved. Signup and view all the answers

What standard of care must a debtor exercise in preserving a determinate thing?

Ordinary care as a diligent father would Signup and view all the answers

Which of the following is NOT a source of obligation as defined?

Laws imposed by the judiciary. Signup and view all the answers

When does the creditor have the right to the fruits of a thing?

From the time the obligation to deliver it arises Signup and view all the answers

Which of the following best describes natural fruits?

Spontaneous products of the soil without human labor Signup and view all the answers

In the example provided, who transitions to the passive subject after the completion of the house?

Person B, the client. Signup and view all the answers

When an obligation arises from a negligent act, what type of obligation is it considered?

Quasi-delict obligation. Signup and view all the answers

What is a civil fruit?

Rents derived from a contract or legal obligation Signup and view all the answers

What does the term 'prestation' refer to in the context of obligations?

The subject matter of the obligation. Signup and view all the answers

What right allows a person to demand the fulfillment of another's obligation?

Personal right Signup and view all the answers

Which form of an obligation is NOT considered valid?

Implied agreements without expressions. Signup and view all the answers

What does the term 'real right' signify?

An interest over a specific thing Signup and view all the answers

Which of the following statements best describes the relationship between an active subject and a passive subject in an obligation?

The active subject has a right to receive fulfillment, while the passive subject has a duty to fulfill it. Signup and view all the answers

In the context of obligations, what is meant by a 'juridical tie'?

The legal basis connecting the parties to the obligation. Signup and view all the answers

What is the main consequence of a civil obligation arising from a criminal offense?

It includes restitution, reparation, and indemnification. Signup and view all the answers

Which of the following is NOT a requisite for quasi-delicts?

There must be criminal intent. Signup and view all the answers

How do the liabilities differ between crimes and quasi-delicts?

Crimes entail both criminal and civil liabilities while quasi-delicts involve only civil liability. Signup and view all the answers

According to Article 1163, what is a person obliged to do regarding a determinate thing?

Take care of it with proper diligence. Signup and view all the answers

What distinguishes a crime from a quasi-delict?

A crime involves malicious intent, whereas a quasi-delict involves only negligence. Signup and view all the answers

What must be demonstrated to prove a quasi-delict?

Only fault or negligence, not intent. Signup and view all the answers

Which option describes the liability nature in civil obligations arising from criminal offenses?

Liability is driven by public interest. Signup and view all the answers

In the context of obligations, what constitutes a determinate or specific thing?

A thing identified by its individuality and distinct from others. Signup and view all the answers

Study Notes

Article 1156: Obligations

An obligation is a juridical necessity to give, to do, or not to do.
It's derived from the Latin word obligatio, meaning tying or binding.
Obligations involve a tie or bond that binds one party to another to render something. This can include giving a thing, performing an action, or refraining from an action.

Essential Requisites of an Obligation

Passive Subject (Debtor/Obligor): The person bound to fulfill the obligation.
Active Subject (Creditor/Obligee): The person entitled to demand fulfillment.
Object/Prestation: The subject matter of the obligation. This can be giving, doing, or not doing.
Juridical/Legal Tie: The efficient cause or the connection binding the parties to the obligation.

Article 1157: Sources of Obligations

Law: Obligations imposed by law itself.
Contracts: Obligations arising from agreements or stipulations between parties.
Quasi-Contracts: Obligations based on a retroactive arrangement between parties lacking previous agreements.
Quasi-delicts: Obligations arising from fault or negligence when no contractual relationship exists between parties.

Article 1158: Obligations from Law

Obligations from law are not presumed.
Examples include legal obligations, like a private school not being obligated to provide clothing allowances to teachers as there is no law specifying this.

Article 1159: Contractual Obligations

Obligations from contracts have the force of law between parties.
These obligations must be fulfilled in good faith.
A contract acts as a meeting of minds between two persons where they are bound to give something or render services.

Article 1160: Quasi-Contracts

Quasi-contracts result from lawful, voluntary, and unilateral acts creating a juridical relationship binding parties.
No previous obligation exists between parties.
Kinds of quasi-contracts:
- Negotiorum gestio: Voluntary management of another's property/affairs without knowledge/consent.
- Solutio indebiti: Something is received when there's no right to claim it, by mistake.

Article 1161: Obligations from Criminal Offenses

Civil liabilities arising from criminal offenses are governed by penal laws.
Scope of civil liability:
- Restitution: Returning the stolen or damaged property.
- Reparation: Payment for damages caused.
- Indemnification: Payment for consequential damages.

Article 1162: Obligations from Quasi-Delicts

Obligations from quasi-delicts (negligence and fault) are governed by special laws.
Requisites of quasi-delicts:
- An act or omission.
- Fault or negligence.
- Damage caused.
- Direct relation/connection between act/omission and damage.
- No pre-existing contractual relation.

Article 1163: Obligations to Deliver a Thing

A person who is obligated to deliver a specific thing has a responsibility to take care of it with the prudence of a good father of a family.

Article 1164: Creditor's Right to Fruits

The creditor is entitled to fruits (natural, industrial, civil) of the thing from the time the obligation to deliver it arises.

Article 1165: Remedies of Creditor in Real Obligations

Specific real obligation: Demand specific performance, rescission or cancellation, or damages.
Generic real obligation: Similar to specific obligations but less specific performance options; general types of obligations.

Article 1166: Delivery of Accessions and Accessories

The obligation to deliver a determinate thing includes its accessions and accessories.

Article 1167: Obligations to Do

If the obligor fails to do their obligation, the obligation will be executed at their expense.
Remedies of Creditor: specific performance, damages, or forcing someone else to do the work.

Article 1168: Negative Obligations

The obligor, if they do what they were obligated not to do, the corresponding act must be undone at their expense.

Article 1169: Delay (Mora)

Delay occurs when the obligor fails to perform their obligation at the stipulated time.
It can be ordinary (failure to perform at the agreed upon time) or legal (failure causing breach of contract).
Requisites of delay for the debtor:
- Obligation is demandable.
- The debtor fails to perform.
- Demand was made.

Article 1170: Liability for Damages

The obligor is liable for damages through fraud, negligence, or delay.

Article 1171: Fraud

Fraud is demandable and any waiver for future fraud are void.
Obligations from fraud are demandable regardless of type.

Article 1172: Negligence

Negligence in fulfilling obligations is also demandable.
Waiver of action for future negligence is permitted unless the obligation requires extraordinary diligence.

Article 1173: Kinds of Negligence

Contractual Negligence (culpa contractual): Negligence in contractual obligations.
Civil Negligence (culpa aquiliana): Negligence that gives rise to civil obligations between parties with no pre-existing contract.
Criminal Negligence (culpa criminal): Negligence resulting in criminal offenses.

Article 1174: Fortuitous Events

A fortuitous event is an unexpected event that cannot be foreseen or is inevitable.
A fortuitous event relieves the obligor of liability for non-performance.

Article 1175: Usurious Transactions

Usurious transactions are prohibited by law.
Charging excessively high interest rates is prohibited.

Article 1176: Presumptions

Presumptions are inferences based on a fact that is known.
Presumptions in obligations are used when there is no proof.

Article 1177: Creditor's Remedies

Creditors can take actions to ensure they are paid, like going after assets or executing the contract.

Article 1178: Transmissibility of Rights

Rights and obligations related to the obligation may be transferred, unless prohibited by law or contract.

Article 1179: Pure Obligations

Pure obligations are immediately due and demandable, not dependent on any condition or period.

Article 1180: Obligations with a Period (Term)

Obligations with a period are not considered conditional, but are due once the specified period arrives.

Article 1181 -1187: Conditional Obligations

Suspensive condition: The obligation is effective (or not) based on a condition occurring (or not).
Resolutory condition: The obligation is extinguished (or not) based on a condition occurring (or not).
Kinds of conditions:
- Potestative: Dependent on the will of one party.
- Casual: Dependent on the chance of a third party.
- Mixed: Dependent on the will of one party and events beyond that party.

Article 1188

Creditors may take action to protect their interests before the happening of a condition.
Debtors may recover funds paid in advance by mistake before a condition is met.

Article 1189: Loss or Deterioration of the Thing

Loss or deterioration of an object without fault does not relieve the obligor from their obligation.
Loss or deterioration with fault does have implications for liability.

Article 1190: Resolutory Condition

When the condition is met, the obligation is immediately extinguished; effect is retroactive and covers all rights and duties created by the obligation since its inception.

Article 1191: Breach of Reciprocal Obligations

If one party breaches a reciprocal obligation, the other party can choose to either compel performance or rescind the contract (with damages).
If both parties breach, the court will consider circumstances to determine which party is primarily at fault and to distribute damages accordingly.

Article 1192: Multiple Breaches in Reciprocal Obligations

When both parties breach a reciprocal obligation, the courts will consider the situation to equitably distribute the liability.

Studying That Suits You

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

Description

This quiz explores the concept of obligations, including their definitions, essential requisites, and sources. Understand the roles of debtors, creditors, and the legal ties that bind them in fulfilling obligations. Perfect for law students or anyone interested in legal principles.