Assignment No. 1 PDF

Assignment No. 1 1. What is an obligation? ❖ An obligation is a juridical necessity to give, to do, or not to do. It is a legal tie by which one party is bound to render something to another, and the other party can demand its fulfillment. 2. How is an obligation considered a juridic...

Assignment No. 1 1. What is an obligation? ❖ An obligation is a juridical necessity to give, to do, or not to do. It is a legal tie by which one party is bound to render something to another, and the other party can demand its fulfillment. 2. How is an obligation considered a juridical necessity? ❖ Obligation is a juridical necessity because, in case of non-compliance, courts of justice can enforce its fulfillment or impose consequences such as damages. 3. What is a civil obligation? ❖ Civil obligations are enforceable through courts of justice and are based on positive law. 4. What is a natural obligation? ❖ Natural obligations are not enforceable by courts but are based on equity and natural law. If fulfilled voluntarily, the debtor cannot recover what has been delivered. 5. What are the four (4) 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 the fulfillment of the obligation. ❖ Object or Prestation: The conduct required to be observed, which may consist of giving, doing, or not doing something. ❖ Juridical or Legal Tie (Vinculum Juris): The link that binds the parties to the obligation, often determined by the source of the obligation. 6. Who are the parties in an obligation? Give examples. ❖ The parties are the debtor/obligor (who has the duty) and the creditor/obligee (who has the right). Example: In a loan agreement, the borrower is the debtor, and the lender is the creditor. 7. What are the kinds of obligations?  ❖ Real obligation (obligation to give) or that in which the subject matter is a thing which the obligor must deliver to the obligee ❖ Personal obligation (obligation to do or not to do) or that in which the subject matter is an act to be done or not to be done. There are two kinds of personal obligation: (a) Positive personal obligation or obligation to do or to render service (b) Negative personal obligation or obligation not to do (which naturally includes obligations “not to give”). 8. Enumerate the five (5) sources of obligations. Explain each and give examples. ❖ Law: Obligations imposed by statutes (e.g., paying taxes). ❖ Contracts: Arising from agreements between parties (e.g., a lease contract). ❖ Quasi-contracts: Arising from lawful, voluntary, and unilateral acts (e.g., reimbursement for money paid by mistake). ❖ Delicts (Crimes): Obligations resulting from criminal acts (e.g., restitution for stolen property). ❖ Quasi-delicts: Arising from damages caused by fault or negligence (e.g., car accident damages). OR Sources classified. The law enumerates five (5) sources of obligations. They may be classified as follows: ❖ (1) Those emanating from law; and ❖ (2) Those emanating from private acts which may be further subdivided into: (a) those arising from licit acts, in the case of contracts and quasi-contracts; and (b) those arising from illicit acts, which may be either punishable by law in the case of delicts, or not punishable in the case of quasi-delicts. 9. What is a contract? Give examples. ❖ A contract is a meeting of minds between two parties to give something or render a service. Example: Sale agreements or employment contracts. 10. What is a quasi-contract? ❖ A quasi-contract is a juridical relation arising from lawful, voluntary, and unilateral acts to prevent unjust enrichment. 11. Explain negotiorum gestio and solutio indebiti. ❖ Negotiorum Gestio: Managing the property or affairs of another without their knowledge or consent, obligating reimbursement of expenses. ❖ Solutio Indebiti: Arising when something is unduly delivered through mistake and must be returned. 12. Distinguish a crime from a quasi-delict. ❖ Crime: Involves criminal or malicious intent and affects public interest. ❖ Quasi-delict: Involves only negligence and concerns private interest. 13. Enumerate the requisites of a quasi-delict. ❖ There must be an act or omission by the defendant; ❖ There must be fault or negligence of the defendant; ❖ There must be damage caused to the plaintiff; ❖ There must be a direct relation or connection of cause and effect between the act or omission and the damage; and ❖ There is no pre-existing contractual relation between the parties.