Note: I do not claim ownership or copyright for the ff. selections, but these notes came from different sources, from different authors of books, pamphlets, reviewers, codal provisions,etc. I recognize and acknowledge the contributors of the sources of these notes. This is not for sale and this is for classroom discussion use purposes only.
(source/reference)
http://yodgepupundergradclass2.wordpress.com/obligations-and-contracts-for-baccalaureate-course-notes/
PART I – OBLIGATION
– An obligation is a juridical necessity to give, to do or not to do
ELEMENTS:
Active subject ( obligee/creditor ) – the one in whose favor the obligation is constituted
Passive subject ( obligor/debtor ) – the one who has the duty of giving, doing or not doing
Object – prestation; the conduct which has to be observed by the debtor/obligor
Vinculum Juris – juridical/legal tie
Causa (causa debendi/causa obligationes) – why obligation exists
Requisites of Object:
licit – if illicit, it is void
possible – if impossible, it is void
determinate or determinable – or else, void
pecuniary value
SOURCES OF OBLIGATION:
LAW (
OBLIGATION EX LEGE ) – Must be expressly or impliedly set forth and cannot be presumed
CONTRACT
( OBLIGATION EX CONTRACTU ) – Must be complied with in good faith because it is the “law” between parties; neither party may unilaterally evade his obligation in the contract, unless:
a) contract authorizes it
b) other party assents
Parties may freely enter into any stipulations, provided they are not contrary to law, morals, good customs, public order or public policy
QUASI-CONTRACT
( OBLIGATION EX QUASI-CONTRACTU ) – That juridical relation resulting from a lawful, voluntary and unilateral act, and which has for its purpose, the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another
2 kinds:
Negotiorum gestio
– unauthorized management; This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority
Solutio indebiti
– undue payment ; This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake
DELICTS
( OBLIGATION EX MALEFICIO OR EX DELICTO )
Governing rules:
Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code
Art 100, RPC – Every person criminally liable for a felony is also civilly liable
