20 Questions
What is the legal tie that binds two parties in a contract of sale?
Vinculum juris
In a unilateral obligation, who has the obligation to fulfill their commitment?
The debtor
Under what article of the New Civil Code are quasi-contracts defined?
Art. 2142
What distinguishes a contract from a quasi-contract in terms of consent?
Consent is essential in a contract
What type of obligation arises when a person is obliged to return something received by mistake?
'Solutio Indebiti' quasi-contract
Which source of obligations requires clear provisions in the law for obligations to be demandable?
Law
What is the meaning of 'juridical necessity' in the context of obligations?
It indicates a legal compulsion to meet an obligation, enforceable by law.
Which element of an obligation refers to the person who can demand the fulfillment of the obligation?
Active subject
What does the term 'Obligation' refer to according to the Civil Code?
A juridical necessity to give, do, or not do something.
Who is referred to as the passive subject in an obligation?
Obligor or debtor
What may be demanded by the active subject in an obligation?
Fulfillment of the obligation
What does 'Object' refer to in the context of obligations?
'Object' denotes the fact, prestation, or service which forms the obligation.
What legal principle underlies the obligation of Victor to reimburse Ramon for managing the livestock farm?
Negotiorum gestio
In the context of the text, what is the basis for Victor's obligation to pay Ramon for managing the farm?
Art. 2144 of the NCC
What legal concept arises when a person voluntarily manages or administers the business or property of another without authority?
Quasi-contract
What is the distinguishing factor that differentiates a quasi-delict from other sources of obligations?
Pre-existing contractual relation
What does Art. 2176 of the NCC state regarding quasi-delicts?
Attribution of fault or negligence
In a situation involving negligence causing damage without a pre-existing contract, what type of liability is typically incurred?
Quasi-delictual liability
If restitution is no longer possible after damage caused by negligence, what may be required according to the text?
Indemnification payment
What distinguishes a delict from a quasi-delict in terms of source of obligations?
'Actus reus' element
Study Notes
Obligations
- An obligation is a juridical necessity to give, to do, or not to do, derived from the Latin word "Obligatio", meaning a tie or bond recognized by law.
- It is a unilateral act of the debtor (defined in its passive aspect) either to give, to do, or not to do as a patrimonial obligation.
Elements of an Obligation
- Juridical tie (vinculum juris) that binds the parties to the obligation
- Active subject (obligee or creditor) who can demand the fulfillment of the obligation
- Passive subject (obligor or debtor) against whom the obligation is juridically demandable
- Object (fact, prestation, or service) that constitutes the object of the obligation
Sources of Obligations
Law as a Source of Obligations
- Obligations arising from law are not presumed and must be clearly provided for, expressly or impliedly in the law
- Examples: duty of spouses to support each other, duty to pay taxes under the National Internal Revenue Code
Contracts as a Source of Obligations
- A contract is a meeting of minds between two persons whereby one binds himself with respect to the other
- Obligations arising from contracts have the force of law between the contracting parties
- Contracts must comply with the law and good faith
Quasi-Contracts as a Source of Obligations
- Quasi-contract is a juridical relation resulting from a lawful, voluntary, and unilateral act that has for its purpose the payment of indemnity
- Examples: solutio indebiti (payment by mistake), negotiorum gestio (management of another's property)
Delicts as a Source of Obligations
- Delicts are acts or omissions punished by law
- Civil liability arising from delicts includes restitution, reparation, and indemnification
Quasi-Delicts as a Source of Obligations
- Quasi-delict is one where whoever by act or omission causes damage to another, there being fault of negligence
- Requisites of quasi-delicts include fault of negligence, damage or injury caused to another, and no pre-existing contractual relation between the parties
Learn about obligations which are juridical necessities to give, do, or not do according to the Civil Code. Explore the concept of obligations derived from the Latin word 'Obligatio' and the different forms they can take.
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