General Provisions in Obligations (Chapter 1) PDF

General Provisions in Obligations Chapter 1 1  Article 1156 ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do. (n) Obligation is derived from the Latin word obligatio which means tying or binding. Obligation is refe...

General Provisions in Obligations Chapter 1 1  Article 1156 ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do. (n) Obligation is derived from the Latin word obligatio which means tying or binding. Obligation is referred to as a juridical necessity because non- ful llment of which will give rise to a right of action. 2 fi  Nature of Obligations Civil Obligations Obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice. Natural Obligations Obligations that do not grant a right of action to enforce their performance although in case of voluntary ful llment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof. 3  Kinds of Obligations Real Obligations 1. Determinate or Speci c Real Obligation The obligation of the debtor or obligor to deliver a determinate or speci c thing to the creditor or obligee. *Determinate/Speci c Thing A determinate thing is a concrete particularized object indicated by its own individuality. 4 fi fi fi  Kinds of Obligations Real Obligations 2. Indeterminate or Generic Real Obligation The obligation of the debtor or obligor to deliver an indeterminate or generic thing to the creditor or obligee. *Generic Thing A generic thing is one whose determination is con ned to that of its nature, to the genus (genero) to which it pertains, such as a horse, a chair. 5  Kinds of Obligations Personal Obligations 1. Positive Personal Obligation This is the obligation of the debtor or obligor to perform some work or service for the creditor or obligee. 2. Negative Personal Obligation This is the obligation of the debtor or obligor not to perform some act in favor of the creditor or obligee. 6  Essential Requisites 1. Passive subject (called debtor or obligor) 2. Active subject (called creditor or obligee) 3. Object or prestation (subject matter of the obligation) 4. Juridical or legal tie (also called vinculum juris) 7  Requirements of Prestation 1.Determinate or determinable 2.Possible (it can be done or accomplished) 3.Legal or Licit (not unlawful) 4.Susceptible of Pecuniary Valuation (can have a monetary value attached thereto) 8  Illustration: Under a building contract, Johnny bound himself to construct a house for Depp for P18,000,000.00. Here, Johnny is the passive subject, Depp is the active subject, ”to do” is the object or prestation which entails him to build the house, and the agreement or contract, which is the source of the obligation, is the juridical tie. Suppose Johnny had already constructed the house and it was the agreement that Depp would pay Johnny after the construction is nished. Johnny, then, becomes the active subject and Depp, the passive subject. 9  Article 1157 Sources of Obligations ARTICLE 1157. OBLIGATIONS ARISE FROM: (1) LAW (obligatio ex lege); (2) CONTRACTS (obligatio ex contractu); (3) QUASI-CONTRACTS (obligatio ex quasi-contractu); (4) ACTS OR OMISSIONS PUNISHED BY LAW (obligatio ex delicto/male cio); AND (5) QUASI-DELICTS (obligatio ex quasi-delicto/male cio) 10 fi  Article 1157 Sources of Obligations (a) LAW wherein they are imposed by law itself. Examples: Payment of Taxes and Support (b) CONTRACTS when they arise from the stipulations of the parties. Example: Payment of loan 11  Article 1157 Sources of Obligations (c) QUASI-CONTRACTS when they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or bene ted at the expense of another. Example: Solution Indebiti, Negotiorum Gestio (d) DELICTS when they arise from civil liability which is the consequences of a criminal o ense. Example: obligation of the thief to return the car stolen by him 12 fi ff  Article 1157 Sources of Obligations (e) QUASI-DELICTS OR TORTS when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties. Example: Pet dog bites a stranger passing by. 13  Article 1158 Sources of Obligations ARTICLE 1158. OBLIGATIONS DERIVED FROM LAW ARE NOT PRESUMED. ONLY THOSE EXPRESSLY DETERMINED IN THIS CODE OR IN SPECIAL LAWS ARE DEMANDABLE, AND SHALL BE REGULATED BY THE PRECEPTS OF THE LAW WHICH ESTABLISHES THEM; AND AS TO WHAT HAS NOT BEEN FORESEEN, BY THE PROVISIONS OF THIS BOOK. 14  Article 1159 Contract as a Law between Parties ARTICLE 1159. OBLIGATIONS ARISING FROM CONTRACTS HAVE THE FORCE OF LAW BETWEEN THE CONTRACTING PARTIES AND SHOULD BE COMPLIED WITH IN GOOD FAITH. Can you refuse to perform your obligations based on your contract with another? Generally, no, unless the same is contrary to law, customs, morals, public order and public policy. 15  Article 1160 Sources of Obligations ARTICLE 1160. OBLIGATIONS DERIVED FROM QUASI-CONTRACTS SHALL BE SUBJECT TO THE PROVISIONS OF CHAPTER 1, TITLE XVII, OF THIS BOOK. Quasi- contracts – is that juridical relation resulting from certain lawful, voluntary, and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or bene ted at the expense of another. It is a kind of contract crated without the consent of one party but whose missing consent is given by the law. 16 fi  KINDS OF QUASI-CONTRACTS SOLUTIO INDEBITI- is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. Elements: 1. Something is received; 2. No right to demand it; 3. It was unduly delivered through mistake. Example: Haru the assistant of Ruth, in the absence of the latter, the former received the amount of P1,000,000 for the payment of Ruth's labor. Haru here has the obligation to give the amount to Ruth. 17   KINDS OF QUASI-CONTRACTS NEGOTIORUM GESTIO- It refers to a situation where a person, called the gestor (or negotiorum gestor), voluntarily takes charge of another person’s a airs (the principal or dominus negotii) without their prior consent or authority, and acts on their behalf, usually in the principal’s best interest. Elements: 1. Voluntary Action- The gestor intervenes voluntarily in the a airs of another person, without being asked or having a legal duty to do so. 2. Absence of Authority- The gestor does not have prior authorization or a mandate from the principal to manage their a airs. 3. Bene t to the Principal- The gestor’s actions are intended to bene t the principal, often in situations where the principal is unable to manage their own a airs due to absence, incapacity, or ignorance of the situation. 4. Good Faith- The gestor must act in good faith, with the intention of bene ting the principal, not for personal gain. 18 fi ff  ARTICLE 1161 ARTICLE 1161- CIVIL OBLIGATIONS ARISING FROM CRIMINAL OFFENSES SHALL BE GOVERNED BY THE PENAL LAWS, SUBJECT TO THE PROVISIONS OF ARTICLE 2177, AND OF THE PERTINENT PROVISIONS OF CHAPTER 2, PRELIMINARY TITLE, ON HUMAN RELATIONS, AND OF TITLE XVIII OF THIS BOOK, REGULATING DAMAGES. ARTICLE 100 RPC- Every person criminally liable for a felony is also civilly liable. (Twin Liability in Crimes) Forms of Civil Liability ex delicto/male cio: 1. Restitution 2. Reparation 3. Indemni cation 19 fi ARTICLE 1161 20  ARTICLE 1162 ARTICLE 1162- Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws. -Quasi-delicts are also referred to as “Torts” or “Culpa Aquiliana”. -Quasi-delicts is a fault or act of negligence (or omission of care) which causes damages to another, there being no pre- existing contractual relations between the parties. 21  Requisites for Liability in a Quasi-Delict 1. There must be fault or negligence attributable to the person charged; 2. There must be damage or injury; 3. There must be a direct relation of cause and e ect between the fault or negligence on the one hand and the damage or injury on the other. 22 ff  Question: How do you say that a person is negligent? Simply stated, what is negligence? Negligence is the failure to observe for the protection of the interests of another person that *degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person su ers injury. *diligence 23 ff  Types of Negligence (Culpa) The following are the types of culpa: 1. Culpa Contractual (Contractual Negligence)-refers to negligence that arises from the breach of a contract. When a party to a contract fails to perform their obligations with the appropriate level of care and diligence, they may be liable for damages due to culpa contractual. 2. Culpa aquiliana (Civil Negligence)- also known as a quasi-delict, refers to negligence that results in damage or injury to another person, independent of any contractual relationship. This type of negligence is based on the general duty of care that every person owes to others. 24  Types of Negligence (Culpa) The following are the types of culpa: 3. Culpa Criminal (Criminal Negligence)- refers to negligence that constitutes a criminal o ense. This type of negligence occurs when a person’s lack of care or disregard for safety results in the commission of a crime, such as reckless imprudence or simple negligence resulting in homicide or physical injuries. 25