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An obligation can be described as a juridical necessity to give, to do, or not to do.
An obligation can be described as a juridical necessity to give, to do, or not to do.
True
Natural obligations are enforceable by courts and strictly based on legal statutes.
Natural obligations are enforceable by courts and strictly based on legal statutes.
False
In a loan agreement, the lender is considered the debtor.
In a loan agreement, the lender is considered the debtor.
False
Civil obligations are based on positive law and can be enforced through courts.
Civil obligations are based on positive law and can be enforced through courts.
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There are two kinds of obligations: real obligations and personal obligations.
There are two kinds of obligations: real obligations and personal obligations.
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The passive subject in an obligation is the person entitled to demand fulfillment.
The passive subject in an obligation is the person entitled to demand fulfillment.
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The link that binds the parties in an obligation is referred to as the vinculum juris.
The link that binds the parties in an obligation is referred to as the vinculum juris.
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Obligations can only arise from contracts and not from law.
Obligations can only arise from contracts and not from law.
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A quasi-contract arises from voluntary acts to prevent unjust enrichment.
A quasi-contract arises from voluntary acts to prevent unjust enrichment.
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Delicts are obligations that result from lawful acts.
Delicts are obligations that result from lawful acts.
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Negotiorum gestio involves managing another's property without their consent and requires reimbursement.
Negotiorum gestio involves managing another's property without their consent and requires reimbursement.
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Quasi-delicts involve intentional actions resulting in damage.
Quasi-delicts involve intentional actions resulting in damage.
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In a quasi-delict, a direct relation between the act and the damage caused is necessary.
In a quasi-delict, a direct relation between the act and the damage caused is necessary.
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A contract requires a meeting of minds between two parties to perform an act or provide a service.
A contract requires a meeting of minds between two parties to perform an act or provide a service.
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Solutio indebiti arises when something is delivered due to a valid agreement.
Solutio indebiti arises when something is delivered due to a valid agreement.
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There can be a pre-existing contractual relation in a quasi-delict situation.
There can be a pre-existing contractual relation in a quasi-delict situation.
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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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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.
