Obligations in Civil Law
48 Questions
11 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

According to the content, which of the following is NOT a condition for invoking the principle of unjust enrichment?

  • The aggrieved party has an action based on tort. (correct)
  • The aggrieved party has no other action based on any other provision of law.
  • The aggrieved party has no other action based on contract.
  • The aggrieved party has no other action based on quasi-contract.
  • What does Article 22 of the Civil Code of the Philippines generally state regarding unjust enrichment cases?

  • Every person who acquires something at another's expense, without legal ground, must return it. (correct)
  • Every person who acquires something through a contract is liable to return it if it is rescinded.
  • Every person who acquires something at another's expense is always liable to return it.
  • Every person who acquires something without intent to harm can keep it.
  • In the usual legal context, is a practice or custom generally considered a source of legally enforceable rights?

  • No, not in most cases. (correct)
  • Yes, as long as it is a local custom.
  • Yes, if it has lasted several decades.
  • Yes, always as long as it is widely practiced.
  • According to the content, where does the law's role lie when an obligation arises from a private act?

    <p>The law simply recognizes an obligation that already exists.</p> Signup and view all the answers

    In the illustrative case, the deputy sheriff Z, was executing an ejectment suit. Why was Y, the owner of the removed house, NOT entitled to an indemnity from either X (house owner) or Z (deputy sheriff)?

    <p>Because there was no existing contract or illegal act committed by either X or Z.</p> Signup and view all the answers

    In the case described, if a contract was in place between the owner of the house (Y) and the land owner(X), and they breached the contract, could Y be indemnified?

    <p>Yes, for damages resulting from the breach.</p> Signup and view all the answers

    According to Article 1158 of the Civil Code of the Philippines, are obligations derived from law generally assumed?

    <p>No, they are not.</p> Signup and view all the answers

    Which of the following is the main reason Y's claim for indemnity failed in the illustrative case?

    <p>Y did not have a contract with X or Z, nor was there a fault committed by either of them.</p> Signup and view all the answers

    What constitutes a 'wrong' in a legal context?

    <p>An act or omission by one party that violates the legal rights of another, causing injury</p> Signup and view all the answers

    In a breach of contract, what is considered the subject matter?

    <p>The contract itself that was violated, or the item with respect to which the controversy arose.</p> Signup and view all the answers

    Which of the following is NOT a necessary element of a cause of action?

    <p>A pre-existing personal relationship between the plaintiff and defendant</p> Signup and view all the answers

    What could happen if one of the essential elements of a cause of action is missing from a complaint?

    <p>The complaint may be dismissed for failing to state a cause of action.</p> Signup and view all the answers

    Where does the determination of if there is a valid cause of action rest?

    <p>On the content, and sufficiency of the allegations given in the presented complaint.</p> Signup and view all the answers

    What is the primary difference between the 'subject matter' and the 'cause of action' in a breach of contract?

    <p>The subject matter is the contract, item, or right in dispute, and the cause of action is the breach itself.</p> Signup and view all the answers

    According to legal definitions, what is an 'act or omission' in the context of a wrong?

    <p>An action taken or a failure to act that violates someone's legal rights.</p> Signup and view all the answers

    Which of the following is a key element to establish a 'cause of action' in a legal dispute?

    <p>There must be a legal right belonging to the party that was infringed and consequential injury or damage.</p> Signup and view all the answers

    In a case involving quasi-contracts, who should X seek reimbursement from for his services if improvements were enjoyed by Z?

    <p>Y</p> Signup and view all the answers

    Which article of the Civil Code governs the concept of quasi-contracts?

    <p>Article 2142</p> Signup and view all the answers

    What was the primary issue in the case where the bank paid for goods under an expired letter of credit?

    <p>Legitimacy of B's payment under the expired LC</p> Signup and view all the answers

    What was X's argument for refusing to pay the bank after receiving the equipment?

    <p>B breached the contract</p> Signup and view all the answers

    What does Article 2142 imply about the existence of contracts?

    <p>It nullifies prior contracts</p> Signup and view all the answers

    When did X receive the hydraulic loaders in relation to the letter of credit?

    <p>After the expiry of the LC</p> Signup and view all the answers

    If Z is benefiting from improvements made to property, what is the implication for X's claim?

    <p>X must pursue the contract with Y first</p> Signup and view all the answers

    What action did X offer to take regarding the hydraulic loaders?

    <p>Return them to B</p> Signup and view all the answers

    Under what circumstance does the juridical relation not arise?

    <p>When the property is not neglected.</p> Signup and view all the answers

    What governs the situation where a manager has been tacitly authorized by the owner?

    <p>Rules on agency.</p> Signup and view all the answers

    What is the primary condition for solutio indebiti to exist?

    <p>Payment was made mistakenly.</p> Signup and view all the answers

    When does the obligation to pay money mistakenly paid arise?

    <p>From the moment the payment was made.</p> Signup and view all the answers

    What legal principle underlies solutio indebiti?

    <p>No one shall enrich himself unjustly at the expense of another.</p> Signup and view all the answers

    In which situation is solutio indebiti applicable?

    <p>When payment is made without any binding relation.</p> Signup and view all the answers

    What happens if a government erroneously collects taxes?

    <p>The government must restore or refund the money.</p> Signup and view all the answers

    Which article references the obligation arising from solutio indebiti?

    <p>Art. 2154.</p> Signup and view all the answers

    What does Article 365 of the Revised Penal Code address regarding negligence?

    <p>It punishes both reckless and simple negligence.</p> Signup and view all the answers

    Under which articles can civil liability arise from a negligent act or omission?

    <p>Articles 100 and 2176</p> Signup and view all the answers

    What is a key provision regarding recovery for damages from both civil liabilities?

    <p>You cannot recover damages twice for the same act or omission.</p> Signup and view all the answers

    What significant change did the 2000 Rules of Criminal Procedure introduce?

    <p>It allowed independent civil actions to proceed separately from criminal ones.</p> Signup and view all the answers

    Which type of liability does Article 2176 relate to?

    <p>Quasi-delict</p> Signup and view all the answers

    What is the relationship between civil liability and criminal responsibility in negligence cases?

    <p>They co-exist and can be pursued simultaneously.</p> Signup and view all the answers

    What is the implication if one recovers in either Article 100 or Article 2176?

    <p>It precludes recovery in the other action.</p> Signup and view all the answers

    Which article outlines the distinctness of civil actions from criminal prosecutions?

    <p>Article 2176</p> Signup and view all the answers

    What is a key distinction between crime and quasi-delict in terms of intent?

    <p>Only crime involves malicious intent or criminal negligence.</p> Signup and view all the answers

    Which statement is true regarding the interests affected by crime and quasi-delict?

    <p>Crime affects public interest, while quasi-delict concerns private interest.</p> Signup and view all the answers

    What type of liability is associated with quasi-delict?

    <p>Only civil liability.</p> Signup and view all the answers

    What is the primary purpose of crime compared to quasi-delict?

    <p>Punishment.</p> Signup and view all the answers

    How is liability treated differently between crime and quasi-delict?

    <p>Criminal liability cannot be compromised or settled by the parties.</p> Signup and view all the answers

    What standard of proof is required for establishing guilt in crime compared to quasi-delict?

    <p>Proof beyond reasonable doubt for crime and preponderance for quasi-delict.</p> Signup and view all the answers

    How is the liability of a responsible person viewed in crime versus quasi-delict?

    <p>In crime, liability is subsidiary while in quasi-delict it is direct and primary.</p> Signup and view all the answers

    Which of the following is false regarding the relationship between the parties involved in quasi-delict?

    <p>There can be pre-existing contractual relations.</p> Signup and view all the answers

    Study Notes

    Title I Obligations

    • An obligation is a juridical necessity to give, do, or not do.
    • The term "obligation" comes from the Latin word "obligatio", meaning "tying" or "binding."
    • An obligation is a legal tie or a juridical bond.
    • It can involve giving something, performing an action, or refraining from an action.
    • Manresa defines obligation as a legal relationship obligating one party to fulfill a prestation, which another party can demand.
    • Juridical necessity means courts can enforce obligation's fulfillment, or compensate for non-compliance economically.

    Meaning of Obligation

    • Obligations are defined by the Civil Code, emphasizing the debtor's duty (obligor).
    • Obligation's meaning involves the duty of a debtor or obligor.

    Essential requisites of an obligation

    • Passive subject (debtor/obligor): The party obligated to fulfill.
    • Active subject (creditor/obligee): The party entitled to demand fulfillment.
    • Object/prestation: The subject matter of the obligation, including actions (give, do, not do).
    • Juridical or Legal Tie: The connection between parties due to the sources of obligation.

    Form of obligation

    • Generally, no specific form is required for contractual obligations.
    • Non-contractual obligations don't have a specific form.

    Obligation, Right, and Wrong (Cause of Action)

    • Obligation: The act to be performed.
    • Right: The power to demand an action.
    • Wrong/Cause of Action: Action or omission violating a legal right.

    Essential Elements of Cause of Action

    • Legal Right: A right in favor of a person.
    • Legal Obligation: A corresponding obligation on the part of another.
    • Act/Omission: A breach/violation of that right causing damage.

    Kinds of Obligation According to Subject Matter

    • Real Obligation: Obligation to give something.
    • Personal Obligation: Obligation to do or not do something.
      • Positive: Obligation to perform an action.
      • Negative: Obligation not to perform an action.

    Sources of Obligations

    • Law: Obligations imposed by law.
    • Contracts: Obligations from agreements between parties.
    • Quasi-contracts: Obligations from lawful and unilateral acts.
    • Acts or omissions punished by law: Obligations arising from crimes.
    • Quasi-delicts: Obligations for damage caused by negligence.

    Civil Obligations

    • Obligations enforceable in court.
    • Distinguished from Natural Obligations (not enforceable in court).

    Studying That Suits You

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

    Quiz Team

    Related Documents

    Description

    Explore the concept of obligations as defined in the Civil Code. This quiz covers essential elements, including duties of debtors and creditors, and the juridical necessity of obligations. Test your understanding of these legal principles.

    More Like This

    Obligations and Remedies in Civil Law
    18 questions
    Civil Law Obligations Quiz
    40 questions

    Civil Law Obligations Quiz

    SensibleIntellect1871 avatar
    SensibleIntellect1871
    Obligaciones de Hacer en Derecho Civil
    29 questions
    Use Quizgecko on...
    Browser
    Browser