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.
