Obligations in Law
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Questions and Answers

An obligation can be described as a juridical necessity to give, to do, or not to do.

True (A)

Natural obligations are enforceable by courts and strictly based on legal statutes.

False (B)

In a loan agreement, the lender is considered the debtor.

False (B)

Civil obligations are based on positive law and can be enforced through courts.

<p>True (A)</p> Signup and view all the answers

There are two kinds of obligations: real obligations and personal obligations.

<p>True (A)</p> Signup and view all the answers

The passive subject in an obligation is the person entitled to demand fulfillment.

<p>False (B)</p> Signup and view all the answers

The link that binds the parties in an obligation is referred to as the vinculum juris.

<p>True (A)</p> Signup and view all the answers

Obligations can only arise from contracts and not from law.

<p>False (B)</p> Signup and view all the answers

A quasi-contract arises from voluntary acts to prevent unjust enrichment.

<p>True (A)</p> Signup and view all the answers

Delicts are obligations that result from lawful acts.

<p>False (B)</p> Signup and view all the answers

Negotiorum gestio involves managing another's property without their consent and requires reimbursement.

<p>True (A)</p> Signup and view all the answers

Quasi-delicts involve intentional actions resulting in damage.

<p>False (B)</p> Signup and view all the answers

In a quasi-delict, a direct relation between the act and the damage caused is necessary.

<p>True (A)</p> Signup and view all the answers

A contract requires a meeting of minds between two parties to perform an act or provide a service.

<p>True (A)</p> Signup and view all the answers

Solutio indebiti arises when something is delivered due to a valid agreement.

<p>False (B)</p> Signup and view all the answers

There can be a pre-existing contractual relation in a quasi-delict situation.

<p>False (B)</p> Signup and view all the answers

Flashcards

What is an obligation?

A legal tie binding one party to provide something to another. This party has the right to demand fulfillment.

Why is an obligation a juridical necessity?

Obligations are enforced by courts, meaning non-compliance leads to legal consequences like damages.

What is a civil obligation?

Obligations enforced through courts based on legal rules.

What is a natural obligation?

Obligations not enforced by courts, but stem from fairness and natural law. Voluntary fulfillment prevents recovery.

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Who is the passive subject (Debtor/Obligor)?

The person required to fulfill the obligation. Example: In a loan, the borrower.

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Who is the active subject (Creditor/Obligee)?

The person entitled to demand the fulfillment of the obligation. Example: In a loan, the lender.

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What is the object or prestation?

The specific action required, which can be giving, doing, or not doing something. Example: Paying back a loan.

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What is the juridical or legal tie (Vinculum Juris)?

The link that binds the parties to the obligation, determined by the source of the obligation. Example: A contract creates a legal tie.

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What is a quasi-contract?

A legal relationship created through voluntary actions to prevent unjust enrichment. An example would be someone paying money by mistake, creating an obligation for the recipient to reimburse them.

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What is a Contract?

A contract is a formal agreement between two or more parties to exchange something of value. This could be goods, services, or even a promise.

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What is Negotiorum Gestio?

This occurs when you manage someone's property or affairs without their knowledge or consent. It creates an obligation for you to reimburse any expenses you incur.

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What is Solutio Indebiti?

This happens when you mistakenly give something to someone. It creates an obligation for them to return it.

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What is the difference between a Crime and a Quasi-delict?

A crime involves intentional harm with a malicious intent and often creates consequences for society. It breaks the law.

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What is a Quasi-delict?

This is a civil wrong caused by negligence or carelessness. It results in harm to an individual, not society as a whole.

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What are the requisites of a Quasi-delict?

A Quasi-delict involves these five key elements: 1) An act or omission (doing something or failing to do something) by the defendant. 2) Fault or negligence on their part. 3) Damage caused to the plaintiff. 4) A direct link between the act and the damage. 5) No pre-existing contractual relationship between the parties.

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How is a Quasi-delict similar and different to a Crime?

A quasi-delict is a civil wrong but doesn't involve criminal intent. These are often situations where someone carelessly causes damage or injury to another.

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Study Notes

Obligations

  • An obligation is a juridical necessity to give, do, or not do. It's a legal tie binding one party to another, allowing the other party to demand fulfillment.

Juridical Necessity

  • Obligations are considered juridical necessities because courts can enforce their fulfillment or impose consequences (like damages) for non-compliance.

Civil Obligations

  • Civil obligations are enforceable through courts, based on positive law.

Natural Obligations

  • Natural obligations aren't enforceable by courts but are based on equity and natural law. If fulfilled voluntarily, the debtor can't recover what was delivered.

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 or Prestation: The required conduct (giving, doing, or refraining from doing).
  • Juridical or Legal Tie (Vinculum Juris): The connection between parties, often determined by the source of the obligation.

Parties in an Obligation

  • Example: In a loan, the borrower is the debtor, and the lender is the creditor.

Kinds of Obligations

  • Real Obligation: Involves giving something (e.g., delivering a car).
  • Personal Obligation: Involves an action or inaction (e.g., doing a service or refraining from doing something).
    • Positive: An obligation to do something.
    • Negative: An obligation not to do something.

Sources of Obligations

  • Law: Statutory obligations (like paying taxes).
  • Contracts: Obligations based on agreements.
  • Quasi-Contracts: Obligations arising from lawful, voluntary, unilateral acts (e.g., unjust enrichment).
  • Delicts (Crimes): Obligations resulting from punishable acts (e.g., restitution for stolen property).
  • Quasi-Delicts: Obligations arising from fault or negligence causing damage to another (e.g., car accident).

Contracts

  • A contract is a meeting of minds between two or more parties to give something or provide a service.

Quasi-Contracts

  • Quasi-contracts are juridical relations arising from lawful, voluntary, and unilateral acts to prevent unjust enrichment.

Negotiorum Gestio

  • Managing another's property or affairs without their knowledge, obligating compensation for expenses.

Solutio Indebiti

  • When something is delivered mistakenly, obligating its return.

Crimes vs. Quasi-Delicts

  • Crimes: Involve criminal intent, affecting public interest.
  • Quasi-Delicts: Involve negligence, affecting private interests.

Requisites of a Quasi-Delict

  • Act/Omission by Defendant: There must be a wrongful action or inaction.
  • Fault/Negligence: The defendant must be at fault.
  • Damage: The action/inaction must have caused harm.
  • Direct Connection: A direct link between the action/inaction and the damage.
  • No Pre-existing Contract: No prior agreement between the parties.

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Related Documents

Assignment No. 1 PDF

Description

Explore the concepts surrounding obligations, including juridical necessity, civil and natural obligations, and essential requisites of an obligation. Understand how obligations are legally enforced and the roles of debtors and creditors in fulfilling these duties.

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