198853914 Obligations And Contracts Hector De Leon Reviewer
OBLIGATIONS AND CONTRACTS by: Hector S. de Leon
Obligation – is a JURIDICAL NECESSITY to give, to do or not to do (a.115)
Wrong/ Cause of Action – ACT OR OMISSION of one party in violation of the legal right(s) of another, causing injury to the latter. Example: breach of contract
“Obligatio” – Latin word meaning tying or binding
“Obligation is a LEGAL RELATION established between one party and another whereby the latter is bound to the fulfillment of a PRESTATION (the conduct which has to be observed by the Debtor/Obligor) which the former may demand from him
Juridical Necessity – in case of non-compliance the courts may call upon to enforce its fulfillment or, the economic value it represents.
Damages – represents the SUM OF MONEY given as a compensation for the injury or harm suffered by the creditor/oblige for the violation of his rights.
Creditor or Obligee – he who has the RIGHT TO THE
PERFORMANCE of the Obligation.
Debtor or Obligor – he who has the Obligation to comply otherwise shall be visited by Harmful/ Undesirable Legal
Consequences
NATURE OF OBLIGATIONS (CC):
1. Civil Obligations – obligations which give to the creditor/obligee a RIGHT OF ACTION in courts of justice to enforce their performance.
2. Natural Obligations –
NOT based on Positive Law (Law recognized by gov’t authority); but on EQUITY and NATURAL LAW
(derived from nature and binding upon society);
does NOT grant a Right of Action to enforce their performance; if voluntary fulfillment by debtor, cannot recover what has been delivered
ESSENTIAL ELEMENTS OF THE CAUSE OF ACTION:
1. Essential Elements:
a. There is a LEGAL RIGHT in favor of a person
b. There is a LEGAL OBLIGATION on the part of another
c. There is an ACT or OMISSION in breach or violation of the said right by the defendant
(one being sued in civil action or prosecuted in a criminal action) with consequential injury or damage to the plaintiff (one who brings an action at law) for which he may maintain an act
Obligation – is a JURIDICAL NECESSITY to give, to do or not to do (a.115)
Wrong/ Cause of Action – ACT OR OMISSION of one party in violation of the legal right(s) of another, causing injury to the latter. Example: breach of contract
“Obligatio” – Latin word meaning tying or binding
“Obligation is a LEGAL RELATION established between one party and another whereby the latter is bound to the fulfillment of a PRESTATION (the conduct which has to be observed by the Debtor/Obligor) which the former may demand from him
Juridical Necessity – in case of non-compliance the courts may call upon to enforce its fulfillment or, the economic value it represents.
Damages – represents the SUM OF MONEY given as a compensation for the injury or harm suffered by the creditor/oblige for the violation of his rights.
Creditor or Obligee – he who has the RIGHT TO THE
PERFORMANCE of the Obligation.
Debtor or Obligor – he who has the Obligation to comply otherwise shall be visited by Harmful/ Undesirable Legal
Consequences
NATURE OF OBLIGATIONS (CC):
1. Civil Obligations – obligations which give to the creditor/obligee a RIGHT OF ACTION in courts of justice to enforce their performance.
2. Natural Obligations –
NOT based on Positive Law (Law recognized by gov’t authority); but on EQUITY and NATURAL LAW
(derived from nature and binding upon society);
does NOT grant a Right of Action to enforce their performance; if voluntary fulfillment by debtor, cannot recover what has been delivered
ESSENTIAL ELEMENTS OF THE CAUSE OF ACTION:
1. Essential Elements:
a. There is a LEGAL RIGHT in favor of a person
b. There is a LEGAL OBLIGATION on the part of another
c. There is an ACT or OMISSION in breach or violation of the said right by the defendant
(one being sued in civil action or prosecuted in a criminal action) with consequential injury or damage to the plaintiff (one who brings an action at law) for which he may maintain an act