1.1: DEFINITION, ELEMENTS, & SOURCES OF OBLIGATIONS

Negotiorum Gestio, Solutio Indebiti, Others: a) Support given by stranger (Art. 2164); b) Third person bears funeral expenses (Art. 2165); c) Properties saved during calamities (Art. 2168)

3 sections of obligations from quasi-contracts

Active Subject, Passive Subject, Object, Juridical Tie

4 elements of an obligation

Restitution

damage where one returns or restores the thing

contracts

Binding agreements between two or more parties to give or render some service

Acts or omissions punished by law

Criminal liability= Civil obligations

quasi-delict, culpa aquiliana

Fault or negligence causing damage, but not a crime. No pre-existing contractual obligation. Also known as _________

Quasi-Delicts

Negligent acts not punished as crime, but caused damage

quasi-contract

No contract, but obligation exists nonetheless such that no person unjustly enriches themselves at the benefit/expense of another

Juridical Tie

This is known as the vinculum juris (bond of law);

Passive Subject, debtor, obligor

This is the person who must fulfill or perform the obligation; technically speaking, _____ is used in obligations to give, while ______ is used in obligations to do.

Object or Prestation

To give, to do, or to not do (to not give is included in to not do).

Solutio Indebiti

When you receive any payment by mistake, you have the obligation to return it.

Negotiorum Gestio

Whenever someone voluntarily but with no authority takes charge (officious manager) of the abandoned business or property of another, the owner is responsible for the obligations incurred and must reimburse the officious manager for expenses.

obligation

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

Indemnification

collateral damages for injury to other persons or other property

Reparation

damage where if cannot be returned, price of the thing + sentimental value if any

Governed by the Art. 100 of the Revised Penal Code

if you commit a crime, not only will you be punished with imprisonment and/or fine, but you're also civilly liable to the victim for damages.

culpa aquiliana

negligence as a source of obligation

Culpa contractual

negligence in contract obligation.

Law

obligation owed to the state or to the benefit of private persons e.g. Tax Code, Family Code, Labor Code.

obligations derived from LAW (Art. 1158)

obligations that are not presumed; must be expressly determined in the law to be demandable (e.g. 13th mo. & overtime pay)

obligations arising from CONTRACT (Art. 1159)

obligations that have the force of law between the parties. Should be complied with in *good faith.*

Others: a) Support given by stranger (Art. 2164); b) Third person bears funeral expenses (Art. 2165); c) Properties saved during calamities (Art. 2168)

other obligations from quasi-contracts (3 samples)

Active Subject, creditor, obligee

this is the person who has the right to demand an obligation; the two terms are often interchanged now, but technically speaking, ___ is used in obligations to give, while ___ is used in obligations to do.

Juridical Tie

this is the reason that causes an obligation to arise; this creates the legal relationship between the parties, one that is forged in law that grants all the rights and remedies to the parties with respect to the obligation.