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3 Obligation Kinds Sources

This document defines and explains the different types of obligations under Philippine law, including civil, natural/moral, and juridical obligations. It outlines the essential requisites of an obligation, and discusses the main sources of obligations which include law, contracts, quasi-contracts, acts or omissions punishable by law, and quasi-delicts. Various civil code articles are cited which further explain these concepts and how they give rise to legally enforceable obligations.

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Pearl Nathalie S. Pabalan
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28 views17 pages

3 Obligation Kinds Sources

This document defines and explains the different types of obligations under Philippine law, including civil, natural/moral, and juridical obligations. It outlines the essential requisites of an obligation, and discusses the main sources of obligations which include law, contracts, quasi-contracts, acts or omissions punishable by law, and quasi-delicts. Various civil code articles are cited which further explain these concepts and how they give rise to legally enforceable obligations.

Uploaded by

Pearl Nathalie S. Pabalan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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OBLIGATIONS

Chapter I
KINDS OF OBLIGATION
• CIVIL OBLIGATION – • Natural and Moral
condition of being obligation – condition of
bound legally. being bound ethically or
morally.
“A person is subject to
penal sanction by law “ A person will be held
for non-performance of accountable by the
his obligation” other party in particular
and by the people in his
community in general”
Obligation
• Juridical necessity – legally
• Art.1156 – enforceable
An obligation • To give – physical thing is required
is a juridical to be given
• To Do – personal positive obligation
necessity to
to perform something for others
give, to do or • Not To Do – personal negative
not to do obligation to refrain or not to do
something to others
Essential Requisites of an Obligation
• Juridical tie or vinculum – efficient cause w/c
binds the party
• The prestation – subject matter
• The active subject – who can demand the
performance. – creditor obligee
• The Passive subject – who must perform or fulfill
the obligation – debtor or obligor
Requisite of prestation
• Must be possible physically or legally
• Must be definite or determinate as to his kind
or specie
• Must be capable of pecuniary estimation
Art.1157 – Sources of Obligation
1. Law - 1158
2. Contracts - 1159
3. Quasi-contracts - 1160
4. Acts of Omissions punishable by law
-1161
5. Quasi – delicts - 1162
Art. 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 establish them; and as to what
has not been foreseen, by the
provisions of this book
Art. 1158 explain
• Law – the first source of obligations
• Cannot be presumed
• Obligation from Civil Code are demandable
and enforceable
• Non-compliance shall be liable to penal
sanctions
• “Ignorance of Law excuses no one”
Art. 1159
• Obligations arising from contracts have the
force of law between the contracting parties
and should be complied with in good faith
Art. 1160
• Obligations derived from quasi-contracts shall
be subject to the provisions of Chapter 1, Title
XVII, of this book

--premised on the maxim


“No one shall enrich himself at the expense of
another”
Art. 1160
• A quasi contract is an agreement between two
parties without previous obligations to one
another that has been created and legally
recognized by the court system. Under a quasi-
contract, neither involved party is expected to
create such an agreement; this contract is
arranged and imposed by a judge to correct a
circumstance in which one party acquires
something at the expense of the other party.
Art. 1160
• Requirements
• Certain aspects must be in place for a judge to issue a
quasi contract. One party – the plaintiff – must have given
a tangible item or a service to another party, the
defendant, with an expectation/implication that payment
would be given. The defendant must have accepted or
acknowledged receipt of the valuable thing but did not
make any effort or offer to pay. Then, the plaintiff must
express why it would be unjust for the defendant to
receive the thing of value without paying for it, so the
defendant received unjust enrichment.
Art.1161
• Civil obligations arising from criminal offenses
shall be governed by the penal laws, subject to
the provision of Art.2177and of the pertinent
provision of Chapter 2, Preliminary Title, on
Human Relation and of Title XVII of this Book,
regulating damages.

--- restitution, reparation, indemnification


Delict
• Delict is a wrongful act or omission by one person
giving rise to a claim for compensation to other.
Delict is a civil wrong where another party’s interest
is infringed that is wrongful regardless of any
previous contractual undertaking to refrain from it,
although there was one. In such situation, the
injured party is entitled to claim compensation in
civil proceedings and in criminal proceedings it may
result in the punishment of the wrongdoer. In
Roman law, this is termed as delictum.
Delictual elements that have to be satisfied
before a claimant can be successful are:
• Conduct - which may consist of either a commission (positive action) or an omission (the
failure to take required action), though liability for an omission will arise only where there is a
duty to act.
• Unlawfulness - the conduct complained of must be legally reprehensible. This is usually
assessed with reference to the legal convictions of the community.
• Fault - save in limited cases where liability is 'strict' (i.e. where neither intention nor
negligence is required for liability) once the wrongfulness of the conduct is established, it is
necessary to establish whether the person being sued acted intentionally or negligently,
either of which is sufficient for liability to attach.
• Damage - finally the conduct must have resulted in some form of loss or harm to the claimant
in order for them to have a claim. This damage can take the form of patrimonial loss (a
reduction in a person's financial position, such as is the case where the claimant incurred
medical expenses) or non-patrimonial damages (damages that cannot be related to a person's
financial estate, but compensation for something like pain and suffering).
• Causation - the conduct that the claimant complains of must have caused damage, in this
regard both factual causation and legal causation are assessed. The purpose of legal causation
is to limit the scope of factual causation, if the consequence of the action is too remote to
have been foreseen by an objective, reasonable person the defendant will escape liability.
Art. 1162
• Obligation derived from quasi-delicts shall be
governed by the provision of Chapter 2 Title
XVII of this book and by speciancl laws

---fault or negligence must be from spontaneous


act
---no intent t commit injury or damage by the
offender
Quasi delict
•  It refers to a negligent act or omission which causes
harm or damage to the person or property of another,
and thus exposes a person to civil liability as if the act
or omission was intentional. It is a residuary category
of private wrongs, characterized by either vicarious or
strict liability. In quasi delicts the law creates a liability
though the defendant may not in fact be to blame.
• A quasi-delict is a wrong which occurs unintentionally,
as a result of something like negligence, where as a
true delict requires intentional action. Thus, someone
who commits murder has committed a delict, while
manslaughter would be an example of a quasi-delict.

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