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Questions and Answers
What is the legal tie that binds two parties in a contract of sale?
What is the legal tie that binds two parties in a contract of sale?
In a unilateral obligation, who has the obligation to fulfill their commitment?
In a unilateral obligation, who has the obligation to fulfill their commitment?
Under what article of the New Civil Code are quasi-contracts defined?
Under what article of the New Civil Code are quasi-contracts defined?
What distinguishes a contract from a quasi-contract in terms of consent?
What distinguishes a contract from a quasi-contract in terms of consent?
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What type of obligation arises when a person is obliged to return something received by mistake?
What type of obligation arises when a person is obliged to return something received by mistake?
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Which source of obligations requires clear provisions in the law for obligations to be demandable?
Which source of obligations requires clear provisions in the law for obligations to be demandable?
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What is the meaning of 'juridical necessity' in the context of obligations?
What is the meaning of 'juridical necessity' in the context of obligations?
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Which element of an obligation refers to the person who can demand the fulfillment of the obligation?
Which element of an obligation refers to the person who can demand the fulfillment of the obligation?
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What does the term 'Obligation' refer to according to the Civil Code?
What does the term 'Obligation' refer to according to the Civil Code?
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Who is referred to as the passive subject in an obligation?
Who is referred to as the passive subject in an obligation?
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What may be demanded by the active subject in an obligation?
What may be demanded by the active subject in an obligation?
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What does 'Object' refer to in the context of obligations?
What does 'Object' refer to in the context of obligations?
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What legal principle underlies the obligation of Victor to reimburse Ramon for managing the livestock farm?
What legal principle underlies the obligation of Victor to reimburse Ramon for managing the livestock farm?
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In the context of the text, what is the basis for Victor's obligation to pay Ramon for managing the farm?
In the context of the text, what is the basis for Victor's obligation to pay Ramon for managing the farm?
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What legal concept arises when a person voluntarily manages or administers the business or property of another without authority?
What legal concept arises when a person voluntarily manages or administers the business or property of another without authority?
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What is the distinguishing factor that differentiates a quasi-delict from other sources of obligations?
What is the distinguishing factor that differentiates a quasi-delict from other sources of obligations?
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What does Art. 2176 of the NCC state regarding quasi-delicts?
What does Art. 2176 of the NCC state regarding quasi-delicts?
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In a situation involving negligence causing damage without a pre-existing contract, what type of liability is typically incurred?
In a situation involving negligence causing damage without a pre-existing contract, what type of liability is typically incurred?
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If restitution is no longer possible after damage caused by negligence, what may be required according to the text?
If restitution is no longer possible after damage caused by negligence, what may be required according to the text?
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What distinguishes a delict from a quasi-delict in terms of source of obligations?
What distinguishes a delict from a quasi-delict in terms of source of obligations?
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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
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Description
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.
