2general provisions

7/31/2019 2General Provisions

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TITLE I

OBLIGATIONS

GENERAL PROVISIONS


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Art. 1156. An obligation is a

juridical necessity to give, todo or not to do. (n)


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Concept of Obligation

Juridical necessity to comply with aprestation (Sanchez Roman)

A legal relation established between oneperson and another whereby the latter isbound to the fulfillment of a prestation

which the former may demand of him(Manresa)


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Prestation

The cause of a contract or thepromise of the thing or service of the

other


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Example

If A sells an automobile to B for P100,000:

the cause of the contract (the prestation)

as to A is the promise of B to pay himP100,000

As to B, the prestation is the promise of A

to deliver the automobile.


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Example

A promised to construct a building for B forP1.5 Million as a result of an agreementbetween them.

Before the construction:

A = passive subject

B = active subject

Construction of the building = object orprestation

Agreement = juridical tie/the efficient cause


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Obligations

Civil Obligation

one which has a bindingforce in law, and which gives to the obligeeor creditor the right of enforcing it againstthe obligor or debtor in a court of justice

Natural Obligation one which cannot beenforced by action, but which is binding onthe party who makes it in conscience andaccording to natural law


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Requisites of Obligation

1. Juridical or legal tie

-- which binds the parties to the obligation,

and which arise from either bilateral orunilateral acts of person

2. An active subject

-- obligee or creditor; who can demand thefulfillment of the obligation


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Classification of

obligations Pure and conditional

With a period

Alternative and facultative

Joint and solidary

Divisible and indivisible

With a penal clause


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Classification (Sanchez

Roman)1. As to juridical qualitya. Natural natural law

b. Civil

positive lawc. Mixed

2. As to partiesa. Unilateral & Bilateral

b. Individual and Collective


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Art. 1157. Obligations arise from:

(1) Law;

(2) Contracts; (3) Quasi-contracts;

(4) Acts or omissions punished by law;

and (5) Quasi-delicts. (1089a)


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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 thelaw which establishes them; and

as to what has not been foreseen,

by the provisions of this Book.(1090)


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Art. 1159. Obligations

arising from contracts havethe force of law between the

contracting parties and

should be complied with ingood faith. (1091a)


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Contract

Meeting of the mind between two personswhereby one binds himself with respect to

the other, to give something or to rendersome service

Consensual vs real contract


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Quasi-Contracts

Those juridical relations arising from lawful,voluntary and unilateral acts, based on theprinciple that no one shall be unjustlyenriched or benefited at the expense ofanother

E.g. negotiorum gestio and solutio indebiti


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Negotiorium Gestio

Juridical relation which arises whenever aperson voluntarily takes charge of the agencyor management of the business or propertyof another without any power or authorityfrom the latter


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Solutio Indebiti

Juridical relation whenever a person undulydelivers a thing through mistake to anotherwho has no right to demand it.


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Requisites

. There is no right to receive the thingdelivered

The thing was delivered through mistake


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Rules:

Every person liable for a felony is alsocivilly liable (Art. 100, Revised Penal code)

Every crime has dual aspect: criminal andcivil


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Scope of Civil Liability

Restitution

Reparation of damage caused Indemnification for consequential

damages


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Enforcement of Civil

Liability When a criminal action is instituted, the civil

action for recovery of civil liability arisingfrom the offense charged is impliedlyinstituted with the criminal action, unless theoffended party expressly waives the civilaction or reserves his right to institute it

separately or institutes the civil action prior tothe criminal action


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Independent Civil action

In cases provided in Articles 31, 32, 33, 34 and2177, an independent civil action entirelyseparate and distinct from the criminal actionmay be brought by the injured party duringthe pendency of the criminal case; requiresonly preponderance of evidence


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Quasi-delicts versus Crimes

Crimes affect public interest; quasi delictsare only of private concern

Penal code punishes or corrects thecriminal act; Civil code merely repairs thedamages incurred through indemnification

Crimes are not as broad as quasi-delicts;the latter include all acts in which any kindof fault or negligence intervenes


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In crime, there are generally two liabilities;in quasi-delict, there is only civil liability

Criminal liability cannot be compromised;civil liability can be compromised

In crime, the guilt of the accused is to beproved beyond reasonable doubt; in quasi-

delict, it needs to be proved only bypreponderance of evidence


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