123 Ok

Topics: Contract, Debt, Law Pages: 17 (3869 words) Published: February 4, 2013
Comprehensive Reviewer
Bryan D. Bohol
Article 1156. An obligation is a juridical necessity to give, to do or not to do. Comment:
(1)     Elements of a obligation
(a)     Active subject (oblige or creditor) – person who has the right in the fulfillment of the obligation.(Paras, Civil Code) (b)     Passive subject (obligor or debtor) – person who has the duty or obligation to do, to give or not to do.(ibid) (c)     Prestation or Object – it is the subject matter of the obligation. (ibid) (d)     Efficient cause – it is the reason why the obligation exist (ibid) (2)     Example

 A promises to give his only car to C as a result of agreement.  
(In this case, A is the passive subject; C is the active subject; the car is the Prestation; the agreement is the efficient cause.)  
Article 1157. Obligations arise from
(1)     Law
(2)     Contracts
(3)     Quasi- contracts
(4)     Acts or omissions punished by law and
(5)     Quasi – delicts.
[Note: No obligation exists if its source is not one of those enumerated under article 1157. (Civil Code)]  

Article 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this book.

(1)     Obligations arising from law or obligations Ex Lege  
(a)     Examples
1)  The duty of the Father to support his family
2)  The duty to pay taxes
(2)     Obligation arising from law is not presumed
Meaning the obligation must express clearly or implied clearly set forth in the law.  
Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.  
(1)     Obligations Ex-Contractu
Even if the obligations arising from contracts have the force of law between the parties, the law must be superior to contracts. This is because before an obligation to be enforced, the contract must first be valid. Therefore, there can be an obligation arising from contract as long as the contract is not contrary to law, morals, good customs, public order, and public policy.  

(2)     Distinguish Contract and Obligation
There can be an obligation even if there is no contract but there will be no contract if there is no obligation.  

Article 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book.  
(1)     Definition of Quasi-Contract
It is a 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 shall be unjustly enriched or benefited at the expense of another.(Civil Code)  

(2)     Two Principal Kinds
(a)     Negotiorium Gestio (unauthorized management) – This arises when a person voluntarily take charge to a property without the authority of the owner. (Example: The cat of Mr. A was feed by Ms. B while he was on vacation without his knowledge. Here the obligation to reimburse Ms. B arises even if Mr. A did not authorize Ms. B because no one shall be benefited at the expense of another.) (b)     Solutio Indebiti (undue payment) – This arises when something is received when there is no right to demand and it was delivered through mistake. (Example: If a vendor give me change of P80.00 instead of P60.00, I have an obligation to return the extra P20.00)  

(3)     Is a quasi-contract an implied contract?
ANS.: No, because in quasi-contract there is no meeting of minds.  

Article 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2,...
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