LAW: Obligations and Contracts (Chapter 1: General Provisions)

Sources of Obligations (ART. 1157)

(1) Law (2) Contracts (3) Quasi-contracts (4) Acts/ omissions punishable by law (5) Quasi-delicts

Object/ Prestation

(1) giving something (2) doing something (3) not doing something

Quasi-contracts or Quasi contractu

A juridical relation which arises from certain lawful, voluntary and unilateral acts; no one may be unjustly enriched at the expense of another Ex: A person a person mistakenly pays or gives money to another, who has no right to demand such payment .. gives rise to an obligation to return money

Contracts (ART 1159)

Meeting of minds One binds oneself with respect to the other to give something or to render some service 1159- Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith

Law (ART 1158)

Rich source of obligations Ex: Family code, Republic Act. No. 8424 (Taxable entities to pay taxes) 1158- Obligations derived from law are not presumed

Obligation (under ART. 1156)

a juridical necessity to give, to do, not to do

Elements of an Obligation

a) Active subject/creditor/ obligee b) Passive subject/debtor/ obligor c) Object/ Prestation d) Juridical tie (vinculum juris)

Requisites of a Prestation

a) must be possible, physically and juridically b) must be determinate, or at least, determinable c) must be capable of pecuniary estimation

Types of Quasi contracts:

a) negotorium gestio b) Solutio indebiti c) other quasi- contracts

Delicts (Acts or omissions punished by law) - ART 1161

governed primarily by the penal laws Every person who is criminally liable is also civilly liable ART 1161 - Civil obligations arising from criminal offenses shall be governed by the penal laws

Active subject

has the power to demand the prestation has the right to demand

Passive subject

is bound to perform the prestation/ obligation

Solutio indebiti

payment by mistake

In good faith

that the parties fulfill their obligations according to the terms and conditions of the contract

Negotorium gestio

the cause of the officious manager

Quasi-delicts or torts (accidents that cause a crime..)

voluntary but negligent acts not punishable under criminal law between parties who have no pre-existing contractual relationship