Obligations in Civil Law

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Questions and Answers

What is the definition of obligation as stated in Article 1156 of the New Civil Code?

A juridical necessity to give, to do or not to do. (correct)

A financial requirement to pay debts.

A moral necessity to help others.

A social guideline for personal relationships.

Which of the following is NOT one of the essential requisites of an obligation?

Causal relationship (correct)

Object/prestation

Active subject

Juridical or legal tie

In obligations arising from contracts, what is the usual requirement for their validity?

They require a notarized signature.

The law does not require any specific form. (correct)

They must be verbally agreed upon.

They must always be documented in writing.

What is a personal obligation that requires an act to be performed?

Positive personal obligation Signup and view all the answers

Which of the following sources does NOT contribute to obligations?

Friendship Signup and view all the answers

What is classified as a real obligation?

An obligation to deliver a specific item. Signup and view all the answers

What do we call the party entitled to demand the fulfillment of an obligation?

Creditor Signup and view all the answers

Which of the following is an example of a negative personal obligation?

Obligation to avoid negligent behavior Signup and view all the answers

What is a fortuitous event in the context of obligations?

An event which may be foreseen but is inevitable. Signup and view all the answers

Which type of obligation is characterized by immediate demandability?

Pure obligation Signup and view all the answers

What occurs when an impossible condition is placed on an obligation?

The obligation is void. Signup and view all the answers

What happens to a conditional obligation if the condition is solely within the control of the debtor?

The conditional obligation is void. Signup and view all the answers

If an object deteriorates without the fault of the debtor, who bears the impairment?

The creditor Signup and view all the answers

Which condition is void due to it being dependent on the will of a third person?

Potestative condition Signup and view all the answers

What is the outcome if a debtor prevents the fulfillment of a condition?

The condition is deemed unfulfilled. Signup and view all the answers

What governs an obligation that is dependent on a specific time period?

Obligation with a period Signup and view all the answers

What choice does a creditor have if a thing deteriorates due to the fault of the debtor?

Rescission of the obligation or fulfillment with damages. Signup and view all the answers

In which case is the obligation extinguished?

When a fortuitous event occurs without fault of the debtor. Signup and view all the answers

Study Notes

Meaning of Obligation

Obligation originates from the Latin term "obligatio," meaning tying or binding.
Defined as a juridical necessity to give, do, or refrain from doing something.
In case of noncompliance, courts can enforce fulfillment or provide economic compensation.

Essential Requisites of an Obligation

A juridical tie connects the parties to the obligation (efficient cause).
The active subject (creditor/obligee) has the right to demand fulfillment.
The passive subject (debtor/obligor) has the duty to fulfill the obligation.
The object/prestation is the specific conduct required from the debtor.

Form of Obligations

Generally, no specific form is required for obligations arising from contracts for validity.
Obligations can be oral, written, or a combination of both.

Kinds of Obligation According to Subject Matter

Real obligation involves the obligor delivering a tangible subject matter.
Personal obligation requires actions to be done or avoided by the obligor.

Types of Personal Obligations

Positive personal obligation refers to actions to be performed.
Negative personal obligation involves refraining from certain actions, including not giving.

Sources of Obligations

Arise from law, contracts, quasi-contracts, crimes or punishable acts, and quasi-delicts or torts.

Nature and Effect of Obligations

Those guilty of fraud, negligence, or delay are liable for damages under Article 1170.
A fortuitous event, unforeseen or inevitable, absolves the debtor from liability for non-performance.

Kinds of Obligations

Pure obligation: Immediate and demandable, not conditioned or tied to specific dates.
Conditional obligation: Effectivity depends on the fulfillment of a specified condition.

Types of Conditions

Suspensive condition: Fulfillment creates a new obligation.
Resolutory condition: Fulfillment extinguishes an existing obligation.

Potestative Condition

If fulfillment depends solely on the debtor's will, the obligation is void.

Casual Condition

If the condition depends on chance or a third party's will, the obligation remains valid.

Impossible Conditions

Conditions that are illegal or against public policy annul the obligation, yet the valid part remains enforceable.

Rules During Pendency of Suspensive Condition

Loss of the subject without the debtor's fault extinguishes the obligation.
Loss through the debtor's fault necessitates repayment of damages.
Deterioration without fault impacts the creditor; if with fault, the creditor may rescind or fulfill with damages.
Improvements benefit the creditor unless made at the debtor's expense, which may limit rights.

Obligation with a Period

Obligations may depend on a specific time period for effects to take place.

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Description

This quiz explores the concept of obligation as defined in the New Civil Code. It delves into its juridical significance, essential requisites, and the implications of noncompliance. Test your understanding of obligations and their enforceability in law.