Galang, Leigh Nicole S. Pamantasan ng Cabuyao 1 BSA - A Good Day Atty. Reyes! After watching your video, I learned that in obligations there is a set of rights, the right of debtor and the right of creditor. I was enlighten by your discussion and I know that this is not enough because we have a lot to know and experience. I also learned and understand the meaning of juridical necessity the four requisites of an obligation, the kinds of obligation, the real obligation and the personal obligation. I have also learned that obligation arises from law, contracts, quasi-contracts, delicts, and quasi-delicts. Thank you for the knowledge Attorney!
Thank you for the compact recoded discussion, attorney. It really helped a lot for me to understand the texts in the book. The very thing that I remembered the most is "Article 1165 states that an obligation is a juridical necessity to give, to do, or not to do." That gave me the "Ahhhh" moment, when I realized why your channel was named like that. An obligation "to give" means that there is delivery of a thing; "to do" means performance of something; and "not to do" is the prohibition of doing an act, and this also includes "not to give". In total, there is only two sources of obligation: the law and contracts; the other three: delicts, quasi-delicts, and quasi-contracts, are already included in the "law". The requisites of an obligation are: passive subject (debtor), active subject (creditor), object or prestation (subject matter), and juridical or legal tie (efficient cause).
Alindogan, Genevieve M. 1BSA-A Thank you for this video, Atty. This video really helped me to deeply understand the topics. It explained the article 1156, wherein it stated the definition of an obligation. An obligation is a juridical necessity to give, to do or not to do. Obligation means that one is bound to render something to another. This video answered my question before, why an obligation is a juridical necessity. I found out that it is because an obligation must be fulfilled or performed, otherwise there will be a corresponding penalty for non-compliance. Means that if an obligation was violated then it gives the other party a remedy to go to court and ask for a particular relief. That also means he can evoke the power of the court to order the other party to comply with the obligation. I knew the different prestation and its corresponding definition. To give means the delivery of something, to do means the performance of an act, and not to do, it is the prohibition not to perform a certain act. In this video, I learned that the obligation not to give is actually included in the obligation not to do. I also took in the requisites of obligation. These are the following: 1. Passive subject- it is the party which is bound to perform the obligation - it is the debtor in obligation 2. Active subject- it is the one who is interested in the performance of an obligation. 3. Juridical/Legal tie- Is what binds or connect the parties. It is the efficient cause. This is the legal relationship between the parties. 4. Object- It is the subject matter in an obligation. It may consist in giving, doing or not doing. In addition to this, the kinds of obligation: Real obligation and personal obligation. Real obligation (consists of an obligation to give) involves delivery of something while the personal obligation (consists of an obligation to do) involves rendering some service. Positive Personal Obligation- do to Negative Personal Obligation- not to do Moreover, Article 1157. This article stated that an obligation arise from: 1. Law 2. Contracts 3. Quasi-contracts 4. Acts or omissions punished by law; and 5. Quasi-delict These are the sources of an obligation: Law- defined as a rule of conduct, just an obligatory, promulgated by a competent authority, for the common observance and benefit. Contracts- These are the agreements. These are covenants entered into by private individuals. Quasi-contracts- It is not a contract but there exist juridical relation resulting from what is called LUV: L-awful U-nilateral V-oluntary Acts 2 kinds of Quasi-Contracts Negotiorum Gestio- voluntary; without consent Solutio Indebiti- payment by mistake, received by mistake, return to the owner Acts or omissions punished by law- if you have committed certain acts or you refuse to perform a certain act which is required to be done by the law then you commit criminal offense. Criminal offense shall governed by laws which is also a source of an obligation. Quasi-delict-obligations arising from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exist between the parties. Article 1158. Only those obligations which are expressly provided by the law are demandable. Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Compliance in Good faith- performance according to terms of contract between parties. Article 1160. Obligations arising from contracts. Article 1161. Obligations arising from crimes. ALL CRIMINAL VIOLATION HAS A CORRESPONDING LIABILITIES Scope of liability Restitution- returning the value of something lost/stolen Reparation- paying damages caused Indemnification for consequential damages- paying other damages Article 1162. Obligations arising from quasi-delict. Requisites of quasi delicts Fault or negligence- direct relation Act or omission- no pre-existing contract Damage caused- no pre-existing contract Direct relation of cause and effect between the act or omission and the damage Criminal Liability- fine/imprisonment Civil- form of restitution/returning the value Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. If the obligation consist of delivery of a specific thing then, the law imposes a diligence of a good father. Diligence of a good father- it is borrowed from the Roman Law Concepts wherein only men can enter in a contract in the society) - It is the default care Incidental duty- that duty comes with it If a person who is obliged to give something and not obliged of that object then the obligation will be rendered nugatory. Extraordinary care. It is the highest standard of care observed by the common carriers(public utility vehicles) Specific/Determinate thing- it has a sufficient particularity and cannot be substituted when lost Generic/Indeterminate thing- class or genus and can be substituted. This article will apply only incase that the object to be delivered is a determinate thing. Article 1164 - Real right is what acquired upon delivery, while ownership is transferred from the perfection of the contract. DIFFERENT KINDS OF FRUITS Natural fruits- spontaneous products of soil, and the young and other product of animals. - product without the intervention of human labor Industrial fruits- produced by land through cultivation of labor Civil fruits- derived by virtue of a juridical relation Article 1165- Only apply for determinate thing. Article 1166- Accessions- fruits of a thing - not necessary to the principal thing - Accessories- things included with the principal thing - Civil law principle: Accessory follows principal Article 1167- If a person obliged to do something fails to do it, the same shall be executed at his cost. Article 1168- In an obligation not to do, the duty of the obligor is to abstain from an act. Article 1169- NO DEMAND, NO DELAY Article 1170 Grounds for liability: Fraud(Deceit or dolo)- Intention evasion of the normal fulfillment of an obligation 2 types of fraud Incidental fraud(dolo incidente) Causal fraud(dolo causante) Negligence(fault/culpa)- It is any voluntary act or omission, there being no bad faith or malice Delay(mora)- Failure to perform an obligation on time which failure constitutes an obligation Contravention of the terms of the obligation- This is the violation of the terms and conditions stipulated Article 1171- Waiver of action for future fraud void- it allows the performance of fraud in the side of the debtor. Waiver of action for past fraud valid- it is an act of generosity and magnanimity from the part of the creditor. Article 1172- Validity of waiver of action arising from negligence- it is the standard of care, the ordinary care, the diligence of a good father of a family.
Good day Atty. Thank you for this very informative lecture. Here are my takeaways after watching the lecture. Article 1156 states that an obligation is a juridical necessity to give, to do, or not to do. Hence, one is bound to render something to another. Also, an obligation is a juridical necessity because it must be fulfilled otherwise, there will be a corresponding penalty for non-compliance. Furthermore, the requisites of obligation include the passive subject (debtor/obligor), active subject (creditor/obligee), juridical tie (binds or connect parties), and object or prestation (subject matter of the obligation). Article 1157 indicates the sources of obligation and these are: law, contracts, quasi-contract, acts or omissions punished by law, and quasi-delicts. Article 1158 states that only those obligations which are expressly provided by law are demandable. Article 1159 talks about a contract having a force of law and that all essential elements are present. In case of breach or violation of a contract, the aggrieved party can go to court and seek for redress of his grievances. Article 1160 states that quasi-contracts are a juridical relation resulting from lawful, unilateral, and voluntary acts (LUV). There are two kinds of quasi-contract and these are: negotiorum gestio (voluntary, without consent) and solutio indebiti (payment by mistake or when something is received when there is no right to demand) Article 1161 states that criminal offenses shall be governed by penal laws. Article 1162 talks about quasi-delicts as damages arising from tort which is not amounting to a crime. The requisites of quasi-delicts include fault or negligence (direct relation), act or omission (no pre-existing contract), damage caused (no pre-existing contract). Article 1163 talks about the standard care or the diligence of a good father of a family that must be observed if the obligation consists of the delivery of a specific thing. Extraordinary care, on the other hand, is the highest standard of care observed by the common carriers and banks. Moreover, things are classified as specific or determinate (cannot be substituted if it has been lost) and generic or indeterminate (class or genus, and it can be substituted because genus never perishes - genus nunquam perit). Article 1164 states that real right is what acquired upon delivery, while ownership is transferred from the perfection of the contract. Fruits are classified as natural fruits (spontaneous product of soil and young of the animals, without the intervention of human labor), industrial fruits (produced by land through human cultivation or labor), and civil fruits (derived by virtue of juridical relation). Article 1165 talks about the general rule that if the thing is lost or destroyed due to a fortuitous event the obligation is extinguished except if the obligor delays or has promise to deliver the same thing to two or more persons of different interest, and if the thing is generic or indeterminate. Moreover, accessions and accessories are distinguished. Accessions refer to the fruits or additions or improvements while accessories are the things included to the principal for better use or completion. Article 1166 states that accessory follows the principal. Article 1167 talks about the breach of a personal obligation. Article 1168 states that when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1169 is all about the concept of no demand, no delay. The exceptions are when the obligation or law so provides, when time is a controlling motive, and when demand would be useless. Furthermore, kinds of delay include mora solvendi (fault of the debtor), mora accipiendi (fault of the creditor), and compensatio morae (fault of both debtor and creditor). Article 1170 includes the 4 grounds of liability and these are: 1. Fraud (deceit or dolo) a. Dolo Causante (causal fraud) b. Dolo Incidente (incidental fraud) 2. Negligence (fault or culpa) 3. Delay (mora) 4. Contravention of the terms of the obligation. Article 1171 states that responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. Article 1172 indicates the kinds of negligence according to the source of obligation and these are: contractual negligence (culpa contractual), civil negligence (culpa aquiliana), and criminal negligence (culpa criminal) Article 1173 states that if the contract is silent, the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required except if the thing is a genus and if the thing needs an extraordinary care. Article 1174 indicates the requisites of a fortuitous event and these are: (1) independent of a human will or at least of the debtors will, (2) the event could not be seen, or if foreseen, is inevitable, (3) impossible for the debtor to comply with his obligation in a normal manner, and (4) there is no concurrent negligence on the part of the debtor. Article 1175 states the requisites of recovery of interest and these are: payment of interest expressly stipulated, written agreement, and the interest must be lawful. Article 1176 states that the presumption will be only applied if the prior installments have been paid and only if the receipt indicates which month the payment is being made for. Article 1177 talks about the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims. These include the exact fulfillment with the right to damages, pursue the debtors leviable property, exercise all the rights and bring all the actions of the latter for the same purpose, and impugn the acts. Article 1178 states the general rule that all rights are transmissible except if it is prohibited by law, and prohibited by the stipulation of the parties.
AMBUBUYOG, MILLIEZEL V. BSBA HRM - 3B Although the video is too long to be watched, Sir Reyes really explained it well. Oblicon opened my eyes to the good side of law. I was able to understand the different rights we have and the circumstances wherein we could benefit from them. In this video, I also learned that the Business Law Obligation and Contract refers to what is legally required of each of the parties involved in a contractual agreement. The law requires individuals who enter into legal agreements to uphold their end of the contract. In business contracts and other types of contracts, one party has the right to pursue legal action against the other if he or she breaches the agreement. Thank you Sir! More power po!!!😇
Thank you for the lecture, Atty. These are things that I’ve learned after watching this video, “Article 1156 an obligation is a juridical necessity to give, to do or not to do.” To give means to deliver of something, to do means to perform an act and not to do is the prohibition of not to perform a certain act though the obligation not to give was not included in the definition provided by law, to give is actually included in the obligation not to do. Obligation is bound to render something to another that means obligations must be performed otherwise there will be corresponding penalty. These are the Requisites of obligation Passive Subject the debtor, Active Subject the creditor, Juridical Tie this is legal relationship that binds both parties and last is the object this is the subject matter in the obligation. Under Article 1157 in this civil code there are several sources of obligation or where the obligation arises first is the Law, second is Acts or Omissions punished by Law, third is Contracts, next is Quasi-contracts or no contract ad last is Quasi-Delicts means arises from damages. Quasi-Contracts has two types the first one is the Solutio Indebiti which means received by mistake and the other one is Negotiorum Gestio it’s voluntary it takes charge of the property of another. In Article 1158 only those obligations which are expressly provided by law are demandable which means that if a particular act has not been ordered by law or has not been expressly provided by law then such an obligations is not presumed to exist which means if it is not included or promulgated as a law there’s no obligation at all. Under Article 1161 Criminal offenses shall be governed by penal laws. Every crime or all criminal violations has a corresponding civil liabilities or what they called Criminal Liability which pertaining to imprisonment. Under Article 1163 It is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. Diligence of a good father of a family was borrowed in the Roman law concept which means only men can enter to a contract in the society. Under Article 1164 Real right is what acquired upon delivery, while ownership is transferred from the perfection it is an incidental duty to preserve a thing of the contract. There are 3 types of fruits first is the natural fruits it is spontaneous products of soil and young of the animals without the intervention of the human labor, second is the industrial fruits produced by land through human cultivation or labor and last is the civil fruits it’s derived by virtue of juridical relation. Under Article 1170 there are 4 Grounds of Liability, first Fraud (deceit or dolo) it’s deliberate or intentional evasion of the normal fulfillment of an obligation under this it has two Dolo causante (causal fraud) and Dolo incidente. Next is Negligence (fault or culpa), third is Delay (mora) and last is Contravention of the terms of the obligation covers all form of violation. Article 1172 kinds of negligence according to source of obligation, Contractual negligence (culpa contractual), Civil negligence (culpa aquiliana) and Criminal negligence (culpa criminal) imprisonment and payment of damages is the punishments. ABAJA, MARY RENE D. BSBA- HRM3A
Lucaba, Glenda Angela N. 1BSA-A First and foremost, I would like to thank and acknowledge the effort of Atty. Reyes for creating this video and letting everyone in this community like us, to learn what is Law on Obligations and Contracts is all about. Upon watching this video, I learned how broad obligations take part in our law specially when it stresses the duty of the obligor in its fulfillment. I learned that when someone binds himself to someone, do something unlawful and even because of his negligence, he should comply and follow what has been ordered whether he likes it or not because in case of non compliance, there will be a corresponding penalty like having to pay for damages, or worse imprisonment. Article 1156 has a profound influence in every one of us even in the things we never thought would be, or already is our obligation. One of the topics that really caught my mind is where obligations arise from, I learned that there is really no exemption in the law, whatever we do publicly, privately, or even between parties, we should be responsible and be mindful because there will always be a punishment if we seek to take advantage of the things or people that we shouldn't be. People sometimes forgot how to act in accordance with the law, but this video really helps in educating everyone not just students, to be knowledgeable and aware about our duties in our self, in the community and in our country. I also learned that the fulfillment of an obligation always comes within the diligence of a good father. A person is not just obliged to comply with his duties but also to take of the object with standard or extraordinary care according to the agreed stipulation. Besides, an obligation to fulfill with the diligence of a good father should always be specific and not generic or else it will be unconsiderable, however a fortuitous event will not exempt the obligor from the obligation specially when the object is generic. Aside from that, in a contract of sale when it is already perfected, the accessions, accessories, and fruits should always follow the principal even when it is not stated in the contract. In conclusion, I honestly learned a lot from this video and what I think is the greatest thing it did to a student like me is the realization of how our law works along with its conditions, rest assured that all of our learnings in this video will always be kept in our minds and heart. Thank you again, Atty!
Ortega, Annaztacia 1BSA-A Thank you atty. Actually I watched your videos 4 times to be able to fully understand. I've learned a lot from your videos starting from the Introduction to Law so I write a summary of the lesson. Under Article 1156, the definition of obligation is a juridical necessity to give, to do, or not to do. The obligation not to give was not included in the definition provided by the law. There are requisites of obligation, the passive subject which are the debtor and active subject which are the creditor. The passive subject is the person who is bound to performed obligation while the active subject is the one interested in the performance of the passive subject. The third requisites is the juridical tie which binds or connect the parties and the last is the object, it is the subject matter. There are also kinds of obligation, a real obligation involves the delivery of something to another person while personal obligation involves rendering some service. Under the civil code and article 1157, there are several resources of obligation. The obligation arises from law, acts or omissions punished by law, contracts, quasi-contracts, and quasi-delicts. Under 1158, not only those obligations which are expressly provided by law demandable which means that in particular act has not been ordered by law or has not been expressly provided by law then such obligation is not presume to exist. Under 1160, in quasi-contracts it is a juridical relation resulting from lawful, unilateral, and voluntary act. There are two kinds of quasi-contracts which are the negotiorum gestio means that voluntary or without consent, and solutio indebiti which means that receive by mistake, or return to the owner. Under article 100 of the revised Penal Code in every crime, all criminal violations has a corresponding civil liabilities. Under 1162, Civil liabilities includes restitution, reparation, and indemnification. There are also requisites of quasi-delicts which are the fault or negligence, act or omission, and damaged caused. Under the article 1163, it is an accidental duty to preserve a thing with ordinary care (diligence of the good father of the family) to ensure the delivery of an obligation and prevent negligence of the debtor. Under 1164, the obligation to deliver fruits arises when the time of the perfection of the contract, obligation is subject to suspensive condition, contract of sale, and from law, quasi-contracts and delics. There are natural fruits, industrial fruits, and civil fruits. Under the article, there are personal right that enforceable against particular person and real right enforceable directly against the world. There are also 3 essential requisites on the perfection of contracts under the article 1164, these are the consent, object, and payment of consideration. Under 1165, there are remedies of creditor in real obligation, the specific real obligation that can demand payment of damage, and general real obligation can be performed by third person and can recover damage in case of breach. The general rule of article 1165 is that if the thing is lost or destroyed due to fortuitous event the obligation is extinguished. There are also exceptions in this general rule, it is the delay, promise to deliver the same to 2 or more persons of different interest, and generic thing. Under 1166, there are accessions that pertains to fruit or additions or improvements while accessories pertains to the principal for better us or completion. Under article 1167, this article is about the breach of a personal obligation and under the 1168, when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Under 1169, it is the no demand, no delay. There are two distinctions, the ordinary delay which is the failure to perform an obligation on time, there is no punishment while legal delay it results to breach of contract. There are also kinds of delay it default, these are the moral solvendi which the fault of the debtor, mora accipiendi which the fault of the creditor, and the compensatio morae which both have. Under the article 1170, there are 4 grounds of liability, these are the fraud (deceit or dolo), negligence (fault or culpa), delay (mora), and contravention of the terms of the obligation-covers all form of violation. And under the article 1171, responsibility arising from fraud is demandable in all obligations, any waiver of an action for future fraud is void. These are the waiver for future fraud is void, waiver for past fraud is valid, and waiver arising from negligence is valid. Under 1172, there are kinds of negligence according to source of obligation which are the contractual negligence (culpa contractual), civil negligence (culpa aquiliana), and criminal negligence (culpa criminal). Under the article 1173, if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. And lastly, under 1174, the general rule is that obligation is extinguished if the loss of the thing is due to a fortuitous event. Under 1175, there are also requisites of recovery of interest which are the payment of interest is expressly stipulated, written agreement, and the interest must be lawful. Under 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments. Under the article 1177, there are remedies available to creditors for the obligation. Under article 1178, the general rule is all rights are transmissible. That's all.
Alburo , Laurice jane BSA 2A This discussion starts from article 1156 to 1178 summary of my learning article 1156- 1160 discussed about definition of obligation, its requisites ,kinds and sources 1160-1165 tackled about crimes , its difference to quasi delics. understanding what is the standard care to be observe and object as a specific and determine thing also real and personal right. understanding the civil law principle . and then the obligation to deliver fruits , what is fruits its kinds . what specific and generic obligation can demand. knowing what id accesions and accessories. also the general rule and its exemption 1166-1178 intoduce me about breach of contract topics that underlies with it, throughout this article I've encountered interesting latin words that related to the topics specially in kinds of delay and the rest . i also learned that topics of obligation have their exception.. thank you sir this is a very good introduction to law on obligation u made it smooth and not hard to comprehend, we hope it stays this way.
Dacillo, Mia France 1BSA-A Thank you, Attorney. For making a video to fully understand what the law of obligation and contract is. I’ve learned that in Article 1156. An obligation is a juridical necessity to give, to do, or not to do. when you say obligation that means that you are bound to render something to another. Juridical necessity means that obligation must be fulfilled or performed otherwise there will be a corresponding penalty for non-compliance. The obligation not to give was not included in the definition provided by law. There are requisites of obligation, the passive subject, active subject, juridical tie, and object. The presence of a passive subject or debtor is the party which is bound to perform the obligation. On the other hand, the active subject or the creditor in an obligation is the one who is interested in the performance of the obligation. The juridical tie, the juridical tie is what binds or connects the parties this is the legal relationship between the parties know what connects the parties together is what we call the juridical ties. The last requisite of an obligation is the object, the object is the subject matter in an obligation. There are different kinds of obligations it is real and personal, the real obligation consists of an obligation to give, while the personal obligation consists of an obligation to do or not to do. In other words, a real obligation involves the delivery of something to another person, while a personal obligation involves rendering some service. Under Article 1157, there are several sources of obligation, the obligation arises from law, acts or omissions punished by law, contracts, quasi-contracts, and quasi-delicts. Under Article 1158, only those obligations which are expressly provided by law are demandable which means to say that if a particular art has not been ordered by law or has not been expressly provided by law then such obligation is not presumed to exist. Under Article 1159, a Contract has the force of law as long as all the essential requisites of a contract are present. As long as all the essential requisites for its validity that it has the force and effect of law. In case a contract is violated or breached then the aggrieved party can go to court and seek for redress of his grievances. The concept of compliance in good faith, it says that in relation to contracts that means you have to perform obligation according to the terms and conditions of the contract. In article 1160, In quasi-contracts is not a contract but there exists a juridical relation resulting from what it called a luv. Lawful, Unilateral, and Voluntary Act. There are two kinds of quasi-contract, negotiorum gestio means voluntary without consent, and solutio indebiti means received by mistake, return to the owner. Under article 1161, civil liabilities it can be in a form of restitution means you have to return the property stolen, or in case that the property is no longer available, or the property is considered as loss then it will just have to pay or return for the value of the property. Under Article 100 of the revised penal code every crime, all criminal violations have a corresponding civil liability. Under Article 1162, quasi-delicts are damages to another person without a contract. There are requisites of quasi-delicts which are the fault or negligence, act, or omission, and damage caused. Also, there is a comparison between crime and quasi-delicts. Crime may involve intention while quasi-delict it’s the source of criminal liability is negligence. Under article 1163, it is an accidental duty to preserve a thing with ordinary care or with the diligence of the good father of the family, to ensure the delivery of an obligation and prevent negligence of the debtor. Under article 1164 the rights of the creditor to the fruits. Where real right is a right to use to prevent others from using it, will be acquired upon the delivery, meaning the right that has when they give birth to a contract it is only. personal right is a right to make someone perform some act or prevent someone from performing it. The ownership is transferred at the time when the terms and conditions of their agreement have been perfected. There are also 3 essential requisites on the perfection of contracts under article 1164, these are consent, object, and payment of consideration. In article 1165 it talks about the remedies of the creditor in real obligation, states that the creditor has granted a right or power to compel the debtor to make delivery. But it cannot use violence and force it must bring to the court so that the court will be the one to order the delivery. Under article 1166 “accessories follow the principal” means all accessions and accessories are considered to be included in the obligation to deliver in a determinate thing although they may not have been expressly mentioned this is because of the principle that accessory follows the principal. In article 1167 it is about the breach of a positive personal obligation and article 1168 is about the breach of a negative personal obligation. Under article 1169 “no demand no delay”. There are three kinds of delay such as mora solvendi, mora accipiende and compensation morae. No delay at negative personal obligation means obligation not to do, if he did it, still no delay but an only violation. Under article 1170, there are 4 grounds of liability, these are fraud (deceit or dolo), negligence (fault or culpa), delay (mora), and contravention of the terms of the obligation-covers all form of violation. Under article 1171, fraud a waiver for future fraud is void while in past fraud it is valid. Under article 1172, Negligence a waiver on negligence is valid the standard of care is ordinary care or proper diligence of a good father of the family, refers to culpa contractual. Under article 1173, if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. And lastly, under 1174, the general rule is that obligation is extinguished if the loss of the thing is due to a fortuitous event. Under article 1175, requisites of recovery of interest which there must be are the payment of interest is expressly stipulated, written agreement, and the interest must be lawful. Under article 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments. Under article 1177, there are remedies available to creditors for the obligation. Under article 1178 states that all rights are transmissible. All right may be transferred except prohibited by law and in the stipulation of the parties. THANK YOU PO, SIR
Marjes, Kimberly Yrah R. 1 BSA-B Thank you Atty. for clearly and understandably discussing the general provisions. We truly appreciate it as we learned that 1156 simply defines obligation as a juridical necessity to give to do or not to do, wherein as a juridical necessity, it offers right to the aggrieved party to call upon courts of justice to enforce what has been agreed.While 1157 provides the sources of obligation. Having the fist one in 1158,the legal obligation which imposed that having no clear provision of the law is having no obligation. Obligation arising from contracts was the 2nd,wherein according to 1159,the agreement or contract between 2 parties is in effect or has the force of the law and should be complied in good faith. 1160 also imposed how a party became bound to another because of quasi-contracts or due to another's voluntary, lawful and unilatiral act. As I have learned,Negotiorum gestio obliged the party reimburse the expenses of the person who voluntarily manage his property even without his consent while solutio indebiti imposed that a party who received a mistake payment has an obligation to return it.In 1161, the obligation came from commission of act or omission which give rise criminal and/or civil offenses.Lastly,1162 obligation from quasi-delicts as the last source of obligation. The law imposes that when a party causes damages or injury to another due to fault or negligence, this article obliged the person who cause damages to be liable to the injured party and has to answer for damages. Discussing the nature and effect of obligation taught me that the obliged party has an incidental duty to take of the thing with a proper diligence. The diligence may be stipulated at the agreement or expressed by the law. However if both are silent, it is required to exercise the diligence of a good father. The video also help me differentiate the three fruits such as natural,industrial and civil. Hearing about the accessories follows the principal made me understand the concept of accessories and accessions under the law. This video also helped me understand and how a party can be liable and the concepts on how and when the court can mitigate the payment of damages in case of fraud, delay, a fortuitous event, negligence or in contravention of the tenor as well as having the obligation performed in poorly manner. Thank you and God bless po😊
Arlantico, Mary Rose C. 1 BSA-A Good day, Atty. Reyes. Thank you for making this video, for us to understand the General Provisions and the Nature and Effects of Obligations. And here are what I learned after watching the video. Article 1156 state that obligation is a juridical necessity to give, to do or not to do. The statutory definition of obligation is one who is bound to render or deliver something to another. On the other hand, juridical necessity, means that obligation must be fulfill or perform by other party otherwise there will be a corresponding consequences and penalties for the non-compliant. In addition, if the obligation has not been performed or it was violated by the non-compliant then it gives the other party to go to a court and ask for particular relief. Prestation To give- the delivery of something To do- it pertains to performance of an act Not to do- it is the prohibition not to perform a certain act Obligation not to give was not included in the definition give by the law, but it is actually included in the prestation not to do. Requisites of Obligation Passive subject- the debtor or the obligor, a person who is bound to perform the obligation Active Subject- the creditor or the oblige, one who is interested in the performance of obligation, person who is entitled to demand for the fulfillment of obligation Juridical Tie- the legal relationship between the parties, it binds and connect the parties together Object- or the prestation, it is the subject matter in obligation Kinds of Obligation Real obligation- prestation to give, it involves delivery of something to another person Personal Obligation- involves the prestation to do and not to do Article 1157 There are several sources of obligation (1)Law, a rule of conduct, or a system of uniformity, just and obligatory, promulgated by a competent authority, and for common observance and benefit; (2)Acts or Omissions punished by law- if a person have committed certain acts or refuse to perform a certain act which is required to be done by the law, it means that the person committed a criminal offense; (3)Contracts- it is a meeting of minds entered into by private individuals, a private agreement between two individuals who bind themselves based on the terms and conditions of the agreement; (4)Quasi-contracts- a juridical relation resulting from lawful, unilateral and voluntary act. It is a semi-contract, a contract that exist by order of a court, not by the agreement of the parties. There are 2 types of quasi-contracts: Negotiorum Gestio (voluntary takes charge) and Solutio Indebiti (payment by mistake); (5)Quasi-delicts- damages arises from tort or civil acts which is not amounting to crime Under the Article 1158, only those obligations which are expressly provides by law are demandable, which means that if a particular act has not been ordered by law or has not been expressly provided by law, then obligation is not presume to exist. Under the Article 1159 is obligation derived from contracts. Compliance in good faith - it is the performance according to terms and conditions of contract between the parties. Under the Article 1160, obligation derived from quasi-contract Article 1161 Criminal offenses- shall be governed by penal laws Scope Civil liabilities included: -Restitution -Reparation -Indemnification Under the Article 100 of the revised penal code, every crime, all criminal violation has a corresponding civil liability Under the Article 1162, is the definition of the quasi-delicts (cause damages to other without contract) Requisites of Quasi-delicts -Fault or Negligence -Act or Omission -Damaged caused NATURE AND EFFECT OF OBLIGATIONS Article 1163 It is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. If the obligation consists of delivery of specific thing, then the law imposed or requires the diligence of a good father of a family. Diligence of a good father of a family is the standard care or the ordinary care. While, extraordinary care is the highest standard of care observed by the common carries and bank. Article 1163 will apply only the diligence of a good father of a family if the object is determinate or specific, but if the object is generic then there is no obligation on the part of the obligor or debtor. Two types of Object 1.Specific/ Determinate- it has a sufficient particularity and it cannot be substituted if it has been lost 2.Generic/ Indeterminate- do not need to exercise the diligence of a good father of a family because genus does not perish (genus never perish) “Debtor is not liable if failure to preserve the things is due to a fortuitous event” Fortuitous event is not foreseeable, even if is foreseeable it is inevitable. Article 1164 Consists of the three different kinds of fruits: 1.Natural fruits- it is the spontaneously products of soil and young of animals, without the intervention of human labor 2.Industrial fruits- it is a fruit produced by land through human intervention, cultivation or labor. 3.Civil fruits- derived by virtue of juridical relation Under the Article 1164 is the ‘Personal right’ or the process of the creditor to enforce and demand against a particular person or the debtor and ‘Real right’, the interest of the creditor over a specific thing without debtor, it is also enforced directly against the world. “Accessory follows the principal” -Means that once the contract has been perfected then the debtor is now bound to deliver the fruit of the principal. Under the Article 1165 and the general rule that if the thing is lost or destroyed due to fortuitous event the obligations is extinguished. It means that debtor is not responsible if the things is destroyed because of the fortuitous event. But there is also an exception to the general rule: if the debtor has incurred delay, promised to deliver the same to two or more person of different interest, and if the thing is generic. Article 1166 Under the Article 1166 is the obligation of deliver a specific or determinate thing that includes the obligation to deliver accessions and accessories. Accessions are the fruits or additions or improvement. While accessories are the things included to the principal for better use or completion. Article 1167 - Article about the breach of a personal obligations. Article 1168- When the obligation consists is not doing, and the debtor does what has been forbidden him, it shall also be undone at his expense. Article 1169 Under the Article 1169, is the principle of ‘NO DEMAND, NO DELAY’, which means that there will be no delay is one party is not ready to comply with his part of the contract. Article 1170 Under the Article 1170, are the four grounds of liability. 1.Fraud, it is the deliberate or intentional evasion of the normal fulfillment of an obligation, it consists of dolo causante (casual fraud) and dolo incidente (incidental fraud) 2.Negligence, it a voluntary act or omission, it prevents the normal fulfillment of an obligation 3.Delay (mora), a failure to perform the duty on due date and time. 4.Contravention of the terms of the obligation Article 1171, the responsibility arising from fraud that is demandable in all obligations. Article 1172, is about the responsibility arising from negligence in the performance is demandable. There are three kinds of negligence: 1.Culpa contractual or the contractual negligence resulting in a breach 2.Culpa aquiliana or the civil negligence 3.Culpa criminal or the criminal negligence, a crime that is committed by negligence Article 1174- the requisite of a fortuitous event, in which the obligation is extinguished if the loss of the thing is due to fortuitous event. Article 1175, the requisites of recovery of interest such as: payment of interest is expressly stipulated, written agreement and the interest must be lawful. Article 1176, is about presumption, and it will be only applied if the prior installments have been paid and only if the receipt indicates which month the payment is being made of. Article 1177, is about the remedies available to creditors or oblige for the obligation is a mere hope possibility of termination satisfaction of their claims. Article 1178 Under the Article 1178, it states that all rights are transmissible, except if it is prohibited by law and and prohibited by the stipulation or agreement of parties. Thank you!
Pagela, Jerwin B. | 1BSA-A This video taught me a lot about the articles or the general provisions. First is about the obligation. It gave me an much better understanding what is an obligation. Next is where are obligations coming from. I found out that there are 5 sources of obligations namely: (1) Law, (2) Contract , (3) Acts or Omissions, (4) Quasi-contracts and (5) Quasi-delicts. The following articles, specifically 1158-1162, gave me a much elaborated insight on how are obligations arise from these sources. Overall, this video introduced everything about the general provisions to me clearly. However, if there's one thing that I can say I am grateful I knew of because of this video, it would "Ignorance of the law excuses no one".
Lagera, Rinalyn A. 1BSA-A I've watched this video for 3 times so I can understand it better. After I watched this video I have gain new knowledge which will be very helpful for me. One of my favorite lesson or article is The Article 1156, wherein it states that an obligation is a juridical necessity to give, to do, or not to do. Based on what I've learned its all about the obligation of the debtor and Juridical necessity means the debtor must comply with his obligation if not there will be a sanction or punishment for non-compliance. More over, I've learned the different requisites of an obligation and that is the Passive, active subject, object and the juridical tie. Next based on the video article 1157 pertains to obligation arises from Law, contracts, Acts or omission punished by law, quasi-delicts, quasi, contracts. Before, this new words was very hard to understand but because of this video, little by little I can understand it and distinguish it from another. Lastly, there is one part in the lesson that strikes me and that is, "Ignorance of the law excuses no one" We as a citizen in our community we should not be ignorant to the law, every one of us is responsible and obligated to know the law. We cannot say that we dont even know about the law because that's our responsibility. Thank you for this video it reminds me that I should know the law for the betterment of the community and for my own sake also.
Good evening Sir. I'm Mariejo G. Vego from BSA-2A. Here are the some key points that I've learned in the topic general provisions of law on obligations and contracts. First Article 1156 states that an obligation is a jurdical necessity to give, to do or not to do. It means that obligation is bound to render something, perform and not to perform a certain act. Obligation is juridical necessity because in case of non compliance, the other party can go to court and invoke the power of it to order another party to comply. Passive subject define as the party who is bound to fulfillment of the obligation while active subject is the person entitled to demand the fulfillment of the obligation. Juridical tie is the one who connects both parties and object is the subject matter. There are two (2) kinds of obligations, real and personal. In real obligation, subject matter is to deliver something to another person while in personal obligation subject matter is an act to do (positive obligation) and not to do (negative obligation). The five (5) sources of obligations are law, acts or omissions punished by law, contracts, quasi-contract and lastly the quasi delicts. I've also learned that only obligations which are expressedly provided by law are demandable and in contrast if it is not ordered by law it is non demandable and not presumed to exist. Civil liablity and criminal liability are different from each other. If someone commits a criminal violations, he can be imprison or pay a fine but if someone has civil liabilities he just need to return the value and pay the damage cause. Article 1163 says that if someone is oblige to do something, the law also gives him an incidental duty to take care of the object or the property. Common carriers has the highest standard of care since they are oblige to observe extraordinary care because the law wants to protect the general public. Same goes with financial institutions, to protect the deposits or the money of the public, they need to observe extraordinary care. Lastly I learned that the debtor is not liable if the failure to preserve the thing is due to fortuitous event which cannot foresee and prevent by anyone. Thank you Sir for the effort and learnings ☺️
Geminiano, Hanna Rian T. 1BSA-A Good day Atty. Reyes! These are what I have learned from watching your video. In Chapter 1, I have learned about Article 1156 which is "An obligation is a juridical necessity to give, to do, or not to do". It is a juridical necessity because incase of non-compliance, the courts of justice may be called upon to enforce its fulfillment. I have also learned about the sources of obligation in Article 1157 to 1162. Obligation arises from laws, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. Obligations come from law when imposed by the law. Quasi-contracts resulted from lawful, unilateral, and voluntary acts and has two kinds which is negotiorum gestio and solutio indebiti. Those who are criminally liable are also civilly liable. And Quasi-delicts are damage from another caused by acts or omission, with fault or negligence, but there is no pre-existing contractual relation between the parties. In Chapter 2, I have learned that every person obliged to do something is also obliged to take care of it with the proper diligence of a good father of a family. I also learned about the difference of a determinate thing from a generic thing. It is also discussed in the video about the three different kinds of fruits which are the natural fruit, industrial fruit, and civil fruit. Another thing I learned is about accessions and accesories. The differences of fraud, negligence and delays are also tackled in the video. Lastly, I have learned that all rights are transmissible except when prohibited by the law or the parties' stipulation.
Misa, Jodelyn C. 1BSA-A Hello, Atty. Reyes! I learned a lot by watching this video. I watched this video three times. This video explained to me article 1156, wherein it is a juridical necessity to give, to do or not to do. Also, its essential requisites, the passive subject, active subject, object or prestation and juridical or legal tie. Furthermore, the kinds of obligation according to subject matter is real obligation which is the obligatiom to give and personal obligation which is the obligation to do or not to do. The personal obligation has two kinds the positive personal obligation and negative personal obligation. Moreover, Article 1157, the obligations arises from law which is imposed by law itself, contracts that arises from the stipulations of both parties, quasi-contracts known as LUV, the lawful, unilateral and voluntary acts which are enforceable to the end that no one shall be unjustly benefited or enriched at the expense of the other, acts or omission punished by law which is the civil liability that has a consequence of criminal offense and quasi-delicts that arise from the damage caused to another through an act or omission. In addition, Quasi-contracts has two kinds the negotiorum gestio which is the voluntary management of the property of another without the consent of the latter and solutio indebiti which is created when something is received but there is no right to demand. In this video, the chapter 2 which is the nature of obligations are also discussed. Including the specific or determinate thing, generic or indeterminate thing, the different kinds of fruits, negligence, delays and fortuitous events. I really learned a lot and I want to say thank you Atty. Reyes for making this video.
Melendrez, Jonalyn C. 1 BSA - B After I watched this video, I was able to better understand all the Articles in General Provisions and the Nature and Effect of Obligations. Also, I've perceived what we should take note and memorize to be knowledgeable in every article. Article 1156 stated that an obligation is a juridical necessity to give, to do or not to do. It tells that an obligation is a legal relation between parties, whereby one is bound to fulfill a prestation and another has the right to demand. It has four requisites that we should take into account. The passive subject (debtor/obligor), the active subject (creditor/obligee), the prestation and the juridical/legal tie. Article 1157 shows the sources of obligation. Obligations arise from law, contracts, quasi-contracts, crimes and quasi-delicts. Articles 1158-1162 are the detailed versions of the four sources of obligation. Article 1305 was also mentioned in this chapter wherein it states that a contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Legal obligations requires that the contract is enforceable by law. In Nature and Effect of Obligations, I was able to understand all the articles in this chapter and memorize some of it. I've been able to determine and differentiate specific/determinate and generic/indeterminate thing. I've learned about the distinction of the three kinds of fruits. Indeed, it further serves as an eye-opener to be aware in remedies, responsibilities and requisites of a debtor and creditor. Thank you for this video, Atty! Through this, I was able to perceived the different rights and duties we have and the circumstances wherein we could benefit from them.
Embido, Diana H. BSA - 2A Thank You po Atty. Reyes for making this video. Pwede po namin ma-download and mabalik-balikan ang lessons. Article 1156 - An obligation is a juridical necessity, to give, to do or not to do. That obligation must be fulfill or perform otherwise there will be corresponding penalty for non-compliance. Juridical necessity - if the obligation was violated, it gives the agreed party a remedy to go to court and ask for particular relief. There are 2 Different Kinds Of Obligation Real - consist of an obligation to give. It involves the delivery of something to another person. Personal - consist of an obligation to do, or not to do. It involves rendering some services. Article 1157 - states that there are several sources of obligation. The obligation arises from: 1. Law - defined as rule of conduct, just and obligatory promulgated by the compotent authority for the observance of common good. If you commited crime then you will be under obligation. 2. Acts of Omissions punished by law - the criminal offenses 3. Contracts (based on agreement) - is private between two individuals where they bind themselves base on the terms and conditions of the agreement. 4. Quasi contracts - a juridical relation resulting from lawful, unilateral abd voluntary act. 2 kinds of Quasi Contracts Solutio indebiti - payment by mistake. Ito yung nagbayad pero mali ang pinagbayadan o sobra ang bayad. Magdudulot ito upang magkaroon ng obligation sa part ng taong naka-received ng bayad na ibalik yung sobrang bayad or the payment made by mistake. Negotiorum Gestio - ito yung may isang individual na nag-act on behalf of the other person without asking his consent to do that duty for them. For example, wala ka sa bahay nyo at nagkaroon ng bagyo. Yung bubong ng bahay nyo ay malapit ng tangayin, dahil may mabait kang kapitbahay. Nagtake action sya para hindi ito mangyare without your consent. Then magkakaroon ka ng obligation dahil para sa mga expenses that incurred. Article 1158 - kung wala sa batas then walang obligation Article 1159 Contract - as long as the contract has all the essential requisites for the validity then it has the force and affect of a law. Compliance of Good Faith - means you have to perform obligations according to the terms and conditions of the contract. Article 1160 - derived from Quasi contracts Criminal offenses - it shall be governed by penal laws under Article 100 - every criminal violations has a corresponding civil liabilities. Criminal liability - you are pertaining to imprisonment and it may also pertain to the payment of fine. Article 1164 Natural fruits - spontaneous products of soil and young of animals without human labor. Industrial fruits - produced by land through human cultivation of labor. Civil fruits - derived by virtue of juridical relation. Personal right - right or power of creditor enforceable against a particular person. Real right - right or interest of creditor over a specific thing without definite passive subject. 3 Essential Requisites on the Perfection of the Contract 1. consent 2. object 3. payment of consideration Article 1167 - it is about the breach of a personal obligation Article 1168 - when an obligation consists in not doing and the obligor does what has forbidden him, it shall also be undone at his expense. Article 1169 - in reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. No demand, no delay - kahit may contract na in specific date at di mo nagawa, as long as wala pang demand hindi pa yan delay. Exceptions: - when the obligation or law so provides - time is a controlling motive Article 1170 - pertains to dolo incidente Article 1172 - waiver arising from negligence is valid. When the standard of care is the ordinary care of the proper diligence of a good father of the family. Exception: the stipulation requires standard of care or an extraordinary care. Article 1174 - General rule : obligation is extinguished if the loss of the thing is due to a fortuitous event. Article 1175 - take note of requisite of recovery of interest Article 1178 - General Rule: All rights are transmissible
Porio, Nathaniel John 1BSA-A Thank you Atty. After I watch the video lesson I learned in Article 1156. An obligation is juridical necessity to give, to do or not to do. - Obligation is a juridical necessity because in case of noncompliance, the courts of justice may be called upon by the agrieved party to enforce it's fulfillment or, in default thereof, the economic value that it pressent. - Essential requisites of an obligation Passive subject (debtor or obligor) Active subject (creditor or obligee) Object or prestation( subject matter of the obligation) Juridical or legal tie ( efficient cause) Article 1157 Obligation arise from: 1. Law- There is obligation when it was imposed by the law. 2.Contracts- When the both parties arise from stipulation. 3. Quasi-Contract - this are judicial relation arising from certain lawful,voluntary and unilateral acts by virtue of which the parties become bound to each other based on the principle that no one shall be unjustly enriched or benefited at the expenses of another. 5. Act or Punished by law - Civil liability is arised and it is the consequences of the criminal offense committed. 6. Quasi Delicts - When they arise from damages caused to another,there being fault or negligence,giving rise to the obligation to pay for the damage done. There must be no pre-existing contractual relation between the parties.
Ramos, Recyline A BSA 2-A Upon watching this episode, these are the key points of every article that I learned; 1. Article 1156, An obligation is a juridical necessity to give, to do or not to do. Obligation is a juridical necessity, because once the debtor is not complying to the agreed terms in the contracts, he/she will be considered as a violator and it has a corresponding penalty for that. There are four (4) requisites of an obligation. First is the passive subject, called as the debtor. It refers to the person who is bound to fulfill the obligation. Secondly, active subject or the creditor. Person who entitled to demand the fulfillment of the obligation. Third is the object, the subject matter in obligation and it is the one that is observed by the creditor. And last is juridical or legal tie that serves as the thing that connects the parties to the obligation. Scope of this article is the kinds of obligation in the subject matter; Real obligation is the obligation that obligor must deliver something or to give something to the oblige. Personal obligation is rendering services and is an act to be done or not to be done. 2. Article 1157, under this article, we have five sources of obligations. (1) The Law defines as a rule of conduct that promulgated by the authority in order to maintain the observance of the common good. (2) Contracts are the agreement between two (2) private parties or individuals based on their terms and agreements. (3) Quasi-contract is a kind of source that doesn’t have agreement but have a contract as a result of lawful, voluntary and unilateral acts. Under quasi-contracts, we have two kinds and those are; Solutio indebiti, defines as a mistake of payments, an error to pay the right person or having excess payments. As a result of this, the debtor must return the excess money or give the payment to the right person or else he/she will be penalized. Negotiorum gestio is the management of the property without the knowledge of the owner. (4) Acts or omissions punished by law is the criminal offense and acts punished by the law. (5) Quasi-delict is arising from the damage caused to another. 3. Article 1158, it includes the compliance of good faith that has a meaning of the performance with the accordance of the contracts between two parties. Contract has the force of law as long as the essential requisites are present. Both parties must have to act based on what their contract says, if one of them or both violated the contract, criminal offense shall be governed. 4. Article 1159 states that obligations that is in the contracts have the authority of law between both parties and must apply the compliance of good faith. 5. Article 1160 treats the obligations of both parties that has risen from the quasi-contract that they agreed on. 6. Article 1161, it deals with civil liability for damages from crimes. According to this principle, every person that violates the law has a corresponding civil liability. It may be an imprisonment or payment of fine. Scope of civil liability includes; Restitution or you have to return the stolen property. In case the stolen property is already gone, debtor must pay the value that has stolen. Reparation for the damage caused or to pay the damages caused by inconvenience that the commission of crime has cost. Last is the Indemnification or payment for consequential damages. 7. Article 1162 is about involving to quasi-delict. Before a person can be held liable for quasi-delict, there must be an act, fault or negligence, damage-caused, there is no pre-existing contractual relation, and there must be a direct relation of cause and effect between the act and the damage. This article also states that once a person is under quasi-delict, the obligor must pay the damage that he has done. 8. Article 1163 is about taking care of their obligations. Obligor must have a diligence of a good father of the family or have ordinary care to deliver the subject that obliged you to do. 9. Article 1164 is about the obligation regarding the delivery of fruits. Obligor must delivery fruits when; the time of the perfection of the contract, is subject to suspensive condition, contract of sale, and from law, quasi-contracts, delicts and quasi-delicts. In this article, it addressed the three (3) different kinds of fruits; Natural fruits that are the spontaneous products that don’t need the intervention of human labor. Industrial fruits are the products that resulted from the lands or agricultural works of farmers. And last is the Civil fruits that derived from thing operated by law, examples are rents and leases of lands and other properties. 10. Article 1165 have 2 kinds of remedies or rights in case the debtor fails to comply with his obligations. First is the specific real obligation that the debtor has the right to indemnity, the right to recover the damages or to pay the damages that he has done. Second is the generic real obligation defines that creditor cannot force the debtor to make or to take the delivery but can only ask for the performance of the obligation. 11. Article 1166 has the meaning of Accessions and accessories. Accessions are the things that are added for the improvement of a thing, while the Accessories are things that joined with the main thing for the completion of the thing. 12. Article 1167 states that if the other party failed to comply with the obligations that stated in their contracts, the person will be going to face penalties that are agreed to. 13. Article 1168 states that when the obligor did something that is forbidden by the contract, he or she will be undone at his expense. 14. Article 1169 describes that when the person who obliged to deliver something caused delay or when the obligee demands something and the obligor caused delay, the obligor will be going to face penalty. 15. Article 1170 states if the obligor is guilty of fraud, negligence or delay, he/she will be liable for the damage. Under this article, it has four grounds of liability; (1) Fraud is the intentional evasion of the normal fulfillment of an obligation. (2) Negligence which is the act or omission and having no bad faith or malice which prevents the normal fulfillments of the obligation. (3) Delay that an action had been taken slow and the last (4) Contravention of the terms of the obligation or the violation of terms and conditions demanded in the obligation. 16. Article 1171, Waiver of action for future fraud void means that it allows the performance of fraud in side of the debtor and this kind of action is not valid. Waiver of action for past fraud and negligence will only be valid if there is an act of generosity from the part of the creditor or there is an ordinary care or proper diligence of a good father of a family. 17. Article 1172 states that there is a validity of action risen from negligence if they exercise that extraordinary diligence as in the case of common carriers. It has three kinds of negligence; (1) is contractual negligence that describes as a negligence in contracts resulting of breach. (2) Civil negligence means that the source of obligations between two people does not related before the pre-existing contract. (3) Criminal negligence is a resulting from committing of crime, it has an affiliation like imprisonment or payment of damages. 18. Article 1173 states is when the contract is silent, the diligence that has been observed is expected to require a good father of a family. 19. Article 1174 states that fortuitous or foreseen events may happen when the event of obligation is happening. Fortuitous events are distinguished in two parts; (1) Acts of man ex. War, murder, robbery and (2) Acts of God ex. Earthquake, storms, calamities. This article also has a requisites of a fortuitous events and these are; (1) event must be independent of the human will or the debtor’s will, (2) event could be foreseen and if it’s foreseeable, then it is inevitable, (3) the event must be a such a character as to render, it is impossible for the debtor to comply with his obligation in normal manner; and (4) the debtor must be free from any participation in the injury to the creditor is no concurrent negligence on his part. 20. Article 1175 states that having usury transactions will be punished by special laws. 21. Article 1176 is describing that prior installments are already paid even without its receipts 22. Article 1177 is about the rights of creditors that they have the right to demand and to satisfy their claims and may bring all the actions for saving those inherent persons. They may also question the acts of the obligor in order to ensure that they haven’t done anything to defraud them. 23. Article 1788 talks about all rights are transmissible or can be passed to another if there is no stipulation to the contract.
Nofies, Gretchen M. 1 BSA-A Thank youu for this lecture! Atty. After I watched this video, I've learned that law has an important role to our lives as a citizen and as person. Can protect individual rights and liberties. Law provide a framework and rules to help resolve disputes between individuals. By creating some articles that may include for this lessons.
Reyes, Zhellie Mae 1-BSA-A Thank you for this video Atty. This video helped me understand the general provisions as well as the nature and effect of obligations. Article 1156 gives the definition of obligation in its passive aspect which states that "An obligation is a juridical necessity to give, to do, or not to do." It is a juridical necessity because the there could be a punishment in case of non-compliance. REQUISITIES Passive subject (debtor) Active subject (creditor) Object/Prestation (Subject matter) Juridical/Legal Tie (Efficient cause) In addition to that the article also states the nature which are the natural and civil obligations as well as the kind of obligation according to its subject matter which are the real obligations (obligation to give), positive personal obligation (to do) and negative personal obligation (not to do) I also learned the sources of obligation which is stated in Article 1157. Obligation can come from law, when they are imposed by the law itself. Contracts, which is defined under Article 1305 as the meeting of minds between 2 person whereby one binds himself, with respect to the other to give something or to render some service. Quasi-contracts which is all about LUV or Lawful, Unilateral, Voluntary act which is enforceable to the end that no one shall be benefited at the expense of another. This source of obligation have 2 kinds which are the negotiorum gestio and solutio indebiti. The fourth source of obligation is acts or omissions punished by law, these pertains to the liability of a criminal offender to civil damages which is under Article 100 of Revised Penal Code. For the last source of obligation, it pertains to Quasi-delicts or acts that has caused damage for pure negligence without any pre-existing contractual relation between the parties. For the second part of the video, I learned that every person who are obliged to give something is also obliged to take care of it with the proper diligence of a good father which came from Roman law where only men are allowed to enter into a contract. The parties can also seek for higher diligence which can be slightly or extraordinary care which is bestowed upon common carriers and banks and if the parties stipulated another standard of care then, its the one who should be followed by the parties however, the parties cannot stipulate that there should be no standard of care because it will treat the obligation nugatory. The video also discuss the different kinds of fruits which are the natural fruits, industrial fruits and civil fruits as well as the difference between accessions and accessories and how fraud, delay, negligence or in any manner contravene the tenor thereof are all liable for damages.
Cruz, Mariel E. BSA - 2B Here's the key terms I've learned from this video. Obligation - One is bound to render something to another. Article 1156 - An obligation is a juridical necessity to give, to do, or not to do. I also learned all of the topic from this video.
Armando, Aliyah Czarina R. 1 BSA-A Thank you Atty. For making this video, it really helped me to further understand the lessons. Here are my takeaways after watching the video lecture. Obligation is derived from Latin word “obligatio” which means a “tying” or “binding”. Article 1156- An obligation is a juridical necessity to give, to do, or not to do. - Juridical necessity means an obligation must be fulfilled must be fulfilled or performed, there is a corresponding penalty for non-compliance. Different Prestations: To give- the delivery of something To do- the performance of an act Not to do- the prohibition not to perform a certain act (The obligation not to give was not included in the definition provided by the law) (The obligation not to give is actually included in the obligation not to do) Essential Requisites of an obligation Passive subject (debtor or obligor)- bound to perform an obligation Active subject (creditor or obligee)- entitled to demand the fulfillment of an obligation Object or prestation (subject)- required to observed and performed by the debtor Juridical or legal tie (efficient cause)- bind or connects the parties Kinds of obligation Real- to give (involves delivery of something to another people) Personal- to do or not to do (involves rendering some services) Positive (to do) Negative (not to do) Article 1157 Sources of obligations Law- define as a rule of conduct, just an obligatory, promulgated by the competent authority for the good, for the observance of the common good. Contracts- meeting of minds between two persons Quasi Contracts (as if)- not a contract but exist a juridical relation - arise from LUV ( Lawful, Unilateral, Voluntary) Kinds of Quasi Contracts Negotiorum Gestio- voluntary, without consent Solutio Indebiti- payment by mistake, received by mistake, return to the owner Crimes or acts or omissions punished by law- when they arise from civil liability which is the consequences of a criminal offenses Quasi delicts or torts- there is a negligence Article 1158- Only those obligations which are expressly provided by the law are demandable. Article 1159- Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Article 1161 Scope of liability Restitution- returning the value Reparation- paying damages caused Indemnification for consequential damages- paying other damages Article 1162 Requisites of quasi delicts Act or omission- no pre-existing contract Fault or negligence- direct relation Damage caused- no pre-existing contract Direct relation of cause and effect between the act or omission and the damage Article 1163 - If the obligation consist of delivery of a specific thing then, the law imposes a diligence of a good father - Diligence of a good father- borrowed from the Roman Law Concepts (only men can enter in a contract in the society) - Standard/Ordinary/Default care - Indidental duty- that duty comes with it - If a person who is obliged to give something and not obliged of that object/thing then the obligation will be rendered nogatory. - Extraordinary care- highest standard of care observed by the common carriers(public utility vehicles) - Specific/Determinate thing- has sufficient particularity and cannot be substituted when lost - Determinate/Generic thing- class or genus and can be substituted - This article will apply only incase that the object to be delivered is a determinate thing. - Debtor is not liable if failure to preserve the thing is due to a furtuitous event(event not forsee or if forsee is inevitable)
Article 1164 - Real right is what acquired upon delivery, while ownership is transferred from the perfection of the contract. Different kinds of fruits Natural Fruits- spontaneous products of soil Industrial Fruits- throigh cultivation of labor Civil Fruits- by virtue of a juridical relation Article 1165- Only apply for determinate thing Article 1166- Accessions- not necessary to the principal thing - Accessories- follows principal - Civil law principle: Accessory follows principal Article 1167- If a person obliged to do something fails to do it, the same shall be executed at his cost. Article 1168- In an obligation not to do, the duty of the obligor is to abstain from an act. Article 1169- NO DEMAND, NO DELAY - Rule of Equity: When both parties are in delay, there is no delay) Article 1170- Ground for liability: Fraud(incidental fraud & causal fraud), Negligence(fault/culpa), Delay(mora), Contravention of the terms of the obligation Article 1171- Waiver of action for future farud void- allows the performance of fraud in the side of the debtor. - Waiver of action for past fraud valid- it is an act of generosity and magnanimity from the part of the creditor. Article 1172- Validity of waiver of action arising from negligence- the standard of care is the ordinary care/diligence of a good father of a family
After I watched this video, I've learned a lot such as, Article 1156 An Obligation is juridical necessity to give, to do or not to do. Obligation means bound to render something to another while juridical necessity it's obligation must be fulfilled otherwise there will be corresponding. -passive subject (debtor) -active subject ( creditor) -judirical title( relationship party) - object (subject matter) 2 kinds of obligation *Real- involves deliver something to another *Personal- involve rendering some service. Article 1157 Obligation arises from: law, Contracts, Quasi-Contracts, Quasi Delicts There are 2 kinds of Quasi Contracts( Negotiorum Gestio and Solutio Indebeti Article 1158 Only those obligation which are expressly provided by law are demandble. Compliance in good faith means performance according to terms of contract between parties. Article 1159 Delay Mora failure discharge or duty an due date and time. Article 1163 It's an incidental duty to presence a thing with ordinary care to ensure the delivery of the debtor (good father of a family). Article 1164 *Natural fruits *Industrial fruits *Civil fruits Article 1169 Kinds of delay 1.Mora Selvendi 2. Mora Accipiendi 3. Compensatio Morse Article 1170 4 Ground of Liability Fraud Negligence Delay Contravention of the terms of Obligation. Article 1172 3 kinds of negligence 1.Contractual negligence 2.Civil neglience 3.Criminal negligence Thanks po😊 Jean C. Manalastas BSBA HRM-3B
Baal, Ericka Jane G. 1BSA-A Pamantasan ng Cabuyao Thank you Atty. for doing this video that helps me to understand more the topic about the General Provision of Law on Obligation and Contracts. And here are the summary and takeaways of my learnings after watching your video: ° If there is one thing that I need to take in my mind and understand well, it is the Article 1156 which gives the definition of an obligation. It is said that "An obligation is a juridical necessity to give, to do, or not to do." This means that you are bound to render something to another which is needed to fulfilled or performed. ° Requisites of Obligation *Passive Subject- Debtor or Obligor *Active Subject- Creditor or Obligee *Juridical Tie- Binds or Connect Parties *Object- Subject matter in an obligation °Obligation arises from(1157): *Law- is a rule of conduct, just and obligatory, promulgated by the competent authority for the observance of common good. * Contract * Quasi-contract *Quasi Delicts *Crimes or Acts or Omission by law (1158) Obligations derived from law are not presumed which means that if a particular act has not been ordered by law then such an obligation is not presumed to exist but ifi the obligation is express by the law then it's demandable. (1159) Obligations arising from contracts have the force of law between the contracting parties and should be compiles with good faith. And the performance according to terms of contracts between parties are called"Compliance in Good Faith". (1160) Obligations derived from quasi-contract shall be subject to the provision of Chapter 1. There are two types of Quasi-contract: Negotiorum Gestio and Solutio Indebiti. And always remember the word LUV(Lawful, Unilateral, and Voluntary act). (1161) Civil obligations arising from criminal offenses shall be governed by the penal laws. Civil Liabilities arise from the following: Restitution, Reparation, and Indemnification. (1162) Obligations derived from Quasi Delicts shall be governed by the provisions of Chapter 2. For Chapter 2: Nature and Effects of Obligations( From Article 1163 to Article 1178) (1163)If an obligation is about to give something or to deliver something then law imposes the "Diligence of a Good Father of a Family". That phrase is known as the standard care or default care while Extraordinary Care is the higher standard care .(1164) it discuss that the creditor has a right to the fruits of the things from the time the Obligation to deliver it arises. There are three types of Fruits: Natural, Industrial, and Civil Fruits.(1165) it talks about the responsibility and remedies of both creditor and debtor. If the delivery is generic, the creditor has the right to ask that the Obligation be complied with at the expense of the debtor. But if the debtor delays the fulfilment of obligation, he is responsible for the damage it cause. (1166) The obligation to give a determinate things includes that of delivering all it's accession and accessories, even though they may not have been mentioned. (1167) It talks about the Obligation to do. If the obliged person fails to do it then same shall be executed at his cost. (1168) It is about the Obligation not to do.(1169) Three Kinds of Delay: 1.Mora Solvendi 2. Mora Accipiendi 3. Compensation Morae (1170) 4 Grounds of Liability: Fraud( deceit or dolo), Negligence (fault or culpa), Delay(Mora), and Contravention of the terms of the Obligation covers all forms of violation. (1171) it is said that the responsibility arising from fraud are demandable.(1172) 3 Kinds of Negligence: 1. Contractual Negligence(Culpa Contractual) 2. Civil Negligence ( Culpa Aquilana)3. Criminal Negligence ( Culpa Criminal). (1173) It stated there that if law or Contracts are silent,then we should follow the standard care.(1174) it is stated there that if there is a fortuitous event, the debtor is not liable to any damages. (1175) Usurious transaction shall be governed by special laws. It also includes the requisite to cover the interest. (1176) It talks about presumption. And there are two kinds of presumption: Conclusive presumption and Disputable presumption.(1178) Subject to the laws, all rights acquired in virtue not an obligation are transmissible, if there has been no stipulation to the contrary. Again, thank you Atty. for doing this video lecture.
De Jesus, Wendy Kris M. BSA -2A I have learned a lot about the new civil code on the law on obligation and contracts. The following are some of the things I've learned through this video. Article 1156 An obligation is a juridical necessity to give, to do or not to do. Obligation is the responsibility of an individual to render something to another person. This responsibility or duty must be performed and if not there is an equivalent sanction for non-compliance to obligation. The requisites of obligation are the passive subject or debtor, active subject or creditor, juridical tie and object or the subject matter. There are two kinds of obligation. The real obligation which obligue someone to give something and personal obligation which tells you to do or not to do. Article 1157 Obligation arises from the law, an act or omission punished by law, contracts, quasi contract and quasi-delicts. Article 1158 Obligation must be assumed or expressed by the law to become demandable. Article 1159 Contract is said to have a force of law. All essential element must be present and breach of contract/violation. We must have compliance in good faith which means performing the promised terms and conditions written in the contract. Article 1160 Quasi-contract is lawful, unilateral and a voluntary act A. Negotiorum Gestio - Doing an obligation voluntarily without concent. B. Solutio Indebiti - receiving something by mistake. Article 1161 Criminal offenses >Article 100 Civil liabilities Restitution- restoration or returning of value Reparation- paying for damaged cause Indemnification- paying for other damages Article 1162 Requisites of Quasi-delicts Fault or negligence Act or omission Damaged caused Article 1163 A duty to preserve a thing with ordinary care like a diligence of a good father to ensure the delivery of obligation to prevent negligence of the debtor. Extraordinary care is the highest standard of care done by the common carrier and banks for the benefit and protection of general public. Property: Specific / determinate- particular & cannot be substituted. Generic / indeterminate- Class or genus, general. Can be substituted Debtor is not liable for negligence if it us cause by unforeseeable or unexpected event that makes him impossible to do the obligation. EXCEPT Genus nunquam perit meaning generic things does not perish because it is always can be substituted. Article 1164 Civil Law Principle: Accessory follows the principal Meaning, Real Right is acquired upon delivery while Ownership is acquired upon the completion of the contract. "When the obligation has been perfected the ownership was transferred from the seller (obligor) to the buyer (obligee)" Natural Fruits- natural products without human intervention Industrial Fruits- natural product with human labor Civil Fruits- by virtue of juridical relation Personal Right- Right of creditor to his passive subject Real Right- right or interest if creditor to a specific thing. 3 essential requisites on the perfection of contract: Consent, Object, & Payment of consideration Article 1165 Remedies of creditor in real obligation (obligation to deliver a thing) Specific Real Obligation can demand: A specific performance of obligation plus indemnity B Rescission + recovery of damage C Payment of damage "General Rule" If the thing is lost or destroyed due ti fortuitous event the obligation is extinguished. "EXCEPT:" A Delay B promise to deliver the same thing to 2 or more person of different interest. C Generic thing Article 1166 ACCESSIONS fruits or additions or improvement. ACCESSORIES things included to the principal for better use or completion. Article 1167 Breach of a Personal Obligation -specific performance is not applicable because this would be violative of the debtor's constitutional right against involuntary servitude. -Obligation not to do: and the obligor does it, the creditor may have it undone at the expense of the debtor. Article 1168 When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1169 Until there is no demmand, there is no delay "ECXEPT" 1 When obligation or law so provides. 2 essential TIME is controlling motive 3 When demmand would be USELESS because the object of obligation is lost or destroyed by debtor. Ordinary Delay- failure to perform obligation on time --No punishment Legal Delay- Delay that result in breach of contract. Kinds of Delay/Default 1 Mora solvendi- fault of debtor 2 Mora accipiendi- fault of creditor 3 Compensatio morae- both delay, therefore there's no delay. no delay in negative personal Obligation (not to do) Requisites of delay by the debtor 1 failure to perform on the agreed date 2 demand may be juridical or extrajudicial 3 failure to comply with such demand "Article 1170" 4 Grounds for liability 1 Fraud (deceit or dolo)- intentional evasion of obligation fulfillment A Dolo Causante (Causal Fraud)- Frsud upon perfection or commencement of contract. liable to pay damages B Dolo Incidente (Incidental Fraud)- Fraud in performance of obligation. Ground to void obligation. 2 Negligence (fault or Culpa)- Voluntary act or omission 3. Delay (mora) 4 Contravention of the terms of the obligation covers all form of violation Article 1171 Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void (1102a) Waiver for future fraud is is void -allows performance of fraud in sede of debtor Waiver for past fraud is is valid -generosity & magnanimity from part of creditor Waiver arising from negligence is valid when: standard of care is ordinary care. EXCEPT: If the stipulation requires another standard of care or extraordinary care. Article 1172 Kinds of negligence according to obligation: "lt word" 1 Contractual Negligence (Culpa contractual)- results in breach of contract Creditor Remedy- seek payment for damages. 2 Civil N. (culpa criminal)- crime committed (Art. 365 law punishes culpa criminal) Penalty: imprisonment & payment of damages Article "1173" Requisites of fortuitous event 1 independent of a human will 2 Event is inevitable Article "1174" 3 impossible for debtor to comply in a normal manner 4 no concurrent negligence on part of debtor Article 1175 "Requisites of recovery of interest" 1 payment of interest is expressly stipulated 2 written agreement 3 interest must lawful Central Bank Circular No.799 6% interest No.905 any amount of interest as long as it is not considered "iniquitous or unconscionable"-Article 1229 Article 1176 Presumption will only be: 1 prior installment have been paid 2 only if the receipt indicates which month the payment is being made for It is presumed that the prior installments are already paid even without its receipts even there are later installments. Article 1177 Remedies: 1 Exact fulfillment with right to damage 2 pursue debtor's leviable property Article 1178 General rule: -All rights may be transferred EXCEPT: 1 Prohibited by law 2 prohibited by parties' stipulation Thank you Atty.!
Mayflor C. Sumande bsa 2bThank you sir. This video i learned that obligation is bound to render something to another. Obligation not to give is included in not to do. In the Requisites of obligation these are; 1. Passive subject/debtor- bound to perform obligation. 2. Active subject/creditor- Interested the perfoy of obligation 3.Juridical tie/ Binds or connect parties. 4.Object/Subject matter Kinds of obligation REAL- To give Delivery of something to another person. Personal- to do or not go do(positive or negative) Involves rendering some service Obligation arises from: 1.Law-imposed by law,pomulgate by authority, rule of conduct. 2.Acts or omission punished by law-refuse to perform 3.Contracts-Based on agreement 4. Quasi-Contract-a juridical relation resulting from lawful,unilateral law, and voluntary act 5.Quasi-delicts-arises from damages Compliance-in good faith means performing according to terms of contracy between parties Every crime there is civil liabilities Restitution, reparation, and indemnification (RRI) Fortuitous event- certain moments that cannot prevent.
Lutchavez, Sarah C. BSA-2A I learned a lot from this video presentation including about the law on obligation where; Article 1156 this is a common explanation of obligation express the juridical necessity to give, to do or not to do. - If you rendering something so you have a responsibility if the obligation was violated they come to remedy to court to order a party in obligation. Requisites of Obligation - Obligation arises from source: Law - imposed by law or related to the law if you are committed a crime you are responsible to punish by law. Quasi-contract - resulting from lawful, unilateral and voluntary act. Article 1158 : if there's nothing in the law therefore such obligation has not perceived. The contract- it has a forced of law which is agreement of the obligor and obligee Quasi-contract • negotiorum gestio- itbis a act of voluntary, without consent • solutio indebiti- it is a received by mistake, and need to return the particular things to the owner. Article 100 of the revised penal code every crime has a corresponding civil liabilities. Criminal liabilities it is pertaining to imprisonment also pertaining to a payment of obligation (multa) Quasi-delicts - damage to others without contract. Nature and effect of obligation Article 1163- an incidental duty preserve a thing with ordinary care example is Good father where the roman empire only man can have a great impact to the society. - It is only apply in specific/determinate and generics/indeterminate obligation. Extra ordinary care- highest standard of deligence example: common carrier's and also a bank where set to a highest standard in all businesses. • Personal Right- right or power of creditor enforceable against a particular person. •Real Right- right or interest of creditor over specific thing without definite passive subject. It binds the property. Accessories follows the principal- if what is the principal all the accessories are included. Article 1164: two contract of sale executed remedy is the recovery of ownership. Delay (moral) - failure to discharge of duty on due date and time. >Fraud (decit or dolo) deliberate or intentional evasion of the normal fulfillment of an obligation. *Dolo causanto (causal fraud) - fraud upon perfection or commencement of the contract. *Dolo incidente (incidental fraud) fraud in the performance of the obligation. Additional for essential requisities -passive subject- (obligor) person whi is bound to the fulfillment of obligation. (Sya ang gagawa ng obligation) - active subject- ( obligee) person who is entitled to demand the fulfillment of the obligation. (Pinagkakautangan) -presentation/ object/subject matter- conduct required to be observe by the debtor. - juridical tie/ vinculum / vinculum juris - bind or connect the parties to the obligation. Thank you so much Attorney.
In this video, I learned that Obligations or Civil Obligation is a juridical neccesity to give, to do or not to do. There is also different sources. Obligations must be fullfil because if not there is corresponding penalty for not compliance of it. My favorite part is about the one source of obligation, the Quasi Contracts where there is lawful,unilateral and voluntary act. The two kinds of it is Negotiorum gestio and Solutio Indebiti.
Camposano, KC Abegail BSA-2A Here are some key points I've learned from this episode. • Article 1156. An obligation is a juridical necessity to give, to do or not to do. With this article, it states that an obligation is something that you are committed to do or you are bound to do something, some acts. Then, I have learned that not to give is not written there because it is also included on the 'not to do' part. Requisites of Obligation are the Passive Subject, Active Subject, Judirical Tie and Object. Passive subject, it is the obligor or the obliged one while Active Subject is the obligee, the person whom the passive subject is obliged to do something. Kinds of Obligation are Real and Personal. • Article 1157. Obligations arises from; Law, Contracts, Quasi-contracts, Acts or omissions punished by law and Quasi-delicts. Quasi-contracts has it's two kinds. The Solutio Indebiti and Negotiorum Gestio. Solutio Indebiti is paying by mistake while Negotiorum Gestio is doing something in favor to other person who is not actually there or doing him/her favor even in his/her absence, there's no a certain contract. This pertains to LUV which means Lawful, Unilateral and Voluntary Act. • Article 1163. In here, there is a duty for you to take care of the things that you are to be delivered. You are responsible to take care of those things or on your doings. It will only take effect if the object of obligation or the object to be delivered is an specific or determinate one while it is not applied when the Obligation is degeneric or indeterminate.
Campos, Kaye V. 1BSA-A Pamantasan Ng Cabuyao Good evening Atty. here are the things that I have learned upon watching this video. Article 1156- In here obligation is define as a juridical necessity to give, to do, or not to do. Obligation means rendering something to another and Juridical necessity means that obligation must be performed otherwise there will be a corresponding punishment. Here we were also introduced to the different requisites of Obligation which are the passive subject (debtor), active subject (creditor), Juridical tie (what binds the two parties), and Object (subject matter). Article 1157- In this part we were then introduced to the sources of obligation. The first one is the Law which are said to be a set of standard action imposed to another people. Second is the Acts or omissions punished by Law in short this are the criminal offenses or the commitment of crime. Third one is the Contracts which is the private agreement between two individuals. Next one is the Quasi-Contracts, it is a juridical relation resulting from lawful, unilateral, and voluntary act. It has two kinds which is the Negotiorum-Gesrtio, a voluntary act and Solutio Indebiti which means received by mistake. And the last source of Obligation is the Quasi-Delicts which is a damages arising from civil act which does not ammount to a crime. Article 1158- It is explained in this part that only those obligation which are expressly provided by the law are demandable. Article 1159- Here Contracts are explained, it is said that Contracts has its force of law as long as all the requisites are present. It is also said that Compliance in good Faith- means performing according to the terms of contracts. ARTICLE 1160- In this part attorney further explained the two kinds of Quasi-Contracts, and that Criminal liability is different from Civil liabilities wherein Criminal liability means imprisonement while civil liabilities is returning of the property stolen. Article 1161-Criminal Offense was highlighted here which is said that shall be governed by penal laws, the civil liabilities was also further explained here which includes. Reparation or the paying of damages, Imdemnification or the payng other damages and the Restitution or the returning the value. Article 1162- explained quasi-delicts and its requisites which are first an act or omission by the defendant second one is the fault or negligence, next is the damage caused to the complainant and lastly the direct relation of cause and effect between the act or ommission. Article 1163 - Explaination of diligence of a good father of a family which is to ensure the delivery of an obligation and prevent negligence of the debtor, Futhermore stipulation of the party requires another standard of care. Extra-ordinary care is the highest standard of care observed by the common carriers and bank.
Article 1164 - In this part different types of fruits were introduced which is the natural fruit, it is a spontaneous product of soil and young of animals without the intervention of human labor, Industrial fruit are what produced bt land thru human cultavation, labor and farming while civil fruits are deruved by virtue of juridical relation.. Thank you
San Luis, Michelaine D. (BSA - 2B) These are the key points that I've learned from the video: • Under the Philippine civil code Article 1156, an obligation is a juridical neccessity to give, to do or not to do. - Obligation means binding or tying one person to render something to another - Juridical neccessity means obligation that must fulfilled because if not there is corresponding penalty for non-compliance. • Requisites of Obligation Passive subject - also known as debtor, the party bound to perform. Active subject - also known as creditor, the one who is interested of the performance of obligation. Juridical tie - also known as efficient cause, binds or connect the parties to the obligation. Object - the subject matter of the obligation. • Kinds of Obligation Real Obligation - to give Personal Obligation - consist of: positive personal - to do negative personal - no to do In Article 1157, explain where obligation or the sources of obligation which are Law, Acts or ommissions punished by law, Contracts, Quasi-contracts and Quasi-delicts. Quasi-contracts is not a contract but exist a juridical relation. The 2 types of quasi-contracts are: Negotiorum Gestio - there is no prior agreement, It is also voluntary, without consent. Solutio Indebiti - the payment by mistake or received by mistake In Article 1161, explain the criminal offenses. All criminal violation has a corresponding penalties or civil liabilities. Civil Liabilities includes: Restitution - you have to repay or returning the values that been stolen or loss. Reparation - paying the damages caused by the other party. Indemnification - consiquential damage In Article 1162, explain the quasi-delicts. It is cause damages to other without contract. The requisites of quasi-delicts are negligence or fault, act or ommission and damaged caused. Under Article 1165 explain the remedies of creditor in real obligation. The two types of real obligation are specific and generic. • Kinds of Delay or Default 1. Mora Selvendi - the delay or fault of debtor 2. Mora Accipiendi - delay in accepting obligation, fault of he creditor 3. Compensatio Morae - both parties incurred delay • 4 Ground of Liability 1. Fraud (deceit or dolo) - there are two types of fraud known as casual fraud (dolo causante) and incidental fraud (dolo incidente). 2. Negligence (fault or culpa) 3. Delay (mora) 4. Contravention of the terms of the obligation That's all what I've learned in General Provisions. Thank you po sir! God bless.
these are the key points that I have learned in this video: Art 1156. An obligation is a juridical necessity to give, to do, or not to do. Obligation- it is a condition wherein a person is morally or legally obliged or bound to do something. There is a particular act that must be performed. Juridical necessity- it means that in case of non-compliance, the court may be called upon to enforce its fulfillment. To give- means to deliver something to do- it is the performance of an act not to do- these are acts that are prohibited; something that should not be performed There are 4 requisites of an obligation; the passive subject, active subject, juridical tie, and the object. There are 2 kinds of an obligation which are the real and personal obligation. Article 1157. Obligations arises from law, contracts, quasi-contracts, act or omissions punished by law, and quasi-delicts. Article 1158. Only those obligations provided by law are demandable. Compliance in good faith- you have to perform the obligation following the terms and conditions of the contact. There are 2 kinds of quasi-contracts- the negotiorum gestio (a voluntary act without the consent of the person who has the obligation) and solutio indebiti ( if something is received by mistake a person must be returned to the owner, the obligation to return it arises.) -Under Article 100 of the revised penal code, all criminal violations have corresponding civil liabilities. Article 1163. It is an incidental duty to preserve a thing with ordinary care to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. It will only apply in case the object to be delivered is a specific object/obligation. It will not apply in case the object is generic or indeterminate. General Rule: All rights are transmissible except when it is prohibited by law and by parties' stipulation. Thank you, sir.
Padayao, Louisa Marie O. 1BSA-B At the first part of this video lecture, which talks about the General Provisions, it had taught me the definition of the term obligation. The discussion had emphasized and made it clear that an obligation is a juridical necessity which means that in case of non-compliance or violation of one's rights, the court may be called upon to ask to enforce for fulfillment. Through this video lecture, I also learned about the sources on which obligations may arise. Also on each sources' definitions and requisites on how to distinguish these obligations from one another. By providing some examples, it had mostly helped me to better understand the topics being discussed. The second part of the video lecture, then, discussed about the Nature and Effects of Obligations. One of the most important thing that I've learned from here, which is something I haven't heard from other people's video lectures, is the information about why the words diligence of a "good father" of a family was used in the Article 1163 instead of the terms "good mother." It was so interesting to know that the principle was borrowed from the Roman Law Concept wherein at that time, at the Roman Empire, only men have the right to enter into a contract. There are lots of more learnings that I've got from this part of the lecture. However, it generally taught me about the different rights that the creditor has in which he can exercise those rights either over a specific passive subject or against the whole world, and also on how one could be granted by such rights. The lecture had also made clear to me about the different obligations the debtor has, that if he fails to comply to, either with obligations to give, or with obligations to do or not to do, would lead him to be liable on damages. In relation to this, the video lecture had also made clear that the debtor would be liable in case he commits fraud, negligence, delay, or contravention of the terms of the obligation. Contrary to this is when the debtor's reason of breach of the obligation was due to a fortuitous event. In this case, he would not be liable for damages. This video lecture also taught me that there are still presumptions done. It was also said that there is a general rule that all rights are transmissible. However, there are still exceptions under this rule. Watching this video lecture helped me a lot to understand the topics under this subject more, especially at those parts that I'm confused at. Having another source of learning is indeed necessary, and so I am grateful for this. Thank you very much, sir for providing this video lecture.
Daguil, Quennie Babe BSA - 2A I learned a lot about the different civil code articles. For example the Article 1156 states that an obligation is juridical necessity to give, to do, or not to do I learned here that an obligation is juridical necessity because in case of non-compliance the court can be asked to order the obligor to perform the obligation. Article 1157 I learned how obligation arises from law, acts or omissions punished by the law, contract, and quasi-contracts. Another is Article 1163 where I learned that it is an incidental duty to preserve a thing with ordinary care, means when a person owes a specific thing to another person he or she should not just give it but also take care of it with ordinary care/diligence of a good father of a family. Article 1166 the obligation to give a determinate thing includes delivering all its accessions and accessories even though they may not have been mentioned where the accessions are the fruits of a thing or improvement upon a thing while accessories are included with the principal for better use. Also after watching this video I learned a lot of technical terms and their definitions such as active and passive subject, negotiorum gestio, solutio indebiti, personal and real rights, specific, generic, dolo causante, dolo incidente and many more. I also learned about the comparison between each terms, sources of respective terms, and exceptions to general rules, now I have more knowledge about the general provisions on obligations.
PAMPLONA, MARY ANTOINETTE V. 1BSA-A Good day, Atty. Reyes! Thank you for this very informative video. Here are my takeaways from this episode: Article 1156 states that "An obligation is a juridical necessity to give, to do or not to do." The definition of obligation is that one is bound to render something to another. It is a juridical necessity because that obligation must be fulfilled; otherwise, there would be a corresponding penalty for non-compliance. The 3 prestations are to give (the delivery of something), to do (the performance of an act), or not to do (the prohibition not to perform a certain act). Not to give is also included in not to do. The requisites of obligation are passive subject (debtor), active subject (creditor), juridical tie (connect parties), and object (subject matter). The 2 kinds of obligation are real obligation (to give) and personal obligation (to do or not to do). Article 1157 states that "Obligations arise from: law, contracts, quasi-contracts, acts or omission punished by law, and quasi-delicts." Law is a rule of conduct, just an obligatory, promulgated by the competent authority for the observance of the common good and benefit. A contract refers to the private agreement of 2 individuals wherein they bind themselves based on the terms of conditions of the agreement. In quasi-contract, there exists a juridical relation resulting from lawful, unilateral, and voluntary acts. Solutio indebiti is the payment by mistake while negotiorum gestio is voluntary and without consent. Quasi-delict refers to damages arising from tort which is not amounting to a crime. In Article 1158, it says that only those obligations which are expressly provided by law are demandable. It means that if a particular act has not been ordered by law, then it is not presumed to exist. Article 1159 states that a contract has the force of law as long as all the essential requisites of a contract are present for its validity. In case a contract is violated, then the aggrieved party can go to court and seek redress of his grievances. Compliance in good faith means that the obligation shall be performed according to the terms and conditions of the contract between parties. In Article 1160, quasi-contracts had been discussed, just like in Article 1157, that there exists a juridical relation resulting from LUV or lawful, unilateral, and voluntary acts. Article 1161 says that a crime (delict) as a source of obligation, is governed by criminal laws or penal laws. According to Article 100 of the Revised Penal Code, all criminal violations have corresponding civil liabilities which include: restitution (returning the value), reparation (paying damages cause), and indemnification (paying other damages or consequential damages). In Article 1162, quasi-delicts were tackled just like in Article 1157. The requisites of quasi-delict are: there must be an act or omission, fault or negligence, damage caused, direct relation of cause and effect between the act or omission and the damage, and there is no pre-existing contract between parties. In this article, crime was also distinguished from quasi-delict. In Article 1163, the diligence of a good father of a family has been discussed. It is the standard care or default care. While extraordinary diligence is the highest standard of care observed by the common carriers and banks. I've also learned that in the roman empire, only man can enter into a contract in society that's why it was called diligence of a good father. The 2 kinds of objects are: determinate (particular and cannot be substituted) and indeterminate (generic and can be substituted). This article will apply only in case the object to be delivered is a determinate thing. It is not applicable in delivering an indeterminate thing because genus never perishes. In Article 1164, kinds of fruits were discussed and they are natural fruits (spontaneous products of the soil and the young of animals; without human intervention), industrial fruits (produced by land through human cultivation), and civil fruits (derived by virtue of juridical relation like payment of rent). Personal right is the power of creditor enforceable against a debtor while the real right is the interest of creditor over a specific thing without a definite obligor. A real right is what is acquired upon delivery, while ownership is transferred from the perfection of the contract. The 3 essential requisites for the perfection of the contract are consent, object, and payment of consideration. Article 1165 states that the remedy of the creditor in case of real obligation is to recover ownership or recover possession of the property. Specific real obligation can demand specific performance of obligation + indemnity, rescission + recovery of damage, and payment of damage. While generic real obligation: can be performed by a third person, creditor cannot compel the debtor but can ask for performance of the obligation, and can recover damage in case of a breach. In Article 1166, accessions (fruits or improvements) were distinguished from accessories (included to the principal for better use). General rule: Accessory follows the principal. Article 1167 is about the breach of a personal obligation. Specific performance is not applicable since this would be violative of the debtor's constitutional right against involuntary servitude. In Article 1168, when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1169 states that in reciprocal obligations neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other party begins. General rule: NO DEMAND, NO DELAY. Except: when the obligation and law so provides, time is a controlling motive, and when the demand would be useless because it is lost or destroyed. Two distinctions of delay (mora): ordinary delay (failure to perform an obligation on time) and legal delay (results in a breach of contract). Kinds of delay: mora solvendi (debtor's fault), mora accipiendi (creditor's fault), and compensatio morae. There is no delay in negative personal obligation (not to do). When both parties are already in delay, there is no delay (rule of equity). Article 1170 states the 4 grounds of liability. Fraud (dolo) - deliberate or intentional non-fulfillment of an obligation. a) Causal fraud (dolo causante) - fraud upon the perfection of the contract b) Incidental fraud (dolo incidente) - fraud upon the performance of the obligation Negligence (culpa) - voluntary act or omission without malice or intention. Delay and Contravention of the terms of the obligation. In Article 1171, a waiver for future fraud is void because it allows the performance of fraud on the side of the debtor. Waiver for past fraud is valid because it is an act of generosity and magnanimity from the creditor. Waiver arising from negligence is valid when the standard care is the ordinary care. Article 1172 says that an act, no matter how wrongful, would not amount to a crime in absence of a law defining such act as a crime. Kinds of negligence according to source of obligation: contractual negligence (culpa contractual) - negligence in contracts resulting breach, civil negligence (culpa aquiliana) - negligence by itself between parties not so related before by any pre-existing contract, and criminal negligence (culpa criminal) - a crime committed by negligence. In Article 1173, if the contract is silent, the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. Except: the thing is genus and the thing needs extraordinary care. In Article 1174, the general rule is that: Obligation is extinguished if the loss of the thing is due to a fortuitous event. Exceptions: when expressly specified by law, declared by the stipulation of the contractual parties, and when the nature of the obligation requires the assumption of risk. Article 1175 states that "Usurious transactions shall be governed by special laws." Requisites of recovery of interest: payment of interest is expressly stipulated, written agreement, and the interest must be lawful. In Article 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments. Article 1177 consists what are the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims. And lastly, in Article 1178, the general rule is that: All rights are transmissible. Except: prohibited by law and prohibited by the parties' stipulation.
Evangelista, Shane G. 1BSA-B Pamantasan ng Cabuyao Good day atty! After watching your video lecture, I was able to understand more about the general provisions and the nature and effect of obligations. An obligation is a juridical necessity to give, to do or not to do. It is a juridical necessity because it must be fulfilled or performed otherwise there will be corresponding penalty for non-compliance. I was able to know and understand its requisites and sources. And that the delivery of a certain thing requires the diligence of a good father of a family, and the party can only stipulate for a higher standard of care because if can ask for a lower standard the obligation will be rendered nugatory and also the debtor has an obligation to deliver the fruits arises from the time that the contract is perfected "Accessory follows the principal." I was also able to learn more about delays and its requisites as well as the kinds of negligence according to sources of obligation. Thank you!
Feliciano, Angelica A. BSA 2-B Upon watching the Part 1 of the General Provisions, I learned a lot of important lessons such as; -Juridical means that it is needed to be performed or fulfilled otherwise there will be a corresponding penalty for non-compliance -If it is not stated in the law, therefore there is no obligation. -Article 1163 will only apply if the object is specific or determinate thing and can never be applied if the thing is indeterminate or generic. -Article 1156 states that an obligation is a juridical necessity to give, to do or not to do. -Not to give is already part of Not to do. -Obligation means that one is bound to render something to another. -Obligation arises from Law, Acts or Omissions punished by law, Contracts, Quasi-Contracts, and Quasi-Delicts. -Quasi-Contracts are not contract but an agreement. -There are 3 kinds of Fruits namely Civil, Industrial and Natural Fruits. -General Rule: If the thing is lost or destroyed due to fortuitous event, the obligation is extinguished. -Delay (mora) is the failure discharge of duty on due date and time. Thank you so much, Atty. Reyes.
Postrado, Christine Anne, C (BSA-2B) One of the things that I learned is that According to Article 1156, Obligations is a juridical necessity to give, to do or not do. It means that if both parties has an agreement and the passive subject can’t comply on his/her obligations, the court of justice may be call upon to enforce it’s fulfillment and his failure will have a corresponding consequences or can be punished by law. Also, According to Article 1158 if the act is not provided by law then such obligations is not presume to exist. I also learned that a quasi contract is the juridical relation resulting from LUV which is lawful, voluntary and unilateral acts. I learned that if someone voluntary and spent necessary expenses when you’re not around for your benefit then it is called Negotiorum Gestio. It is said that the law will imposed obligations to the owner to reimburse the expenses.
Pacheco, Lianne Camille A. 1BSA-A Pamantasan ng Cabuyao Good Day Atty. Reyes! What I’ve learned in the first chapter under Article 1156 of the civil code of the Philippines is that an obligation is a juridical necessity to give, to do, or not to do. An obligation means you are bound to render something to another person. Juridical necessity means that the obligation must be fulfilled or performed otherwise there’s a corresponding penalty for non-compliance. If the obligation is violated, the aggrieved party may have the power to ask for particular relief. To give means to deliver something; to do mean the performance of an act; and not to do mean prohibition not to perform a certain act, it also includes here the obligation not to give. A passive subject is the one who is bound to perform any obligation (the debtor); an active subject is the one who is interested in the performance of the obligation (the creditor); a juridical tie is what bind or connects the parties, it is also a legal relationship between parties; and object which is a subject matter in an obligation. The first kind of obligation is a Real obligation - the obligation to give which involves the delivery of something to another person or party. Second is the Personal obligation - the obligation not to do which involves rendering services. According to Article 1158, only those which are expressly provided by law are demandable. (Article 1159) A contract has the force of law as long as all the essential requisites are present. (Article 1160) Compliance in Good Faith means that you have to perform obligations according to the terms and conditions of contracts. (Article 1161) Criminal Offenses shall be governed by penal laws. Criminal liability involves imprisonment and payment of fine while civil liability only involves restitution, reparation, and indemnification. Article 1162 is all about the requisites of Quasi-Delicts. Chapter 2, Article 1163 is all about the nature and effects of obligation. (Article 1164) A real right is what is acquired upon delivery, while ownership is transferred from the perfection of the contract. A personal right is the right or power of a creditor enforceable against a particular person o passive subject. In Article 1166, I learned the difference between accessions and accessories. Under Article 1171, responsibility arising from fraud is demandable in all obligations. Any waiver of action for future fraud is void. I also learned about the kinds of negligence according to the source of obligations in Article 1172. Thank you for your effort in discussing all the necessary information in Chapters 1 and 2. I hope you have a great day! God bless you and stay safe!
Domingo, Vince Dominick M. BSMA-2A These are the key points I have understand and learned. *Art. 1156- An obligation is a juridical necessity to give to do or not to do. *passive/debtor- party which is bound to perform the obligation *active/creditor-interested in performance of obligation *juridical tie-binding that connect parties *object-eubject matter *real obligation- involves delivery of something to another person *personal obligation-rendering of service *I have learned that source of obligation arise from Law, Acts or omission punished by the law, contracts, quasi-contracts( unwritten, solutio indebity- by accident, negotiorum gestio- lawful unilateral and voluntary act), quasi-delicts (damage that is not equal to crime, or neglegence) *Art. 1158 only those obligation expressed by the law are demandable. *compliance in good faith- performance according to the term of contract between two parties. *Art. 100 on revise penal code- every crime has a corresponding civil laibilities. It includes Restitution, Reparation, Indemnification. *Art. 1163" deligence of a good father" and will inly apply if the object is determinatr or specific. *ordinary care- standard / default care *extraordinary care- highest standart of care observed by common carries and banks. * there is exception in the debtor if the obligation is not fulfilled because of "fortuitous events" making him not liable. * Art. 1164 the obligation to deliver fruits( natural, industrial, civil) *Art. 1165 General rule: if the thing is lost because of fortuitous events, obligation is extinguished. *Exception to the rule when there is a delay, generic thing, promise to deliver is more persons with different interest. *Art. 1169 "No demand, No delay" *Exception to the rule, when obligation or law so provide, time, when demand would be useless. *ordinary delay- failure to perform obligation on time *legal delay- result in brech of contract *fraud- intentional evasion of obligation *Art 1175- interest must be due only if stipulated, written agreement, the interest must be lawful. *Central Bank Circular no. 799- when the is no stipulated interest the legal interest shall be 6% *Central Bank Circular no. 905- free to stipulate any amount as long as it is not considered "iniquitous or unconsionable" - Art. 1229 *Art. 1174 General rule: all rights can be transfered, except when prohibited by law or the parties stipulation.
Berona, Kristal Mae R. 1BSA-B Pamantasan ng Cabuyao As what I learned here in your lecture video and also during our classes. Law is a rule of conduct just and obligation promulgated by a competent authority for the common good and observance. Law has 4 elements and those are: 1. Rule of Conduct - the do's and dont's, what can be done and cannot be done, a prescription. 2. Just and Obligatory - the Law is fair, rightful. Just means fairness in Law, and Obligatory means a command to follow. 3. Promulgated by a competent authority - promulgated is to make widely known, publication, and in order for people to know the law expected for them to follow. 4. For the common good and observance - the result of the community in which they followed. There are different subjects of Law and those are: 1. Divine Law - Law of God, a religious belief 2. Natural Law - Law of Nature, basic understanding about men etc. 3. Moral Law - Conduct, based on what is right and wrong. 4. Physical Law - Uniformities of physical science. 5. State Law - Human Law These are the sources of Law: 1. Constitution - It is the Supreme Law (the Highest Law) and the Fundamental Law (Foundation of all Laws) 2. Legislation - Congress and Statues 3. Administrative Orders - Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. 4. Judicial decision - decisions of the court where they interpret the law. 5. Customs - traditions, long standing practices of a community. 6. Other sources are publications and well recognized experts. In Article 1156. An obligation is a juridical necessity to give, to do, or not to do. Obligation - in Latin word "Obligatio" means "binding" Juridical necessity - resort to court action. To file a complaint. Prestation - to give, to do, or not to do. There are 2 kinds of Obligations: Civil Obligation - enforced in the court of law. Natural Obligation - may not be enforced by the court, but upon equity (justice outside the law) These are the Essential requisites of an Obligation A. Passive subject - the debtor or obligor is bound to perform the prestation. B. Active subject - the creditor or obligee is entitled to demand. C. Object/Prestation - subject matter of the obligation. D. Juridical/Legal Tie - the efficient cause, connects the parties to the obligation. Different kinds of Obligation 1. Real Obligation 2. Personal Obligation The Sources of Obligation Law - imposed by the law itself Contracts - is the meeting of the minds between two parties Quasi-contracts - juridical relation resulting from certain lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other. Acts or Omissions by the Law; and Quasi-delicts That's all Atty. thank you for the effort in teaching us, Good day!
Malayo, Christine B. 1BSA-A Pamantasan ng Cabuyao Good day Atty. After watching your video, I gain more knowledge about the general provisions and the nature and effect of obligation. I have understood that an obligation as defined in Art.1156, is a juridical necessity to give, to do and not to do. It is a juridical necessity because in case of non-compliance the courts of justice may be called upon to enforce its fulfilment or economic value. The debtor whether he likes it or not must comply because if not, there would be a necessary punishment. There are four essential requisites of obligation: 1) Passive subject ( debtor/obligor) - he who has the duty. 2.) Active subject ( creditor/obligee) - he who has the right to demand the fulfilment. 3.) Juridical tie - binds or connects the two parties. 4.) Object - the conduct to be observed by the debtor. Kinds of obligation: 1.) Real obligation - to give 2.) Personal obligation - to do or not to do Article 1157 states the sources of obligation, an obligation arises from: 1.) Law - imposed by the law itself. 2.) Acts or omissions punishable by law - civil liabilities arise from criminal offense. 3.) Contracts - Agreement of both parties. 4.) Quasi-contracts - lawful, unilateral and voluntary acts 5.) Quasi- delicts - Arises from damages to another. Article 1158 refers to the legal obligation imposed by law. Law is not presumed to be demandable it should be expressly and provided by the law. Article 1159 pertained to obligations arising from contracts has the force of law between two parties and must observe compliance in good faith to prevent the advantage of one's party. Article 1160 refers to (1) Negotiorum Gestio or the voluntary management of property without the consent of another party. (2) Solutio Indebiti or the delivering of obligation by mistake. Article 1161 states the 3 civil liabilities 1.) Restitution ( returning the monitory value) 2.) Reparation ( paying damages) 3.) Indemnification ( paying other damages) Article 1162 define Quasi- delicts and five essential requisites 1.) Act or omissions 2.) Damaged cause 3.) Fault of Negligence 4.) The direct relation between act and damage 5.) No pre-existing contract Also, Article 1162 differentiate crime and negligence. Article 1163 states that the debtor must preserve the thing with the diligence of a good father ( ordinary care). Also, another party could stipulate another higher standard of care ( extraordinary care). Article 1164 refers to the rights of the creditor to own the fruits of the thing if the obligation has been perfected. Also, there are three kinds of fruits: 1.) Natural fruits ( w/o intervention of human labor) 2.) Industrial fruits ( w/ human cultivation or labor) 3.) Civil fruits ( derived from juridical relation) * Accessory always follow the principal * Article 1165 states the remedies of the creditor in case the debtor failed to deliver the obligation. Article 1166 differentiate Accessory ( needed by the principal ) from Accessions ( not necessary to the principal ) * Accessory always follow the principal and not the other way around. * Article 1167 was about the breach of a personal obligation (to do) in three different situations. Article 1168 was about the personal obligation ( not to do) if the debtor complies with the forbidden then it should be undone at his expense. Article 1169 clearly stated that if there will be no demand then there would be no delay. But there are 3 exceptions (when obligation or law provides, time is a controlling motive and when demand would be useless.) Also, ordinary delay(failure to perform on time) was differentiated from legal delay (delay that breach on contract.) There are 3 kinds of Delay: 1.) Mora solvendi 2.) Mora accipiendi 3.) Compensatio morae Article 1170 define the 4 grounds of liabilities 1.) Fraud ( deceit or dolo) * causal fraud ( dolo causante) * incidental fraud ( dolo incidente) 2.) Negligence 3.) Delay 4.) Contraversion of the terms of the obligation Article 1171 Responsibility arising from fraud is demandable in all obligations. Waiver for past fraud is valid while waiver from future fraud is void. Article 1172 refers to different kinds of negligence acc. to source of obligation 1.) Culpa contractual ( contractual negligence) 2.) Culpa Aquiliana ( civil negligence) 3.) Culpa criminal ( criminal negligence) Article 1173, expected diligence of a good father shall be required but has two exceptions (1) thing is genus (2) needs an extraordinary care Article 1174 stated the essential requisites of a fortuitous event for the debtor to not be liable. Article 1175 stated the requisites in recovering the interest (1) legal interest is 6% (2) you can stipulate any amount of interest as long as its not unconscionable. Article 1176, presumption can only be applied if (1) installments have been paid and (2) indicates the month of the payment Article 1177 referes to the 3 remedies of creditors if the obligation has the hope to be terminated. Article 1178 refers to the general rule that all rights were transmissible except for (1) prohibited by law and, (2) prohibited by both parties. Thank you po Atty.
CRUZ, REYANNE CLAUDETTE BSA-2B Good afternoon Atty. Reyes This is what I 've learned after watching this video. Article 1156 under the new civil code - an obligation is a juridical necessity to give, to do or not to do. - Obligation- one is bound o render something to another. - Juridical necessity- obligation must be fulfilled or performed otherwise there will be corresponding penalty for non compliance. Essentials Requisites of an Obligation - Passive Subject ( Debtor/Obligor) - Active Subject ( Creditor/Obligee) - Object/ Prestation - Juridical or Legal tie ( efficient cause) Kinds of Obligation Real- to give. - involves of delivery of something to another person. Personal- to do or not to do. - rendering some services. Sources of Obligation (Article 1157) -Law -Contracts -Quasi- contracts -Delicts -Quasi- delicts Article 1158 refers to legal obligations or obligations arising from law. They are not presumed because because they are considered a burden upon the obligor.
Claire Adduru (BSA-2B) I have learned the definition of Obligation which is in Article 1156, Obligation is a juridical necessity to give, to do, or not to do. The four requisites of obligation which is the passive subject or the debtor who is bound to perform the obligation, next Active subject or the creditor who is interested in performing the obligation, then Juridical tie which binds and connects both parties, lastly, the object which refers to the subject matter. Two kinds of Obligation Real obligation is to give then Personal obligation which is to do or not to do (positive/negative). Article 1157 The sources of Obligation are the following: Law, Acts/Omission of punished by law, Contracts, Quasi-Contracts, and Quasi-Delicts. Article 1160 Two kinds of quasi-contracts: Negotiorum gestio which means voluntary and without consent. Solutio indebiti refers to the payment by mistake Article 1158 If the law is assumed and expressed the obligation is demandable. If not assumed then it's not demandable. Contract has its force to law and all essential elements are present. The breach of contract or the violation makes the aggrieved party can go to court to seek redress of grievance. Compliance in good faith is the performance of obligation according to terms of the contract between parties. Article 1161 Criminal offenses shall be governed by penal laws. Civil Liabilities include imprisonment and fine payment. There are three civil liabilities, first is the Restitution means returning the value which can be stolen or lost. Next is Reparation meaning paying damages caused then Indemnification refers to paying other damages. Article 100 under the revised penal code: Every crime violation has a corresponding civil liabilities. Article 1162 Requisites of Quasi-Delicts -fault or negligence -acts or omission -damage caused Article 1163 Incidental duty to preserve a thing with ordinary care which is the (diligence of a good father of a family) why father? according to the Roman Law concept, only men will enter the contract in society. So to ensure the delivery of obligation and prevent the negligence of the debtor, parties can stipulate another standard of care. If this is not taken care of the obligation will be rendered - Nogatori Incidental duty if the obligation is to deliver objects or property. Default care- diligence of a good father to a family. Article 1163 Applies only if the object or property is specific and determinate Extraordinary care is the highest standard of care observed by carriers and banks. For example, common carriers are the public utilities that needed extraordinary care to protect the public on riding, same to the banks which is the integrity of the banking system. Private carriers are private vehicles. Two kinds of object -Specific or determinate which cannot be substituted. -Generic or indeterminate means class or genus, can be substituted. Article 1163 The debtor is not liable if failure to preserve the thing is due to fortuitous events which means an event that is not predictable if predictable then you cannot prevent it.
Gonzales, Karl Wilson M. 1 BSA - A Pamantasan ng Cabuyao After watching this video, I can say that I gained informations essential for my course. In the first chapter, I learned that according to Article 1156, an obligation is a juridical necessity to give, to do, or not to do. It became a juridical necessity because it is enforced by law, and non-compliance with it will result in a corresponding penalty. I also learned about the requisites of an obligation, which are the (1) passive subject, (2) active subject, (3) juridical tie, and (4) prestation/object. It was also through this video that I learned the 5 sources of obligations, which according to Article 1157 is the (1) Law, ART. 1158; (2) Contracts, ART. 1159; (3) Quasi-contracts, ART. 1160/2142; (4) Delicts, ART. 1161; and Quasi-delicts, ART. 1162/2176. I also learned about the Civil Liabilities, which includes the (1) restitution, (2) reparation, and (3) indemnification. For the second chapter, I learned that according to Article 1163, every person obliged to give something is obliged to take care of it with the proper diligence of a good father of a family and that the standard care, which is the proper diligence of a good father of a family should come with it (incidental duty). Throughout this video, I also learned about the two kinds of object which are (1) Specific/Determinate which means that it has sufficient particularity and it cannot be substituted; (2) Generic/Indeterminate which means that it is not particular and can be replaced (genus never perish). This video also tackled that if an object is lost due to a fortuitous event, the obligation is extinguished. If you will also give a determinate thing, its accessions and accessories shall come with it. I also learned about the ordinary delay and legal delay (default/mora) and its kinds. Stated also in the video are the 4 grounds of liability which are the (1) Fraud, (2) Negligence, (3) Delay, and (4) Contravention of the terms of the obligations.
After watching this video this are some lesson that I've learned in this topic Under Philippine civil code article 1156 obligation is a juridical necessity to give, to do or not to do" Obligation is bound to render something to another. Obligation not to give is also included in the obligation not to do Passive subject it is the debtor in the obligation, the debtor is the person who is bound to perform the obligation. Active subject this is the one who is interested in the performance of the obligation. Juridical tie is the legal relationship between the parties and connecting the parties together. There are 2 kinds of obligations One is the Real it is consists of obligation to give and involves delivery of something to another person. While Personal is consists of obligations to do or not to do and involves rendening some services. Article 1157 if you have committed to a certain acts or you refused to perform a certain acts which is required to be done by the law then the person committ criminal offenses. If you committed by crime you are under obligations in otherwise if its not stated by the law therefore there is no obligation. Article 1158 obligation that are provided by law are demandable, if the act is not in the law then there is no obligation Article 100 for every crime or all the violations has corresponding civil liabilities It include the Restitution it is the returning of the value Reparation is the paying of damages cause and last is Indemnification about paying other damages. Article 1163 Extra ordinary care is the highest standard of care observed by the common carriers and those are the public vehicle and also bank. Bank is one of having a highest standard of care because it involves integrity for keeping the deposits of general public Dana Charina E. Golosinda BSBA Hrm 3b Thankyou sir ☺️
Bariring, Jericho G. 1BSA - A Pamantasan ng Cabuyao This is the second time I've watched this video, the first thing I have learned in this General Provisions is the meaning of the obligation, which is one is bound to render something to another. It highlights in the Article 1157, that an Obligation is a juridical necessity to give, to do or not do. In case of non-compliance, the other party or the active subject has a power of the court to order the passive subject to comply with the obligation. Also, I learned that in Article 1157, the obligation arises from law, contracts, quasi-contracts, acts or omissions punished by law and quasi-delicts. Under contracts and quasi-contracts, he gives examples that a quasi-contracts is not a contracts but it came from lawful, unilateral and voluntary acts. It has two forms , the Solutio Indebiti and Negotiotum Gestio. While at the second part of the lecture, it presents and discussed the Article 1163 which is the incidental duty of an obligor to take care of the thing specific or generic with a diligence of a good father of a family unless the law or the stipulation of the parties requires another standard of care. He, then, discussed also the fruits of the thing to be delivered under Article 1164 and 1165. Also the accessory obligations and the compliance with the obligations are discussed in Articles 1166-1168. However, I also learned the obligations with regards to the delay of compliance or for the things to be delivered and the Articles 1169-1178 that summarizes the Fraud, Negligence, Fortuitous Events and the Remedies. Thank you for the learnings, Atty. Narciso Reyes. May God Bless you always!
Fenequito, Sofhia Jemilyn G. 1BSA - A Thank you sir for making a well-explained video discussion, it makes it easier to understand and digest the information that is included. Here are some key points that I have learned from this recorded discussion. • According to Arcticle 1156, an obligation is a juridical necessity to give, to do, or not to do. Obligation is bound to render something to another. • Requisites of obligation are the following; Passive subject is the Debtor, Active subject is the Creditor, Juridical Tie is the binds or connect parties, and lastly, the Object which is the subject matter. • There are two kinds of obligation, Real Obligation and Personal Obligation. Real Obligation is “to give” while the Personal Obligation is “to do or not to (positive or negative)”. • Under Article 1157, obligation arises from: - Law which is imposed by law. - Acts or Omissions punished by law means the criminal offenses. - Contracts which are based on agreement. - Quasi-contracts is a juridical relation resulting from lawful, unilateral and voluntary act. - Quasi-delicts which arises from damages. • Sources are classified as Law and Private Acts. There two sub-category of Private Acts which are Licit-contracts or quasi-contracts and Ilicit-delicts or quasi-delicts. • Under Article 1158, Expressed or Assumed Laws are Demandable while Not Assumed Laws are Not Demandable. • Contract has its force of law. All essential elements are present. Breach of contract or violation. • Compliance in good faith means performance according to terms of contract between parties. • Quasi-Contracts are Lawful, Unilateral, and Voluntary Act. • Under Article 1160, Negotiorum Gestio means voluntary, without consent while Solutio Indebiti means received by mistake, return to the owner. • Criminal offenses shall be governed by penal laws. • Under Article 1161, Civil Liabilities includes: - Restitution means returning the value - Reparation means paying damage cause - Indemnification means paying other damages • Under Article 1162, Quasi-dilects cause damages to others without contract. • Still under Article 1162, Requisites of quasi-dilects: - Fault or Negligence, there is direct relation. - Act or Omission, there is no pre-existing contract. - Damaged Caused, there is no pre-existing contract. • According to Article 1163, it is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. • Extraordinary care means highest standard of care observed by the common carriers and bank. • Law imposed the standard of care, therefore, parties cannot stipulate that there should be no standard of care because obligation will become useless since there is no obligatory forces. • Debtor is not liable if failure to preserve the thing is due to a fortuitous event.
Aggabao, Princess Joy B. 1BSA- A Pamantasan ng Cabuyao Good day Atty. After watching your video lecture I was able to memorize and understand the general provisions and also the nature and effects of obligation. Article 1156 states that an obligation is a juridical necessity to give, to do and not to do. An obligation is a juridical necessity because that obligation must be fulfilled or perform otherwise in case of noncompliance there is a corresponding punishment or consequences. And if the obligation has not been performed or violated, then it gives the other party a remedy to go to court and ask for a particular relief. Article 1157 where the obligation arises from: 1. Law (ART 1158 states that an obligation is not presumed, therefore If a law does not require a certain thing to do, nor to provide then there is no obligation to give, to do and not to do. 2. Contracts (ART 1159 A contract is not promulgated by the state it is made between the parties, but still it is a binding force because the contract is the law between parties) 3. Quasi-contracts (ART 1160 It is almost but quite a contract because there is no meeting between parties and there is no consent. This arises because the law considered it already even though there is no prior agreement) 4. Acts/omission punishable by law (ART 1161 If you have done something like crimes/delicts there is a corresponding civil liabilities arising from what you have done even though it is not part of your intention. Still you are civilly liable for the material damage you cause.) 5. Quasi-delicts (ART 1162 Obligation arises from damage cause to another through an act or omission without contract) The Nature and Effects of Obligations Article 1163 talks about the incidental duties of the debtor to take care, the duty comes with it. It is to preserve a thing with ordinary care or with a diligence of a good father of the family, to ensure the delivery and prevent negligence of the debtor. Article 1164 the rights of the creditor to the fruits. Where real right(right to use to prevent others from using it) will be acquired upon the delivery, meaning the right that he/she have when they give birth to a contract it is only personal right(a right to make someone perform some act or prevent someone from performing it) The ownership is transferred at the time when the terms and conditions of their agreement has been perfected. Fruits: Natural, Industrial and Civil Article 1165 talk about the remedies of the creditor in real obligation, states that the creditor has granted a right or power to compel the debtor to make delivery. But it cannot use violence and force it must bring to the court so that the court will be the one to order the delivery. “ACCESORRIES FOLLOWS THE PRINCIPAL” art. 1166 All accessions and accessories are considered to be included in the obligation to deliver in a determinate thing although they may not have been expressly mentioned this is because of the principle that accessory follows the principal. Accessions is not necessary to the principal thing but accessory do. But both accessions and accessory can exist only in relation to the principal thing. Article 1167 the breach of a positive personal obligation In this case the question that we have in mind is if that is what happened where he did not perform any obligation or he performs it but contrary to the terms and was poorly done, so what are the remedies of the creditor in this positive personal obligation which is to do: 1. To have the obligations to performed by himself (creditor), or by other, unless personal considerations are involve and of course at the expense of the debtor. - If the debtor did not comply the creditor can do the performance by himself. And if he will do it by himself all the expenses that he will incur in performing which was supposed to be done by the debtor then it should be at the debtor’s expense. - All the expenses will be shoulder by the debtor himself. 2. To recover damages - The debtor performs an obligation to do but contrary to the terms thereof or the same is poorly done then it can be ordered by the court that it be undone if it is still possible to undo what has done. - What has been poorly done should be undone but of course at the expense of the debtor. • Specific performance is not applicable, it cannot be ordered in a personal obligation performance to do since this would be violative of the debtor’s constitutional right against involuntary servitude. - it is contrary to what the constitutional provides ARTICLE 1168 - is about the breach of a negative personal obligation “Obligations not to do: and the obligor does it, it may undone but at the expense of the debtor. Because if the obligation consists in not doing and the debtor does what forbidden him, it shall be undone at his expense.” “NO DEMAND NO DELAY” ART 1169 There are three kinds of delay; Mora solvendi, Mora accipiende and compensation Morae NO DELAY AT NEGATIVE PERSONAL OBLIGATION - obligation not to do, if he did it, still no delay but only violation. ART 1170 four ground of liability 1. Fraud (waiver for future fraud is void while in past faud it is valid Art 1171) 2. Negligence (waiver on negligence is valid the standard of care is ordinary care or proper the diligence of a good father of the family, refers to culpa contractual At. 1172) 3. Delay (art 1169 4. Contravention of the tenor thereof are liable for damages Art 1174 Requisites of a fortuitous event If the thing is destroyed/lost due to fortuitous event the obligation is extinguished. Article 1178 states that all rights are transmissible. All right may be transferred except prohibited by law and in stipulation of the parties. Again thank you so much Atty. for this lesson
Fernandez, Patricia Jainah M. 1BSA-A Good Day, Atty. I would like to thank your for uploading videos that helps us learn and get to know more the Law on Obligations and contracts that would help us for building the knowledge in the time the students you teach would face the world and become successful CPAs. Here’s what I’ve learned from General Provisions: -Article 1156: An obligation is a juridical necessity to give, to do or not to do. It states that obligation is a requirement to do what is imposed by law. It is to render service and deliver something. The obligation must be fulfilled or there would be a corresponding penalties for non-compliance. -Article 1157:Obligations arise from:law, contracts, quasi-contracts, act or omission punished by law and quasi delicts: There are five sources of an obligation:law is imposed by the law itself, contracts arise from the stipulation of the parties, quasi-contracts arises from lawful,unilateral and voluntary acts, act or omission punished by law came from civil liability and lastly, quasi delicts arises from the damage caused by an act or omission. -Article 1158:Obligations derived from law are not presumed. Only those expressly provide in the code or special laws are demandable. It is imposed by law and provides for obligation. Legal obligations are not presumed because they are considered as a burden upon the obligor. -Article 1159: Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Contract is a meeting of minds between two persons whereby one binds himself with respect to another to give something or render service. The contract must be valid and enforceable and not contrary to law, morals, good custom, public order and public policy. It must be observed so that no one should take advantage of another. -Article 1160: Obligations derived from quasi contacts shall be subject to the provisions of Chapter 1, Title 17 of this book. Quasi contracts results from lawful, unilateral and voluntary acts that no one will be unjustly enrich at the expense of another. It has a consent of law. It has two kinds:Solutio Indebti and Negotiorum gestio. -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, Preliminary Title on Human Relations and of Title 18. Every person criminally liable is also civilly liable but not every person who is civilly liable is criminally liable. The scope of civil liability is restitution, reparation and indemnification. -Article 1162: Obligations derived from quasi delicts shall be governed by the provisions of Chapter 2, Title 18 of this book and by special laws. Quasi delicts are damages caused by an act or omission, having fault or negligence and there’s no pre existing contracts between the two parties. -Article 1163: Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or stipulation of the parties requires another standard of care. It only applies to specific or determinate things only. The debtor should preserve the thing, deliver the fruits of the thing, deliver the accessions and accessories, deliver the thing itself and answer for damages in case of non-fulfillment. -Article 1164: The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. This only applies to specific real obligation. The creditor is entitled to the fruits of the thing to be delivered from the time the obligation to make delivery arises. -Article 1165: When what is to be delivered is a determinate things, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for fortuitous event until he has effected the delivery. It applies only to determinate thing. A debtor is exempted from liability if his non-compliance is due to a fortuitous event. -Article 1166: The obligation to give a determinate thing includes that of delivery of all its accessions and accessories, even though they may not have been mentioned. In specific real obligations, all accessions and accessories must be delivered as well. Exclusion of accessions is the thing and not the general rule. Accessory and principal thing must go together. -Article 1167: If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.The debtor fails to perform an obligation to do and because of that the creditor has the right to recover damages. Or the obligation may be performed by third person at the expense of the debtor. -Article 1168: When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Debtor cannot be guilty of delay and as the remedy of the obligee is the undoing of forbidden thing plus damages. -Article 1169: Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. From the moment one of the parties fulfills his obligation, delay by the other begins. There are 3 effects of delay: Mora Solvendi, Mora Accipiendi and Compensatio morae. -Article 1170: Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.It is the voluntary breach of obligation. There are grounds for liability: fraud, negligence, delay and contravention of the terms of the obligation. -Article 1171: Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. It refers to incidental fraud and can be demanded with respect to all kinds of obligations. It includes the waiver of action for future fraud which is void and for past fraud which is valid. -Article 1172: Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. In negligence, the court may mitigate the amount of damages to be awarded. When both parties to a contract are negligent in the performance of their respective obligations, the fault of one may cancel or neutralize the negligence of other. There are 3 kind of negligence:contractual, civil and criminal. -Article 1173: The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, of the time and of the place.Negligence is a question of fact. Damages is the money compensation for the penalty given to the party who committed fault. -Acticle 1174: Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.Fortuitous events are impossible to foresee or impossible to avoid. It can be act of man or act of God. -Article 1175:Usurious transactions shall be governed by special laws It is legally non existent and to recover interest-it must be expressly stipulated. Must be in written form and the interest must be lawful. -Article 1176:The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. Presumption cannot prevail over a proven fact. Normally, payment of interests precedes payment of the principal, in addition, usual business practice is that prior installments are first liquidated. -Article 1177: The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them.There are remedies for the creditors to satisfy their claims such as, the creditors can either pursue the property of the debtor or the creditor can ask the court of justice to enforce the performance that is entitled to be fulfilled. -Article 1178: Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. It is prohibited by law, by which the rights are purely personal in character and by stipulation of the parties, it means that the obligation shall be void and it must be clearly proved.
GUTANA, JESSANIENNE G. BSMA 2A Thanks for the video sir.These are the key points I've learned in this video. Article 1156 An obligation is a juridical necessity to give, to do or not do. Obligation-one is bound to render something Juridical necessity-the obligation must be fulfilled or else there will be corresponding penalties for non compliance to give-the delivery of something to do-the performance of an act not to do- not to perform a certain act Requisites of obligation Passive subject- who is bound to perform the obligation (debtor) Active subject- who is interested in the performance of obligation (creditor) Juridical tie-a legal relationship between the parties Object-subject matter in obligation 2 kinds of obligation Real and personal Article 1157 Sources of obligation •Law •acts or ommision punished by law •contract •quasi contract •quasi delicts Article 1158 If particular act has not been ordered by law then such obligation is not presumed to exist. Article 1159 Compliance in good faith means performance according to terms of contract between parties. Compliance in good faith means to perform obligation according to the term and condition of contracts. Article 1160 Quasi contract is not a contract but because of lawful, unilateral and voluntary then there create an obligation Article 1161 Criminal offenses shall be governed by penal laws. Article1162 Quasi delicts-cause damages to others without consent. Article 1163 "Deligence of a good father of a family is the standard care." Need a incidental duty to take care the property. Article 1163 will apply only if the object of obligation is specific or determinate. It will not apply if the object is generic or indeterminate. Article 1164 Different kinds of fruits Natural,Industrial and Civil fruits Personal right- enforceable against a particular person Real right- enforced directly against the world Article 1165 General rule:If the thing is lost or distorted due to fortuitous event the obligation is distinguish. Article 1169 "No demand, No delay" Ordinary delay- failure to perform an obligation on time Legal delay- delay that results in breach of contract Kinds of delay Mora solvendi, Mora accipiende and compensation morae No delay in negative personal obligation
Bsba-Hrm 3A These are some key points i have learned in this video. In chapter 1 is all about obligation! The first aticle is article 1156 is an obligation is a juridical necessity to give, to do or not to do. Means that the court may be asked to order the performance of an obligation if the debtor does not fulfill it. There are requisities of obligation. First is passive subject (debtor) is a party bound to performed obligation next is active subject (creditor) one who interest in the performance of the obligation. Next is juridical tie bindbto connect the parties. Last is object is subject matter. There are kinds of obligation real and personal in short is to give and to do or not to do involves rendering some service. In Article 1157 There are 5 sources - law rule of conduct just obligatory. Imposed by law - Act of omission punished by law, criminal offenses - Contracts are covenant entered into by private individual and private aggreements. Based on agreement. - Quasi contracts is not a contract but there exists a juridical relation. A juridical resulting from lawfull, unilateral and voluntary act. - Quasi Delicts is arises from damages. You said earlier if you committed certain act or you refuse to perform a certain act which required to be done by the law then you commit criminal offenses which is also a source of an obligation. I'm a little bit shock but it is true. Your a great prof. Sir. In Article 1158 In this article is not ordered by law or has not been expressly provided by law then such obligation is not presumed to exist. Law is assumed/expressed and not assumed. Demandable/ not demandable. In article 1160 2 kinds of quasi contracts is negotiorum is voluntary, without consist. And solutio indebiti is recieved by mistake, return to the owner. Article 100 of the revised penal code every crime, all criminal violation has a corresponding civil liabilities. Civil liability is pertaining to imprisned men. In Article 1162 Quasi delicts cause damagesto others without contract. Chapter 2 is all about nature and effect of obligation Article 1163 the best explantion ( diligence of a good father of a family) Under is extraordinary care example is public utilities and public jeep and buses is a common career. Article 1163 apply only specifics object. Article 1164 real right is what acquired upon delivery, while ownership is tranferred from the perfection of the contract. That all in this lesson. Thank so much sir 😊
Baysac, Rosalinda R. BSBA-HRM3A I learned a lot of information about this topic. ▪Article 1156- An obligation is a juridical necessity to give, to do or not to do. •Obligation means one is bound to render something to another. •Juridical Necessity that means that the obligation must be fulfilled or performed otherwise there will be corresponding penalty for non compliance and also it means that if the obligation has not been performed or if the obligation must violated then it gives the other party a remedy to go to court. ▪Article 1157 Sources of Obligation are •Law- imposed by law •Committed Certain Act- Criminal Offenses •Contract- Based on Agreement •Quasi Contract- A juridical relation resulting from lawful, unilateral and voluntary act •Quasi Delicts- Arises from damages ▪Article 1158- these obligations which one expressly provided by law or demand. Compliance in good faith means performance according to terms of contract between parties. ▪Article 1160 Quasi-Contracts •Lawful •Unilateral •Voluntary Act Quasi-Contracts •Negotiorum Gestio- Voluntary without Consent •Solutio Indebiti- Received by Mistake return to the owner Criminal Offenses- shall be government by penal laws. ▪Article 1161 Civil Liabilities Includes •Restitution- returning the value •Reparation- paying damages cause •Indemnification- paying other damages ▪Article 1162 Quasi-Delicts -cause damages to others without contract (Requisites of quasi-delicts) •fault or Negligence- direct relation •Act or Omission- no pre-existing contract •Damaged caused- no pre-existing contract ▪Article 1163- it is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor for the more partied can stipulate another standard of care. Thank you sir.
Rodas, Mary Joy B. 1BSA-B Thank you for the video lecture, Atty.! Here are the things I've learned: Article 1156. An obligation is a juridical necessity to give to do or not to do. Article 1157. Obligations arises from: 1.Law 2.Contracts 3. Acts or omissions punished by law 4. Quasi-contracts We have two kinds of quasi contracts negotiorum gestio and solutio indebiti 5. Quasi-delicts Article 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws. Criminal liabilities are punished by imprisonment or fine Civil liabilities are punished by return or payment of property Civil liabilities includes; restitution, reparation and indemnification Article 1162. Fault or negligence it is a direct relation Acts or omission there is no pre-existing contract Damage caused there is no also the existing contract Chapter 2 Nature and Effects of Obligations Article 1163. Every person is obliged to give something, is also obliged to take care of it with proper diligence of a good father of a family and less the law or the stipulation of parties requires another standard of care. Diligence of a good father is the standard care Extra ordinary care is the highest standard of care observed by the common carriers and bank Specific or determinate is a thing that physically segregated others of the same class and it cannot be substituted Generic or indeterminate refers to a class or genus which it pertains to and it cannot be pointed out with particularity. It can be substituted Article 1164. We have three different kinds of fruits Natural fruits are products of soil and of young the animals without the intervention of human labor example grass Industrial fruits produced by land through human cultivation or labor example sugarcane vegetables strawberries Civil fruits drive by virtue of a juridical relation example rents of building Personal right right or power off the creditor against a passive object Real right right or interest of creditor over a specific thing without definite passive subject 3 essential requisites on the perfection of the contract; consent, object, payment of consideration Article 1165. General rule if the thing is lost or destroyed due to fortuitous event the obligation is extinguished Article 1166. Accessions fruits of the thing or additions to or improvements upon a thing the principal Accessories are included with the principal thing for the latter's embellishment for better use or completion “Accessories follows the principal” Article 1167. This article is about the breach of a personal obligation If a person obliged to do something fails to do it the same shall be executed at his cost Article 1169. Delay that result in breach of contract Ordinary delay is merely the failure to perform an obligation on time there is no punishment Legal delay or default or mora is the failure to perform an obligation on time which failure constitutes a breach of the obligation Kinds of delay or default Mora solvendi fault by the debtor Mora accipiendi fault of creditor Compensation morae both parties fault Article 1170. Four grounds of liability Fraud (deceit or dolo) deliberate or intentional evasion of the normal fulfillment of an obligation Dolo casuante or casual fraud- fraud upon perfection or commencement of the contract Dolo incidente or incidental fraud- fraud in the performance of the obligation Negligence or fault or culpa voluntary act or omission there being no bad faith or malice Delay Contravention of the terms of the obligation Article 1171. Responsibility arising from fraud is demandable in all obligations any waiver of an action for future fraud is void. Only incidental fraud contract is still demandable Article 1172. Three kinds of negligence Contractual negligence/ culpa contractual Civil negligence/ culpa aquiliana Criminal negligence/ culpa criminal Article 1173. Fault or negligence the following factors must be considered Nature of the obligation Circumstances of the person Circumstances of the time Circumstances of the place Article 1174. Fortuitous event distinguish from force majeure Acts of man Acts of god Kinds of fortuitous events are ordinary fortuitous events and extra ordinary fortuitous events Article 1175. Usurious transactions shall be governed by special law Presumption which cannot be contradicted Disputable a rebuttable presumption one of which can be contradicted
Francisco, Yvonne Lee R. 1 BSA - B After I watched this video, I've learned various things like in our Civil Code, we have provisions there that ignorance of the law excuses no one from compliance therewith. In other words, there is a conclusive presumption that all persons know the law and that the absence of knowledge does not excuse a person from his violation or transgression of the law. It is not allowed that a person to allege that he is not aware of what the law is. In fact, even if you are not aware of the law as long as that law has been published or promulgated, it will have to be binding, or it will take effect as a matter of course. Moreover, there is a hierarchy of the courts from Supreme Court, the highest court, Court of Appeals, Regional Trial Court, and the lowest court, the Municipal Trial Court or Municipal Circuit Metropolitan Trial Court. In the general provisions, under Article 1156, an obligation is a juridical necessity to give, to do, or not to do. It means one is bound to render something to another. An obligation must be fulfilled or performed, otherwise, there will be a corresponding penalty for non-compliance. It means that if the obligation has not been performed or the obligation was violated, it gives the other party or the aggrieved party a remedy to go to court and ask for particular relief. He can invoke the power of the court to order the other party to comply with the obligation. However, the obligation not to give was not included in the definition provided by law because it is actually included in the obligation not to do. And in every obligation, there is always the presence of a passive subject the party or person who is bound to perform the obligation (debtor). On the other hand, the active subject is the one who is interested in the performance of the obligation (creditor). The juridical tie is what binds or connects the parties. This is the legal relationship between the parties. The object is the subject matter in an obligation. Under Article 1157, obligations arises from law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. Article 1158 pertains to those obligations which are expressly provided by law are demandable. It means that a particular act not ordered by law or has not been expressly provided by law is not presumed to exist. Apart from that, Article 1159 talks about contracts and compliance in good faith. And Article 1160 talks about quasi-contracts which means a juridical relation resulting from a lawful, unilateral, and voluntary act. There are two kinds of quasi-contracts: negotiorum gestio and solutio indebiti. Moreover, Article 1161 talks about criminal offenses and civil liabilities like restitution, reparation, and indemnification. Under Article 1162, it speaks about quasi-delicts or torts. Additionally, in the nature and effect of obligations, Article 1163 talks about the diligence of a good father of a family. If the obligation consists of giving a specific property, then the law gives the incidental duty. The diligence of a good family is the standard care or ordinary care. If a person who is obliged to give something, is not obliged to take care of that object or thing, the obligation will be rendered nugatory. There is also extraordinary care which is the highest standard of care observed by the common carriers and bank. However, Article 1164 speaks about acquiring real rights upon delivery of a thing. There are three kinds of fruits: natural, industrial, and civil fruits. Under Article 1165, it states that the creditor's remedy in case of real obligation is to recover ownership or recover possession of the property. Article 1166 talks about accessions and accessories. However, Article 1167 is about the breach of a personal obligation. And under Article 1168, when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Under Art.1169, there is the principle of no demand, no delay. There are three kinds of delay: mora solvendi (fault of the debtor), mora accipiendi (fault of the creditor), and compensation morae (both parties have incurred delay). Article 1170 talks about four grounds of liability: fraud, negligence, delay, and contravention of the terms of the obligation. And under Article 1171, responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. On the other, in Article 1172, the responsibility arising from negligence is also demandable. There are three kinds of negligence according to source of obligation: contractual negligence (culpa contractual), civil negligence (culpa aquiliana), and criminal negligence (culpa criminal). Furthermore, Article 1173 speaks about fault or negligence. If the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. Article 1174 is about a fortuitous event. The obligation is extinguished if the loss of the thing is due to a fortuitous event. Moreover, Article 1175 talks about usurious transactions. The payment of interest becomes due only if the parties have expressly stipulated for the payment of interest. There must be a written agreement and the interest must be lawful. Article 1176 is about presumptions. It is presumed that the prior installments are already paid even without its receipts even there are later installments. Article 1177 states that the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims. Lastly, Article 1178 talks about the transmissibility of rights. According to its general rule, all rights are transmissible except if it is prohibited by law and prohibited by the parties' stipulation. Thank you Atty. for this meaningful lecture. You made it easy for us to understand it because of the summary you provided. The knowledge you share will always be remembered.
Alotiot, Ellaine V. BSA- 2A Knowing different rights and acts to be done is one of the most essential thing when you are bound or oblige to something/ someone. From this episode, here are some key points that I've learned. An obligation is a juridical necessity to give, to do or not to do it is written under the Article 1156. Requisites of Obligation: Passive Subject- Obligor/ Debtor Active Subject- Obligee/ Creditor Juridical Tie- Bind or connect parties or legal relationship between the parties. Object (Prestation) - Subject matter of obligation. Kinds of Obligation Real- Obligations to give Personal- To do or not to do Article 1157 Obligation arise from: (Sources of Obligation) 1. Law- Rule of Conduct just in Obligatory promulgated by the competent authority for the observance of common good or imposed by law. 2. Act or omissions punished by law- arise from civil liabilities or criminal offenses. 3. Contracts- Agreement between two individuals. 4. Quasi-Contracts - Juridical relation resulting from Lawful, Unilateral, and Voluntary act. Article 1158 Law *Assumed/Expressed - Demandable *Not assumed - Not demandable Article 1160 Quasi-Contracts - a juridical relation resulting from lawful, unilateral and voluntary act. Article 1162 Quasi- Delicts - arises from damages Article 1163 It is an incidental duty to preserve a thing with ordinary care to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. Article 1164 Real right is what acquired upon delivery, while ownership is transferred from the perfection of contract Article 1165 Remedies of creditor in real obligation is to recover ownership Article 1166 Accessions - fruits or addition of improvements Accessories - thing included to the principal for better use or completion. Article 1167 This is about breach of personal obligation. Article 1168 When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1169 Reciprocal obligations "No demand, No delay" Article 1170 1. Fraud (deceit or dolo) a. Dolo Causante ( Casual fraud) b. Dolo Incidente ( Incidental fraud) 2. Negligence (fault or culpa) 3. Delay or mora 4. Contravention of the terms of the obligation Article 1171 Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. Article 1172 Kinds of negligence according to source of obligations 1. Contractual negligence (Culpa Contractual) 2. Civil negligence (Culpa Aquilana) 3. Crime negligence (Culpa Criminal) Article 1173 If the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. Article 1174 General rule: Obligation is extinguished if the loss of the thing is due to a fortuitous events Article 1175 Requisites of recovery interest: 1. Payment of interest is expressly stipulated 2. Written agreement 3. The interest must be lawful Article 1176 It is presumed that the prior installments are already paid even without its receipts even there are later installments. Article 1177 Remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims Article 1178 General rule: All rights are transmissible. Exceptions to this rule are the following: 1. Prohibited by law. 2. Prohibited by stipulation of the parties. Thank you Atty. Reyes. God bless!
Cayabyab, Syra Ellaine 1 BSA - B Thank you Atty. Here are some of my takeaways after watching the video lecture. Article 1156 An obligation is a juridical necessity to give, to do or not to do. > It is a juridical necessity for in case of non-compliance, then the aggrieved party may demand for its fulfillment to the court. > Not to give isn't included because it is somehow included to the prestation not to do. ♡ Requisites of an obligation ♡ Kinds of Obligation ♡ Sources of an Obligation -> Law -> Contracts - meeting of minds between two persons -> Quasi Contracts - juridical relation resulting from LUV (lawful, unilateral, and voluntary) act by virtue whereby one binds himself with respect to the other to the end that no one shall be unjustly enriched or benefited at the expense of another. -> Crimes (Acts or Ommisions punished by law) -> Quasi Delict - An act or omission of a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for damage done Article 1163 A person obliged to give something is also required to take care of it with a proper diligence of a good father of a family unless the law or stipulations of the parties requires another standard of care. (applies only if the obligation is specific or determinate) ♡ Diligence of a good father of a family - ordinary care or default standard of care > not diligence of a mother because law on obligations and contracts is derived from that of Roman's wherein during those times, only male are allowed to enter into a contract. ♡ Fortuitous Events - events that are unforeseen or even if forseen, are inevitable. ♡ Deliver the fruits of a thing > Natural Fruits - spontaneous products of soil and the young of any animals, without the intervention of the human labor. > Industrial Fruits - produced by land through human cultivation or labor > Civil Fruits - derived by virtue of juridical relation ♡ Deliver the accessions and accessories of the thing ♡ Deliver the thing itself ♡ Answer for damages in case of non fulfillment or breach
Bernabe, Kristine May A. BSA- 2A These are the key learning I’ve learned while watching the video: ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do. The term obligation means tying or binding, it says that one is bound in favor of another to render something, and this may consists in giving a thing, doing a certain act, or not doing a certain act. Obligation is a juridical necessity because if the debtor didn’t comply with the creditor, the court of justice may be called upon to enforce its fulfillment. ARTICLE 1157. -Law. When they are imposed by itself -Contracts. When they arise from the stipulation of the parties. -Quasi-Contracts. When they are arise from Lawful, Unilateral and voluntary. -Quasi-Delicts. when they arise from damages caused to another through an act or omission. ARTICLE 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or stipulation of the parties requires another standard of care. -specific thing -generic thing Different kinds of fruit -natural fruits -industrial fruits -civil fruits Personal right- it is the right or the power of a person (creditor) to demand from another (debtor). Real right- is the right or interest of a person over a specific thing.
Catherine Goboleo BSMA 2a Good evening these are the key points that I've learned today. Art. 1156 -An obligation is a juridical necessity to give, to do, or not to do. To give - the delivery of a thing To do - to perform an act Not to do - prohibition of an action Requites of obligation 1. Passive Subject - debtor who is bound to perform an obligation. 2. Active Subject- Creditor, the one who is interested in the performance of the obligation 3. Juridical Tie - the legal relationship between the parties 4. Object - the subject. There are 2 kinds of obligations; Real and Personal Under the New Civil Code Article 1157 Obligation arises from -Law -Acts or Omissions punished by law -Contracts -Quasi Contracts -Quasi Delicts ARTICLE 1158 - Obligations that openly expressed by the law are demandable. No law, no obligation. "COMPLIANCE IN GOOD FAITH" in relation to contracts means performance according to terms of the contract between parties. ART. 1160 QUASI - CONTRACTS -Lawful -Unilateral -Voluntary Act NEGOTIURUM GESTIO - Voluntary, without consent SOLUTIO INDEBITI - Received by mistake, return to the owner ART. 1161 CRIMINAL OFFENSES - Shall be governed by penal laws. ART. 1161 CIVIL LIABILITIES includes: RRI Restitution Reparation Indemnification ART. 1162 QUASI - DELICTS Cause damages to others without a contract. REQUISITES OF QUASI - DELICTS FAD - Fault or negligence - Act or Omission - Damaged Caused ART. 1163 It is an incidental duty to preserve a thing with ordinary care (diligence of good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. Ordinary Care - Diligence of a good father of a family Extraordinary Care - Highest Standard of care observed, usually in a banking establishment or a public utility vehicle. Art. 1164 A real right is what acquired upon delivery, while ownership is transferred from the perfection of the contract. Civil Law Principle: Accessory follows the Principal. The obligation to deliver fruits (natural, industrial, & civil fruits) arises when: Time of the perfection of the contract, an obligation is subject to a suspensive condition, contract of sale, and from law quasi-contracts, delicts and quasi-delicts. ART. 1165 SPECIFIC REAL OBLIGATION CAN DEMAND A. Specific performance of obligation + indemnity B. Rescission + Recovery of Damage C. Payment of damage ART. 1166 ACCESSIONS - Fruits or additions or improvements ACCESSORIES - Things included/attached to the principal for better us or completion General Rule: Accessory follows the principal. ART. 1167 This article is about the breach of a personal obligation - Specific performance is not applicable since this would be violative of the debtor's constitutional right against involuntary servitude. - Obligations not to do: and the obligor does it, the creditor may have it undone at the expense of the debtor. Art. 1168 When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Art. 1169 In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by other begins. (Compensatio Morae) NO DEMAND, NO DELAY. Exceptions: When the obligation or law provides like payment of tax, Time is a controlling motive, and when the demand is useless. "NO DELAY IN NEGATIVE PERSONAL OBLIGATIONS" "WHEN BOTH PARTIES ARE ALREADY IN DELAY, THERE IS NO DELAY" - Rule of equity. ART. 1170 4 GROUNDS OF LIABILITY 1. Fraud a. Dolo Causante b. Dolo Incidente 2. Negligence 3. Delay 4. Contravention of the terms of an obligation ART. 1171 Responsibility arising from fraud is demandable in all obligations. Any waiver of an action foe future fraud is void.(1102a) Art. 1172 Kinds of negligence accrdg. to sources of obligation. 1. Contractual Negligence (Culpa Contractual) 2. Civil Negligence (Culpa Aquiliana) 3. Criminal Negligence (Culpa Criminal) ART. 1173 If the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. ART. 1174 Requisites of a fortuitous event. 1. Independent of a human will or at least of the debtor's will. 2.The event could not be seen or if foreseen, is inevitable. 3. Impossible for the debtor to comply with his obligation in a normal manner. 4. There is no concurrent negligence on the part of the debtor. ART. 1175 Requisites of recovery of interest. 1. Payment of interest is expressly stipulated for the payment. WRITTEN AGREEMENT Central Bank Circular No. 799 -When there is no stipulated interest, the legal interest SHALL BE 6% Central Bank Circular No. 905 - Free to stipulate any amount of interest as long as it is not considered "iniquitous or unconscionable" - ART. 1229 2. Written Agreement 3. The interest must be lawful ART. 1176 It is presumed that the prior installments are already paid even without its receipts even there are later installments. The presumption will be only applied if: 1. The prior installments have been paid. 2. Only if the receipt indicated which month the payment is being made for. Art. 1177 GENERAL RULE: All rights are TRANSMISSIBLE. Rights may be transferred. Art. 1178 EXCEPT: 1. Prohibited by Law 2. Prohibited by the Parties' stipulation. Stay safe
Uy, Joselle Angelu 1BSA-A Pamantasan ng Cabuyao Watching this video many times can help you to gain more knowledge about Law on Obligation and Contracts and these are my takeaways: Article 1156. An Obligation is a juridical necessity to give, to do or not to do. It is said that an obligation is juridical necessity, because in some case of non-compliance the court of justice may be called upon by the aggrieved party to enforce its fulfillment or in default thereof the economic value represents and also if the obligation is not fulfilled there will be a corresponding legal consequences or penalties. Article 1157. This discusses about the sources of obligation (Law, Contracts, Act or ommission, Quasi-contracts and Quasi-Delicts. Article 1158. Obligation derived from law are not presumed. They are not presumed because they are considered a burden upon the obligor. It says that if the law is clearly expressed or assumed then it is a demandable and if the law is not expressed or not assumed then it is not demandable. Article 1159. Is all about Contracts. According to the Article 1305 of the Civil Code, Contracts is a meeting of minds between two persons, whereby one binds himself with respect to other, to give something or to render some service. Compliance in good faith means performance according to the terms of contract between parties. Article 1160. Obligation arising from quasi-contracts or implied in the law. There are two kinds of Quasi-contracts, the first one is the negotiorum gestio means it is an voluntary management of property without the knowledge or consent of the latter and second is solutio indebiti meaning it is received by mistake, you should return it to the owner. Article 1161. Civil Obligations arising from criminal offenses shall be governed by penal laws. According to Article Code 100, Every person criminally liable for a felony is a civil liabilities. The Scope of Civil Liabilities are: •Restitution means returning the value. •Reparation meaning paying the damage cause and- •Imdemnification it is paying the other damages. Article 1162. Quasi-Delicts -obligation to pay for the damage done, includes not only injuries to person but also the damage in the property. Whoever act or crime causes damages to another, there being fault or negligence is obliged to pay for the damage done. Article 1163. It is incedental duty to the reserve a thing with ordinary cre to ensure the delivery if an obligation and prevent negligence of the debtor. When we say extraordinary care it is the highest standard of care observed by the common carriers (public utilities) and bank (financial institutions). We must not forget the “genus nunquam perit” means genus never perishes. Article 1164. Kinds of fruits are Natural Fruits, Industrial Fruits, and Civil Fruits. Accessory follows the principal. Article 1169. Delay (mora) it is the failure discharge of duty on due date. No demand, no delay. There is no delay in negative personal obligation. Kinds of delay •mora solvendi •mora accipiendi •compensatio morae Under the Article 1170 there are 4 Grounds of Liability 1. Fraud (deceit or dolo) 2. Negligence 3. Delay 4. Contravention of the terms of the obligation covers all form of violation All in all, the lesson that gives me the most impact is that the “Ignorance of the law excuses no one from compliance.” That’s why the Law is promulgated, so that all persons must know what the law is and be knowledgeable. And as a general rule under Article 1178, all rights are transmissible. Thank you.
Laya, Voltaire Lau G. 1BSA-A Good day Attorney Reyes, thank you for this lecture video, in which I learned that an obligation is a juridical necessity to give, to do, or not to do, and of course we must memorize this by heart and always remember it. Also, it came from the Latin word “Obligatio” meaning tying or binding since one is bound to give, to do, or not to do. Obligation is a juridical necessity since in case of non-compliance, the creditor can take legal action to the court of justice so that they can enforce the debtor to comply with their obligations. The requisites in an obligation are the debtor also known as passive subject or obligor, and the one who is bound to fulfill something. The creditor also known as active subject or obligee, one who has a right to demand the fulfillment of the obligation. Object or prestation which is the conduct required to be observed by the debtor. Lastly, the juridical or legal tie which binds the parties to an obligation. Furthermore, obligation according to subject matter includes real obligation (to give), positive personal obligation (to do), and negative personal obligation (to not do), also I learned that the obligation to not to give is already included in negative personal obligation. Next, I learned that in article 1157 obligations arises from law, contracts, quasi-contract, acts or omission punished by law, and quasi-delicts or torts. Though technically there are only 2 sources law and contracts since quasi-contracts, crimes, and quasi-delicts are imposed by law. A contract is a meeting of minds between two individuals whereby one binds himself, with respect to the other, to give something or render some service. Additionally, according to article 1159 Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith, meaning that the parties must comply with the stipulation or terms of the contract. On the other hand, quasi-contracts arise from lawful, unilateral, voluntary acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another. There are two kinds of quasi-contracts which are negotiorum gestio and solution indebiti. Negotorium gestio is voluntary management of the property of another person without permission and there is no preexisting contractual relationship between them. On the other hand, solution indebiti is payment by mistake or when something is received when there is no right to demand. Acts or omission punished by law, arises from civil liability which is the consequence of a criminal offence, and the scope of civil liability includes restitution (return of object), reparation (payments for object), and indemnification for consequential damage. Lastly, a quasi-delict is an act or omission there being fault or negligence causing damage to other people in which there is not pre-existing contractual relation between the parties, therefore giving rise to an obligation to pay for damages. Article 1163 states that every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law, or the stipulation of the parties requires another standard of care. The proper diligence of a good father of a family is the standard care given, and I learned that it is called a good father because it is based on the Roman law concept in which only men can enter in contracts. A specific or determinate thing is a particular or physically segregated others of the same class and it cannot be substituted without the consent of the creditor, while a generic or indeterminate thing refers to a class and genus, in which the debtor can give anything of the same class since genus never perishes (genus nunquam perit). There are 3 kinds of fruits, natural which is the spontaneous product of the soil, and the young and other products of animals. Industrial fruits which is produced by land through cultivation and labor. Lastly, Civil which is derived by virtue of a juridical virtue. Accession are the fruits or additions or improvements upon the principal, while accessories are things joined to or included with the principal thing. Next, I learned the 4 grounds for liability which is fraud (deceit or dolo), negligence (culpa), delay (mora), and contravention of the terms of the obligation. Fraud is deliberate or intentional evasion of the normal fulfillment of an obligation. Negligence is a voluntary act or omission, there being bad faith, which prevents normal fulfillment of an obligation. It has 3 kinds contractual which is negligence in contracts resulting in breach, civil which is negligence which by itself is the source of the obligation, and criminal which is crime committed by negligence. Delay is failure to discharge duty on time in which it can be an ordinary delay or legal delay (punishable). Also, it has 3 kinds which is mora solvendi (fault of debtor), mora accipiendi (fault of creditor), and compensation morae (both parties at fault) in which when both parties are in delay there is no delay. Additionally, I learned that when there is no demand from the creditor then there is no delay unless the obligation or the law so provides, time is a controlling motive and when the demand would be useless. Also, I learned more about fortuitous event, which is any event which cannot be foreseen, or which, though foreseen, is inevitable. There are 2 kinds which are ordinary which are common events and can be reasonably foreseen, and extra-ordinary which are uncommon events and cannot be reasonably foreseen. Lastly, I learned that all rights are transferrable unless prohibited by law and stipulation of parties.
BSBA HRM 3A I learned that an obligation is a juridical necessity to give, to do or not to do. Obligation. The requirement to do what is imposed by law, promise, or contract. It's a tie which binds us to pay or to do something agreeably to the laws and customs of the country.
BRINQUEZ,JENNYLYN (BSA-2B) These are the key points I've learned from this video. According to (Article.1156) Obligation is juridical necessity to give, to do or not todo. Its a legal tie or juridical bond by virtue in which one is bound to in favor of another to give or render something. Its juridical necessity where if one does not perform to the compliance of an obligation, the court of justice gives rights of action to comfel its performance. But if its not grant by court of action, its obligation may based on natural law. Civil obligation is based on positive law and give rights of action to comfel their performance. Natural obligation is based on natural law but on equity and moral justice. Thus, its not enforceable by court of action but after voluntarily performance of the debtor, he can no longer recover what he has given. There four elements of obligation. 1.Active subject- It's a person who have the right to demand to the fulfillment of an obligation. It's known as creditor/oblige. 2. Passive subject- It's a person who is bound to the fulfillment of an obligation. It's known as Debtor/obligor. 3.prestation or the object- its the subject matter or a promise to be observed in the performance of an obligation. 4. efficient cause- its the legal tie which binds the parties to the obligation. Also known as vinculum juris or juridical tie.
Taup, Ashley Nicole 1BSA-A Pamantasan ng Cabuyao After watching this video, these are the knowledge I have learned: -Article 1156 gives the definition of obligation (An obligation is a juridical necessity to give, to do or not to do). It also contain its essential requisites and the kinds of obligation according to subject matter which are real and personal obligation. -Article 1157 states the sources of obligation or where obligation arises. These are the law, contracts, quasi-contracts, acts or omission punishable by law and quasi delicts. -Article 1158 says that we should not assume obligations derived from law as it is considered a burden upon the obligor. -Article 1159 speaks about the contractual obligations or obligations arising from contracts or voluntary agreements. -Article1160 contains the treatments of obligation arising from quasi-contracts or contracts implied by law. No one shall unjustly enrich himself at the expense of others. -Article 1161 deals with the civil liability arising from crimes or delicts. Every person criminally liable is also civilly liabIe for the damages. It is governed by the penal law. -Article 1162 gives the treatments of the obligations arising from quasi delicts or torts. -Article 1163 says that in every obligation, there must be a standard care or the diligence of a good father to ensure its delivery. It will only apply if the thing is specific or determinate. Genus Nunquam Perit (Genus never perish). -Article 1164 states that the creditor has a right to fruits of the thing from the time the obligation to deliver it, arises. -Article 1165 is about the remedies of a creditor in real obligation, whether generic or specific. -Article 1166 says that the delivery of determinate thing must include all its accessories and accessions even though it is not mentioned. -Article 1167 states that if the person obliged to do something fails to do it, the same shall be executed at his cost. The same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. If the obligor refuses to perform the obligation, the creditor is not allowed to compel them but may ask another party to do it at their own cost. -Article 1168 refers to the negative personal obligation or the act not to do. It is said that if the obligor done what has been forbidden him, it shall also be undone at his expense. -Article 1169 gives the definition of delay in the law. -Article 1170 give the 4 grounds for liability which may entitle the injured party to damages for all kinds of obligations regardless of their source. -Article 1171 states that any responsible arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. -Article 1172 also says that responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. -Article 1173 states that it must be proved that the negligence happened. -Article 1174 mentioned that no one shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable. -Article 1175 states that usurious transactions shall be governed by special laws. -Article 1176 said that there would be a presumption that the interest is already paid if the creditor receives the payment without reservation with respect to the interest. -Article 1177 states that the creditor may now carry the rights and duties of the debtor before, once he finally receives all the rights over a property. -Article 1178 tells that all rights acquired in virtue of an obligation are generally transmissible.
Binag, Bianca Nicole L. BSA - 2B After watching the video, these are the key points that I have learned: - Article 1156 - Obligation is a juridical necessity to give, to do or not to do. - Obligation refers to the duty bound to render something to another. - Juridical Necessity is the obligation that must be fulfilled or performed. - There are two kinds of obligation: real (to give) and personal (to do or not to do) - Obligation arises from the Law which is imposed by the law; Acts or Omission punished by Law which composed of criminal offenses whenever you committed crimes. Contracts are agreement between two individuals that bind themselves based on the terms and condition of the agreement. Quasi-contracts is a juridical relation resulting from lawful, unilateral, and voluntary act. Quasi-delicts are damages arising from civil act. - Article 1163. It is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. - Extraordinary care - highest standard of care observed by the common carriers and bank. Different Kinds of Fruits a. Natural Fruits - spontaneous products of soil and young of the animals without the intervention of human labor. b. Industrial Fruits - produced by land through human cultivation or labor. c. Civil Fruits - derived by virtue of juridical relation. *Personal right- refers to the right or power of creditor enforceable against a particular person or passive subject. *Real right - refers to the right or interest of creditor over a specify thing without definite passive subject; enforced directly against the world. - Accessory follows the principal: when the obligation has been perfected the ownership was transferred from the seller (obligor) to the buyer (oblige) 3 Essential Requisites on the Perfection of the Contract: 1. Consent 2. Object 3. Payment of Consideration Accessions - fruits or additions/improvements Accessories - things included to the principal for better us or completion Thank you so much Attorney for the knowledge. God Bless!
What I've learned from this video lesson are summarized as follows: • It is said that, " An obligation is a juridical necessity to give, to do or not to do" according to the Article 1156 in the Chapter 1 of the General Provisions. • An obligation is bound to render something to another and must be fulfilled or performed. Otherwise, there will be corresponding penalties for non-compliance. • The juridical necessity means that the obligation has not performed or is violated. Hence, it gives the other party or the agreed party a remedy to go to the court and ask for a particular relief. • "To give" refers to the delivery of something; "To do" refers to the performance of an act; and "Not to do" is the prohibition not to perform a certain act. • There are 4 Requisites of Obligation: (1) Passive Subject (debtor), (2) Active Subject (creditor), (3) Juridical Tie (binds and connect parties) and (4) Object (subject matter). • There are 2 Kinds of Obligation: (1) Real which consists of an obligation "to give" and (2) Personal which consists of obligation "to do" and "not to do." • In Article 1157, there are Sources of Obligation such as (1) Law (PORC), (2) Acts or Omissions punished by Law (criminal offenses), (3) Contracts (based on agreement), (4) Quasi-Contracts (a juridical decision resulting from Lawful Unilateral and Voluntary Act or LUV), and (5) Quasi-delicts (cause damages to others without contract.) • In Article 1158, it distinguished if an obligation is assumed or expressed and demandable, or is not assumed and not demandable. • In Article 1159, it is said that a contract has its force of law, all essential elements should be presented, and discussed about the breach or violation of contract. • In Article 1160, there are 2 Kinds of Quasi-Contracts and these are: (1) Negotiorum gestio or voluntary, without consent, and (2) Solutio Indebiti or received by mistake, return to the owner. • In Article 1161, I understood the difference between the Criminal Liabilities which is pertaining to imprisonment, and Civil Liabilities which could be in a form of Restitution (returning the value), Reparation (paying damages cause), and Indemnification (paying other damages.) • In Article 1162, Requisites of Quasi-delicts include Fault or Negligence (direct relation), Act or Omission (no pre-existing contract), and Damaged Caused (no pre-existing contract also.) • In Article 1163, it is said that an incidental duty to preserve a thing with ordinary care (the diligence of a good father of a family as it was derived from the concept of the Roman Law during the Roman Empire) to ensure the delivery of an obligation and prevent negligence of the debtor. Thereof, the "diligence of a good father of a family" is the standard care and/or the default care. • The "extraordinary care" refers to the highest standard of care observed by the common carriers (pertaining to public utility such jeepneys and buses, etc.) and bank (as financial institution which is required by law to observe extraordinary care.) • The Object could be specific or determinate (cannot be substituted) otherwise, could be generic or indeterminate (can be substituted.) • However, there is this exception that law does not apply to obligations with generic thing because the standard of care is useless since the debtor can always substitute the thing of the same kind, which follows the general rule "Genus nunquam perit" or genus never perishes. • In Article 1164, there are 3 Types of Fruits (something to deliver) such as (1) Natural Fruits, the spontaneous product of soil and young of the animals, (2) Industrial Fruits, the products produced by land, and (3) Civil Fruits, derived by virtue of juridical relation. • Personal Right refers to the right or power of creditor which is enforceable against a particular person or a passive subject. While the Real Right pertains to the right or interest of a creditor which is enforced directly against the world. • When the obligation has been perfected the ownership was transferred from the seller (obligor) to the buyer (obligee) it is called "Accessory follows the principal." • In Article 1165, remedies of creditor in real obligation (an obligation to deliver a thing.) In addition, there is this General rule that if the thing is lost or destroyed due to fortuitous event, the obligation is extinguished. • In Article 1166, the Accessions are the fruits or additions or improvements while the Accessories are the things included to the principal for better use or completion. • In Article 1167, discussed about the breach of a personal obligation such the Specific performance is not applicable since this would be violative of the debtor's constitutional right against involuntary servitude. • In Article 1168, when the obligation consists in not doing and the obligor does what has been forbidden him, it shall also be undone at his expense. • In Article 1169, "No demand, No delay," which means that as long as both party have no agreement, or have no demand, there will not be in delay. • The delay (mora) means a failure discharge of duty on due date and time. • Accordingly, the Ordinary delay is a failure to perform an obligation on time and yet no punishment. While the Legal delay is the delay that results in breach of contract. • There are 3 Kinds of Delay or Default and these include (1) Mora Solvendi, fault of the debtor, (2) Mora Accipiendi, fault of the creditor (obligor), and (3) Compensatio Morae, both have incurred delay. • In Article 1170, there are 4 Grounds of Liablity: (1) Fraud (deceit or dolo), means to deliberate or intentional envasion of the normal fulfillment of an obligation; (2) Negligence (fault or culpa), voluntary act or omission; (3) Delay (mora); and (4) Contravension of the Terms of the Obligation Covers All Forms of Violation. • In Article 1171 said that responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. • In Article 1172, according to the source of obligation, there are 3 Kinds of Negligence such as (1) Contractual Negligence (culpa contractual) which is the negligence in contracts resulting in their breach; (2) Civil Negligence (culpa aquiliana), the negligence by which itself is the source of an obligation between the parties not so related before by any pre-existing contract; and (3) Criminal Negligence (culpa criminal), the crime committed by negligence. • In Article 1173, if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. • In Article 1174, discussed the Requisites of a Fortuitous Event such that independent of a human will or at least of the debtor's will, the event could not be seen, or is foreseen, is inevitable, and so forth. • In Article 1175, the Requisites of Recovery of Interest are (1) payment of interest is expressly stipulated, (2) written agreement, and (3) the interest must be lawful. • In Article 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments. • In Article 1177, the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims: (1) Exact fulfillment with right to damages; (2) Pursue the debtor's leviable property; (3) Exercise all the right and bring all the actions of the latter for the same purpose; and (4) Impugn the acts. • In Article 1178, there is this exception that (1) prohibited by law and (2) prohibited by the parties' stipulation. Thank you po sir! Petrola, Liera Cressarienna D. BSBA HRM 3B
Candido, Hannah Mae P. PNC- 1BSA-A Thank you for the lecture Atty. Below is th summary of the topic you discussed. Under Article 1156- An obligation is a juridical necessity to give, to do, or not to do. It means that it must be fulfilled or performed otherwise there will be a corresponding penalty for non-compliance. ESSENTIAL REQUISITE OF AN OBLIGATION 1. Passive subject (debtor)- it is the person who bound to perform the obligation. 2. Active subject (creditor)- the person who interested in the performance of obligation. 3. Object or prestation (subject matter)- consist in giving, doing, or not doing an obligation. 4. A juridical tie (efficient cause)- the legal relationship between the parties 2 KINDS OF OBLIGATION 1. Real Obligation- involves delivery 2. Personal Obligation- involves rendering service-- to do (positive) and not to do (negative) Under Article 1157: Sources of Obligation 1. Law- imposed by law itself; the legal obligation. 2. Contract- agreement between two individuals 3. Act or omission punished by law- consequences of criminal offenses. 4. Quasi-contract- juridical relation resulting from lawful, unilateral, and voluntary act; no agreement 5. Quasi-delicts- damages arising from tort civil act. Article 1158 says that if it's not expressly provided by law, such obligation is not presumed to exist. Article 1159. Obligation arising from contract have the force of law between the contracting parties and should be complied with in good faith. Compliance in good faith- means it needs to perform according to the terms and conditions of the contract. It needed honesty to prevent one party to take advantage over the other. Under Article 1160: Quasi-Contractual Obligation -lawful, unilateral and voluntary act. Kinds of Quasi-contract 1. Negotiorum Gestio- voluntary; without consent 2. Solution Indebiti- receive by mistake, need to return to the rightful owner. Under Article 1161 provides that the criminal offenses shall be governed by penal laws. Every crime violation has corresponding civil liability. Civil liability is the ff: 1. Restitution- return the value or pay if lost. 2. Reparation- pay damages or whatever cause. 3. Indemnification- paying other damages. Under Article 1162: Quasi-delicts- arising from civil act or torts. Requisites of Quasi-delicts 1. Act or omission- no pre existing contract 2. Fault or negligence 3. Damage Caused Article 1163- "diligence of a good father of a family" it is the standard and default care. -if obligation consist of delivery, the law imposes diligence of a good father of family. -it will not create juridical necessity if it's don't have a standard care. (1) determinate thing (specific)- cannot substitute (2) generic thing- can substitute of the same class and quality. -Article 1163 only applied in determinate or specific object Under Article 1164 is the real right acquired upon delivery, while ownership is transferred from the perfection of contract. Note: Civil Law Principle: Accessory follows the Principal - a creditor has a right to the fruits of the thing from the time obligation to deliver it arises. KINDS OF FRUITS 1. Natural Fruits- spontaneous product of soil, and the young of animals; without intervention of human labor. 2. Industrial Fruits- produced by land through human cultivation 3. Civil fruits- virtue of juridical relation (e.g rent, interest) Under Article 1165 explains that if the thing is generic or indeterminate, he may ask that the obligation be complied with at the expense of the debtor Remedies of Creditor in Real Obligation: (1) Specific Real Obligation- obligation to deliver a determinate thing (2) Generic Real Obligation- obligation to deliver a generic thing General Rule: If the thing is lost or destroyed due to a fortuitous event, the obligation is distinguished EXCEPT: a. Delay b. Promise to deliver the specific thing to the sama two (2) or more persons of different interest. c. Object is generic thing Under Article 1166. (1) Accessions- fruits of a thing or improve upon a thing. (2) Accessories- things included to the principal. Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. - the article is about the breach of a personal obligation Article 1168. When the obligation consist in not doing, and obligor does what has been forbidden him, it shall also be undone at his expense Under 1169 explains No demand, No delay Exceptions: 1. When the obligation or law so provides 2. Time is a controlling motive 3. When demand would be useless Delay (mora)- failure ro discharge of duty on due date (1) ordinary delay- failure to perform an obligation on time. (2) legal delay- failure constitutes a breach of the obligation Kinds of delay or default care 1. Mora solvendi- fault of the debtor 2. Mora accipiendi- fault of creditor 3. Compensatio morae- both have Under Article 1170: 4 Grounds of Liability 1. Fraud (deceit or dolo)- intentional erasion of the normal fulfillment of an obligation. a. Dolo causante (causal fraud)- fraud upon perfection of commencement of the contract. b. Dolo incidente ( incidental fraud)- fraud in the performance of the obligation. 2. Negligence (fault or culpa)- voluntary act or omission 3. Delay (mora) 4. Contravention of the terms of the obligation- violation of the terms and conditions. Article 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. -this provision refers to incidental fraud which is employed in the fulfillment of an obligation. Under Article 1172: Kinds of Negligence 1. Contractual Negligence- resulting in their breach 2. Civil negligence- itself is the source of an obligation between the parties not so related 3. Criminal negligence- crime committed by negligence Article 1173 explains that if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. EXCEPT: 1. The thing is genus 2. The thing need extraordinary care Under Article 1174: Fortuitous event- event cannot be foreseen. (1) acts of man (2) acts of God Under Article 1175: Requisites of recovery of interest: 1. Payment of interest is expressly stipulated 2. Written agreement 3. The interest must be lawful Under Article 1176: Presumption- interference of a fact not actually known arising from it's usual connection with another which or known or proved. 1. Conclusive presumption- cannot be contradicted 2. Disputable presumption- can be contradicted Under Article 1177: Remedies available to creditors for the satisfaction of their claims: 1. Exact fulfillment with the right damages 2. Pursue the debtor's leviable property 3. Exercise all the rights and bring all the actions of the latter for the same purpose 4. Impugn the acts.
Lorenzo, John Derrick I. 1BSA - A Pamantasan ng Cabuyao Good day Atty, here are the summary of my learnings after watching the video: ART 1156 - An commitment may be a juridical need to provide, to do, or not to do. This states that one is bound to provide a thing or render a benefit, which on the off chance that comes up short, may be called upon by the Court for the authorization of the satisfaction. Commitment has fundamental components or essential; these are the Inactive Subject which alludes to the indebted person or obligor, Dynamic Subject or the creditor/obligee, Prestation which is the subject matter of a commitment, and the Juridical Tie which ties the parties to the commitment. A commitment may either be genuine or individual. ART 1157 - An commitment emerges from Law, Contract, Quasi-Contract, Acts or exclusions rebuffed by law, and Quasi-Delicts. Law, Contracts and Acts or exclusions rebuffed by law are fundamentally source of commitment, so I’m fair reaching to share my unused learnings with respect to Quasi-Contract and Quasi-Delict. I’ve learned that a Quasi-Contract emerges from LUV (legal, one-sided, and deliberate acts) these are constrained to the conclusion that no one might be unreasonably profited or improved at the cost of another. 2 illustrations of it are Negotiorum Gestio and Arrangement Indebiti. ART 1158 - Here, I learned that an commitment determined from law isn't assumed. Meaning to say, it is as it were demandable in the event that it was communicated on the Gracious Code or by uncommon laws. ART 1159 - Commitments emerging from contracts have the drive of law between the contracting parties and ought to be complied with in great confidence. It was expressed in here that there's a authoritative constrain to be complied with in contracts, and one shouldn’t breach or renege from it. ART 1160 - This article is all approximately the quasi-contract which commitments might be subjected to the arrangements of Chapter 1, Title XVII of this book (Book IV Common Arrangements on Commitments and Contracts) This article clarified the two illustrations of Quasi-Contracts; the Negotiorum Gestio - intentional administration of someone’s property without the consent/knowledge of another, and Solutio Indebiti where one gotten a thing without the correct to request it and was conveyed by botch. ART 1161 - Gracious commitments emerging from criminal offenses might be administered by the correctional laws. I learned here that when it emerges from a criminal offense, there are two liabilities as a result. 1. Criminal Obligation - detainment and/or installment of fine 2. Respectful Obligation - can be compensation, reparation, or indeminification ART 1162 - Commitments determined from quasi-delicts might be administered by the arrangements of Chapter 2, Title XVII of this Book, and by uncommon laws. I learned more almost quasi-delicts here, most particularly its requirements where there must be 1. An act or exclusion; and 2. blame or carelessness of the respondent, 3. harm caused to the complainant, 4 coordinate connection between the primary three essentials. and 5. no pre-existing legally binding connection between the parties. Moreover, I too need to know the contrast between a wrongdoing and a quasi-delict in this article. ART 1163 - Each individual obliged to provide a thing must protect it with a appropriate perseverance of a great father of a family unless the law or the stipulation of the party requires another standard of care. This article talks about the standard of care of an obligor to the determinate thing he is obliged to convey. It is considered determinate on the off chance that it is especially outlined or physically isolated. A determinate thing is additionally classified by its distinction and it cannot be fair substituted or supplanted with another of the same kind. Nonexclusive or uncertain on the other hand alludes to a course or class. It is common and can be substituted with anything with the same lesson or kind. This article is as it were pertinent in the event that what is to be conveyed could be a determinate thing. On the other hand, the standard of care can be as it were requested to the next standard since the commitment would be futile in the event that an obligor can fair disregard the thing to be conveyed. ART 1164 - Summing this article up, the leaser will as it were have the genuine right over a thing once it was conveyed to him. He too has the individual right to the natural product of the thing once an commitment to provide it emerges or the flawlessness of the contract. Meaning to say, the lender can request the commitment to the indebted person. There are 3 distinctive sorts of natural products said here; Characteristic, Mechanical and Respectful Natural products. ART 1165 - in conveying a determinate thing, the lender has the correct to demand or compel the indebted person to form the conveyance. In case it’s a nonexclusive thing, the lender may inquire for the commitment to be complied at the cost of the indebted person. In the event that the debtor/obligor delays or guaranteed to convey the same thing to two or more, he will be held at risk to what harms may happen indeed in case it’s due to a happy occasion. ART 1166 - Adornment takes after the Central. Here, an commitment to provide a determinate thing too incorporates the commitment to provide its embellishment and promotions. Increases are the natural products, expansion or enhancement upon a thing, whereas adornments are incorporation for completion or superior utilize of the thing. ART 1167 - This article is about the breach/violation or non-compliance of the contract. There are remedies for the creditor, which of course will be executed at the debtor’s cost. ART 1168 - In case the debtor have done something forbidden on the contract, or basically did what was not to be done, it must be undone at the debtor’s expense. ART 1169 - In this article, the bank must issue a request or request waiver for the commitment. In case the commitment was not satisfied on time and there's no request from the creditor, at that point it'll not be considered as delay at all UNLESS the commitment is communicated by the law, time is the controlling rationale, or the request would be futile due to the obligor’s negligence or fault. Be that as it may, in case it could be a corresponding commitment and both were deferred, at that point there's no delay at all. ART 1170 - Those obligor who aren’t able to fulfill his obligations due to negligence, fraud, delay and violation, are liable to pay damages. ART 1171 - This states that any responsibility due to a (incidental) fraud is demandable in all obligations. This could be a past or future. If a waiver of action is for future fraud, then it is void, while for past fraud are valid. ART 1172 - Duties emerging from carelessness of any commitments are too demandable. In any case, a waiver from carelessness is as it were substantial on the off chance that the standard of care given is as it were standard care. There are 3 diverse sorts of carelessness from the source of commitment. To begin with, Culpa Legally binding - carelessness coming about to breach of contract, Moment, Culpa Aquiliana such as quasi-delicts, and Third, Culpa Criminal or wrongdoing committed by carelessness. ART 1173 - It must be proved that there is a negligence that happened. In determining negligence, there are factors to be considered; the nature of obligation, circumstances of the person, time, and place. If a negligence shows bad faith or bad intent/motive, provisions of Articles 1171 and 2201, paragraph 2, must be applied. ART 1174 - No one might be held obligated in the event that an commitment was fizzled due to unexpected or happy occasions. These are recognized into two, the act of man like wrongdoing, burglary; and act of God such as common calamities. Besides, a chance occasions have the requirements; autonomy from human or obligor’s will, the occasion couldn’t be predicted or maintained a strategic distance from, the occasion made it outlandish for the obligor to do the commitment, and the obligor must not be included to disturbance of damage to the obligee. ART 1175 -Usurious exchanges might be administered by extraordinary laws. Sum of intrigued must tolerate to the laws. In recuperation of interface, there must be a composed assention, installment of intrigued explicitly stipulated, and legal interests. ART 1176 - There would be a assumption that an intrigued is as of now paid in case the lender gets the installment without reservation with regard to the intrigued. This is often moreover the run the show within the case of installments. ART 1177 - Once a leaser at last gets all the rights over a property, he may presently carry the rights and obligations of the indebted individuals some time recently. For case, an loft has been sold to the bank, those who have obligations on the indebted person some time recently are presently obliged to pay for the lender. This will fulfill the creditor’s claims. ART 1178 - In this article, it states that all rights gotten from an commitment are transmissible or transferrable unless it is denied by the law and/or precluded by the stipulation of the parties.
Cabanela, Laarni Joy 1BSA-A PNC Thank You for this lecture, Atty. Chapter 1: General Provisions Article 1156 - An obligation is a juridical necessity to give do or not to do. Obligation - one is bound to render something to another. Juridical necessity - obligation must be fulfilled or perform otherwise there will be a corresponding penalty for non-compliance. Different Prestations • To Give - the delivery of something. • To Do - the performance of an act. • Not to Do - the prohibition not to perform a certain act. Requisites of Obligation 1. Passive Subject - Debtor. The party which is bound to perform 2. Active Subject - Creditor. The one who is interested in the performance of Obligation. 3. Juridical Tie - Bonds or Connect parties. This is the legal relationship between the parties. 4. Object - It is the subject matter in an obligation. Article 1157 Obligation arises from: Law- is a rule of conduct, just an obligatory not promulgated by the competent authority for the good, observance of the common good. Acts or Omissions Punished by Law- If you have committed or refuse to perform a certain act that is required to be done by the law then you commit a criminal offense. Contracts- are agreement. These are covenants entered into by private individuals or between two individuals where they bind themselves based on the terms and conditions of the agreement. Quasi-contract (Article 1160)- a Juridical relation resulting from Lawful, Unilateral and Voluntary Act. Two Kinds of Quasi-contract 1. Negotiorum Gestio- when someone exerted efforts and spend on resources to salvage your property and important belongings. 2. Solutio Indebti - payment by mistake Quasi-delicts (Article 1162) - damages arising from civil act which is not amounting to a crime. Cause damages to others without contract. Requisite of Quasi-delicts • Fault or Negligence - direct relation. • Act or Omission - no pre-existing contract • Damaged Cause - no pre-existing contract Article 1158 - only those obligation which are express provided by law are demandable. If a particular act has not been ordered or has not been expressly provided by law then such obligation is not presumed to exist. Article 1159 Contract - has the force of law as long as all the essentials’ requisites a contract is present and for its validity that is has force and effect of a law. When you say compliance in good faith in relation to contracts that means you have to perform obligation according to the terms and conditions of the contract. Article 1161 Criminal Offenses - shall be governed by penal laws. Crime as a source of obligation is governed by criminal laws or penal laws. Civil Liabilities • Restitution - returning the value. You have to return the properties stolen or in case that the property is no longer available then you will just have to pay the value of the property. • Reparation - paying damages cause. Whatever inconvenience that the commission of the crime has cost against a party. • Indemnification - paying other damages. Article 1163- Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. Article 1164-The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. Article 1165-When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for fortuitous event until he has effected the delivery. Article 1166-The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Article 1167-If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. Article 1168-When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1169- Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist: (1) When the obligation or the law expressly so declares; or (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform. In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. Article 1170- Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages Article 1171-Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. Article 1172-Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. Article 1173-The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. Article 1174- Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which though foreseen, were inevitable. Article 1175-Usurious transactions shall be governed by special laws. Article 1176- The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. The receipt of a later instalment of a debt without reservation as to prior instalments, shall likewise raise the presumption that such instalments have been paid. Article 1177-The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. Article 1178-Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.
BSBA HRM 3B After watching this video, I have learned that in Article 1156, An obligation is a juridical necessity to give, to do, or not to do. This means that you are duty bound, need to be fulfilled otherwise there will be corresponding penalty compliance. I already known the Debtor whose bound to perform an obligation and the Creditor that is interested in performance of obligation. There are two kinds of obligation such as the Real obligation means delivery of something to another person and the Personal obligation which involves rendering some services. Obligation arises from its punishment or acts. Article 1157 In Contracts - these are the private individuals Quasi contracts - there is no agreement but because of lawful, unilateral creates organization. 2 kinds of Quasi Contract Negotiorum gestio - return payment Solutio indebiti - payment by mistakes Article 1158 Refers to there is no obligation if is not in the law. Article 1159 Obligations arising from contracts have the force of law between the contracting parties and should have a compliance in Good Faith. Article 1161 All criminal violation has a corresponding civil liabilities. Article 1162 There must be direct relation or connection of cause and effect between the act or omission and the damage. Article 1163 Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family. If no care, it will render the obligation nugatory. Ordinary Care - it is a standard care to deliver object or thing. Extraordinary Care - a highest standard of care. Article 1164 Personal right - power of creditor enforceable against a particular person or passive subject. Real Right - over a specific thing without definite passive subject. Article 1165 General Rule - the obligation is extinguished if the things is lost due to the fortuitous event. Article 1166 Accessions - the additions or improvements. Accessories - things included to the principle for completion. Article 1167 This article is all about the breach of a personal obligation. Article 1169 No demand, No delay. Ordinary delay - failed to perform because it is not on time to accomplish things. Legal delay - delays that result in breach of contract. THANK YOU AND GOD BLESS :))
Anorico, Jhemina Gwyneth N. 1BSA-B In this video I have learnt a lot and it makes sense to me although I am new to this topic. Atty. Narciso discussed topics about the law. The topic started Under the Philippine Civil Code Article 1156 which is about Obligation. An obligation is a juridical necessity to give, to do, or not to do. It also means binding or tying one person to render something to another. There is also requisites of obligation which are: •Passive subject, the party which is bound to perform the obligation(debtor), while the •Active subject, is the party who is interested in the performance of the obligation •Juridical Tie is a tie that binds the parties together or the connection between them or the legal relationship (ex. contract) •Object or Subject matter where this is the thing that the obligation takes place or why the obligation happens. ARTICLE 1157 ~KINDS OF OBLIGATION Real(to give) involves a delivery or a thing Personal(to do or not do to) involves service ~OBLIGATION ARISES FROM -LAW--It is said to be the rule of conduct, just(fair) and obligatory(command), promulgated(published and must know) by a competent authority for a common good and observance. -CONTRACTS-- the meeting of the minds between two parties where in one binds himself with respect to others, to give something or to rendered service. -QUASI-CONTRACTS-- it is a juridical relation resulting from Lawful, Unilateral and Voluntary Acts (LUV). There is no agreement and no one shall be unjustly enriched at the expense of another. -ACT or OMISSION PUNISHED BY LAW--If you committed a crime, then you are under obligation. It also has a juridical necessity to return the property. -QUASI-DELICTS--acts or omission by the person which cause damages to another person, property or rights arising from negligence/fault. ARTICLE 1158 -This states that obligations derived from law are not presumed. If there are no law behind this then there are no obligation. ARTICLE 1159 In this article there is a binding force, requirements of valid contracts, contract requires approval by the government and there is a compliance of good faith. There must be a good faith and fair dealing to prevent one party from taking unfair advantage over the other. ARTICLE 1160(quasi-contract) In quasi contract, there is no consent but the same applied by fiction of law so no one will be unjustly enriched or benefited at the expense of another. ARTICLE 1161 It is the civil obligations arising from criminal offenses that shall be governed by penal laws. There is a civil liability arising from crime/delicts. Civil liabilities are payment to the person you offended while criminal liabilities are imprisonment and the fine to the criminal offenses ARTICLE 1162 (Quasi-delicts) In this article I learned the requisites of quasi-delicts are fault or negligence, act or omission and damage cause. ARTICLE 1163 This is where you need to take care of the obligation that is given to you. It is an incidental duty to preserve a thing with ordinary care like a diligence of a good father of a family. If you did not take care then it rendered nogatory and the obligation will become useless. ARTICLE 1164 In the summary of this article it is about to deliver the fruit whether it is natural,industrial or civil (kinds of fruit). It is when the owner will have the real right if the time of perfection of the contract, obligation is subject to suspensive condition, there is a contract of sale and also there is a obligation to the thing based on the law, quasi-contracts, delicts, and quasi delicts. You have perfect the contract and owns obligation by the requisites where there is a consent, object and payment of consideration. ARTICLE 1165 In delivering a thing you have the right to demand the delivery of the thing that you owned. In specific thing, this is said to be particular or physically segregated where you can identify individually. While in Generic real obligation it cannot be force the debtor to make the delivery but can ask for the obligation, they are liable for the damages. Also if they failed to deliver it on a promise time to deliver. ARTICLE 1166 It is where if someone give a specific thing to deliver he/she have to deliver also the accessions and accessories even though it is not mentioned. Accessions are the fruits or additions while the accessories are the things that completes the thing or included. ARTICLE 1167 It refers to the person obliged to do, to performed an act or to render service. But the there is a failure to do the obligation or there is a breach of performance. If a person obliged to do something fails to do, it shall be executed at his cost. ARTICLE 1168 When the duty of the obligor is to abstain from an act, the obligation here is to fulfill in not doing what is forbidden. It shall also be undone at his expense. The debtor cannot be guilty of there is a delay. ARTICLE 1169 If there are no aggreement or demand then it is not said to be delay otherwise there is a agreement or demand from the creditor. There are 3 kinds of delay which are •Mora solvendi(to give, to do)- the delay on the part of the debtor •Mora Accipiendi- delay on the part of the creditor w/o justifiable reason to accept performance •Compensatio Morae- delay of the obligors in their obligations ARTICLE 1170 The ones who's not able to perform his/her obligations because of negligence, delays, breach,fraud and etc. will be liable for the damages and make payment for it. ARTICLE 1171 It is where waiver which is fraud will be void. When it is in future it will be void and if it in the past and from negligence then it will be valid because it serves as an act of generousity to the part of the creditor. ARTICLE 1172 KINDS of negligence -Contractual negligence(culpa contractual)-negligence resulting to breach by that creditor can seek for the payment of damages -Civil negligence(culpa aquiliana)-negligence by itself when there is no pre-existing contract it also needed a oayment of damages - Criminal Negligence (Culpa criminal)- Commited a crime that is from negligence, there would be an imprisonment and fine ARTICLE 1173 It is stated that if there is a negligence and the contract is silent then the diligence should be present or the diligence of a good father of a family ARTICLE 1174 No shall be liable if the damage or obligation is undone/failed to do because of fortuitous events. If this happens obligor must not be involved or liable to the damages or injuries of the obligee Thank you for an informative video atty. Have a nice day!
I've learned in this video are : Article 1156 An obligation is a juridical necessity to give to do or not to do. Obligation: one is bound to render something to another. Juridical Necessity: means that obligation must be fulfilled or performed otherwise there will be corresponding penalty for non compliance. Requisites of obligation: Passive Subject- bound to perform the obligation Active Subject- One who is interested in the performance of the obligation Juridical Tie- legal relationship between the parties Object- subject matter Their are two different kinds of object 1. Real- (to give) involves delivery of something to another person 2. Personal- involves rendering some services. Article 1158 The law can be demandable and not demandable. It means if not included to the law therefore there is no obligation. If a crime committed there is civil liabilities: 1. Restitution- Returning the value 2. Reparation- Paying damages 3. Indemnification- Payment of damages Article 1163 Every person is obligee to give something, is also obliged to take care of it. °Extra ordinary care- highest standard of care ° Default care- diligence of a good father of a family Different kinfs of fruits 1. Natural fruits- spontaneous product of soil and young of the animals; without the intervention of the human labor. 2. Industrial fruits- produced by land through human culvation or labor 3. Civil fruits- derived by virtue of juridical relation Personal right- enforceable against a particular person Real right- Enforceable against the world. Accessory follow principal- Once the contract has been perfected, the obligor is now bound to deliver the fruits of principal. Article 1165 General rule: If the thing is lost or destroyed due to fortuitous event the obligation is extinguised. Article 1169 No demand, No delay Ordinary delay- failure to perform on obligation on time (no punishment) Legal delay- delay that result in breach of contract. Article 1170 4 grounds of liability ° Fraud (decit or dolo)- deliberate or intentional evasion of the normal fulfilment of an obligation ° Negligence (fault or culpa)- voluntary act or omission, there being no bad faith or malice which prevents the normal fulfilment on obligation ° Delay (mora)- ° Contravention of the terms of the obligation covers all form of violation
MARASIGAN, ANDREI S. (BSA-2B) I learned about the general provision under the general provision. Law (obligation ex lege)-like the duty to pay taxes and to support one’s family. Contracts (obligation ex contractu) - like the duty to repay a loan by virtue of an agreement. Quasi-contracts (obligations ex quasi-contractu) - like the duty to refund an “over change” of money because of the quasi-contract of solution indebiti or “undue payment.” Crimes or Acts of Omissions Punished by Law (obligations ex maleficio or ex delicto) - like the duty to return a stolen carabao. Quasi-delicts or Torts- (obligation ex quasi-delicto or ex quasi-maleficio)- like the duty to repair damage due to negligence. Obigations 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 The Negotiorum Gestio or voluntary management without consent, Solutio Indebiti or payment by mistake and to return to the owner to avoid unjust enrichment.
Sanchez, Jayshel May P. 1BSA-B Thank you, Atty, for the discussion about General Provision. This are the things that I learned. Article 1156. ‘An obligation is a juridical necessity to give, to do, or not to do ‘ It means someone is bound or has a duty to render something to another - juridical necessity means that must fulfilled for non-compliance and you can legally demand for its fulfillment to the court. Requisites of obligation -passive subjects -who is bound to the fulfillment(debtor) -active subjects -has the right to demand the fulfillment(creditor) -prestation or object - prestation are the subject matters and object is refers to the property and things. - efficient cause or juridical tie - KINDS OF OBLOGATION Real obligation- (to give) Personal obligation- to do or not to do Kinds of personal obligation -(positive or negative) Article 1157. Obligation arise from; - Law - Contracts - Quasi-contract, TYPES OF QUASI-CONTRACTS 1.Negotiorum Gestio -it is voluntary act without the knowledge or consent of the latter. 2. solution indebiti- received by mistake, must return to the owner - Act or omissions punished by law - Quasi-delicts Article 1158. - if such act has not been ordered by law then an obligation derived from it are not presumed. Article 1159 -Has the force of law between the contracting parties and should be complied with a good faith -Compliance in good faith means performance in accordance with the stipulation or terms of the contracts between the parties Under Article 1305 A contract is a meeting of minds between to persons whereby one binds himself, with respect to the other, to give something or to render some service. Article 1161 -Criminal offenses- shall be governed by penal laws Criminal violations have civil liabilities includes: Restitution-returning the value of the property Reparation- paying damages cause and indemnification Article 1162 Quasi-delicts- cause damages to others without contract •Requisites of quasi-delicts - Fault or negligence - Act or omissions - Damaged cause Article 1163 It is a obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family , unless the law or the stipulation of the parties requires another standard of care Obligation to give a specific or determine thing. Article 1164 To deliver the fruits of the thing Kinds of fruits - Natural fruits- spontaneous product of the soil or animals, without intervention of human labor - industrial fruits- produced by land through human cultivation or human labor - civil fruits - derived by virtue or juridical relation.
Gabarda, Danica Leene B. 1BSA-A Pamantasan ng Cabuyao Good day Atty., this is the summary of what I've learned in your lecture. Under Article 1156, "An obligation is a juridical necessity to give, to do or not do to" Obligation means you are bound t9 render something to other. When we say juridical necessity it means that obligation must be fulfilled otherwise there is a penalty for non compliance. Different prestations: -To give means delivery of something -To do means the performance of an act -Not to do means the prohibition of performance of an act *obli not to give is not stated because it is included in obli not to do Requisites of obligations: -Passive subject is the party which is bound to perform an obligation -Active subject is the one who is interested in the performance of obligation -Juridical tie is what binds or connects the parties or the legal relationship of the parties. -Object is the subject natter in an obli Kind of obligation : -Real obli consist of obligation to give. Involves delivery of something to another person -Personal consist of obligation to do or not to do. Involves rendering some services Article 1157 Sources of obligation 1.Law is a rule of conduct just and obligatory, promulgated by a competent authority for the observance of common good 2. Acts or omission punished by law. If you commit acts or refuse an act which is required by the law tben you commit criminal offenses which is also a source of obligation. 3.Contracts are agreements entered into by the private individuals. wherein two individuals bind themselves based on the terms and conditions of their agreement. 4.Quasi Contracts not a contract but exist a juridical relation resulting from lawful unilateral and voluntary act. a.Negotiorium gestio. There is no prior contract or agreement. Its is a voluntary act without the knowledge or consent of the other. b.Solutio indebiti is a payment by mistake 5.Quasi delicts are damages arising from tort or civil act which is not amounting to a crime. Article 1158 Only those obli which are expressly provided by law are demandable which means that if a particular act has not been ordered by law or exoressly provides by law then such an obligation is not presumed to exist. Article 1159 *Contract has the force of law as long as all requisites of a contract are present. *Compliance in good faith in relation to contract means that you have to perform an obli according to the terms and conditions of a contract. Article 1161 Crimes or delicts is a source of obligation governed by penal laws. Under Article 100 of the revised penal code, all criminal violation has a corresponding civil liabilities. *Criminal liability imprisonment or payment of fine *Civil liability 1. Restitution means returning of propertry or return the value of property 2.Reparation is paying damaging caused 3.Imdemnification is paying for other damages. Article 1162 Quasi delicts is damages to another person without a contract Requisites: 1. There must be fault or negligence- dirext relation 2.There must be an act or omission - no pre existing contract 3.There must be damages caused - no prexisting contract Article 1163 If obligation consists of delivery of specific thing then law imposes the diligence of a good father of a family. *Diligence of a good father of a family- standard care/default care *Extraordinary care is the higher standard of care observed by the common carriers and bank. *Article 1163 will apply only incase the object to delivered is specific or deteminate. 2 kinds of object a. Specific /determinate it has sufficient particularly. It cannot be substituted if lost b.Generic / indeterminate refers to a class or genus to which it can be substituted if lost. *Genus never perishes *Debtor is not liable if failure to preserve the thing is due to a fortuitous event. Exception: If the object is generic Article 1164 When the contract is perfected, youare obliged to deliver the fruits Types of fruits 1.Natural fruits are spontaneous product of soil. Without the intervention of human 2.Industrial fruits are produced by land through human cultivation or labor 3.Civil fruits are derived by virtue of juridical relation *Personal right - power of a creditor enforceble against a particular person or passive subject *Real right is right of creditor over specific thing is without a definite passive subject. Enforrceable against the whole world. *Accessory follows the principal Article 1165 The general rule : if the thing is lost or destroyed due to a fortuitous event, the obligation is extinguished The exceptions are: 1.If incurred Delay 2.Promised to deliver the same thing to 2 or more person 3.If the object is a Generic thing Article 1166 *Accession pertains to fruits or addition or improvements *Accessories are the things included to the principal for betteer use or completion Article 1167 General rule: no demand no delay The exceptions are: 1.When the obligation or law so provides 2.Time is a controlling motive. It is of the essence. 3.When demand would be useless Delay (mora) is the failure dischargw of duty on due date and time Distinction of delay *Ordinary delay is when the party failed to perform an obligation on time. There is no punishment *Legal delay is a delay that results in breach of contracts Kinds of delay or default 1.Mora solvendi - fault of the debtor 2.Mora accipiendi - fault of the creditor 3.Compensation morae- both have incurred delay *no delay in negative personal obligations Grounds for liability 1.Fraud (deceit or dolo) is deliberate or intentional evasion of the nornal fulfillment of an obligation a. Dolo causante(causal fraud) is a fraud upon perfection of the contract b.Dolo incidente ( incidental fraud) is fraud in the performance of an obligation 2.Negligence(fault or culpa) is any voluntary act or omission, there being no malice, which prevents tge normal fulfillment of an obligation 3.Delay 4.Contravention of the terms of the obligation Article 1171 Responsibility arising from fraud is demandable in all obligations. Any waiver off an action for future fraud is void. Waiver for future fraud is void Waiver for pasf fraud is valid Article 1172 Kinds of negligence 1.Contractual negligence (culpa contractual) is a negligence in contracts resulting in their breach. 2.Civil negligence ( culpa acquillana) is a negligence which by itself is the source of an obligation between the parties not so rekated before by any ore existing contract 3.Criminal negligence (culpa criminal) is a crime committed by negligence
Lopez, Rea Mae P. 1BSA-A In the first part which is the General Provisions, I have learned that Article 1156 an obligation is a juridical necessity to give, to do, or not to do. It says that when the debtor has an obligation he must perform or fulfilled it otherwise the creditor who is the aggrieved party can call the court of justice to enforce its fulfillment or there will be a sanction. It has four requisites that we should know which are the passive subject or the debtor who has a duty, active subject or creditor who has the right, object, or prestation the subject matter, and the juridical or legal tie which connect the debtor and creditor. There are two kinds of obligations, the real obligation which is to give, and the personal obligation which is to do or not to do. Article 1157 tells that obligations arises from law, contracts, quasi-contracts, crimes, and quasi-delicts. Article 1158 tells that legal obligations must be expressed not presumed because if it is expressed it is demandable and if it's not presumed it is not demandable. Article 1159 tells that contract is a meeting of minds between two persons that should be complied with by both parties in good faith. Article 1160 is composed of LUV (lawful, unilateral, and voluntary act), it has two kinds negotiorium gestio voluntary without consent and solutio indebiti payment by mistake. Article 1161 tells that criminal offenses shall be governed by penal laws and there would be a civil liability. Article 1162 tells of causing damages to another without contract due to negligence. In the second part which is the Nature and Effect of Obligations, I have learned if a person is obliged to deliver a thing he is also obliged to take care of it with the diligence of a good father unless there is a stipulation of the parties requires another standard of care and it will apply only if the object of obligation is specific or determinate. The video also discusses and the meaning of the diligence of a good father, the difference between specific and generic things, different kinds of fruits which are the natural fruits, industrial fruits, and civil fruits, the personal and real obligation, the accessions and accessories, kinds of delay. Also, it discusses that in fraud, delay, negligence, and contravention of the terms of the obligations all will have punishments or liable for damages.
Clarisse Rosal BSA 2A What i learned in this video are... Article 1163 only apply to if the object to be delivered is a determinate or specific not generic or interdetermine because specic object is a particular or physical segregated others on the same class while generic refer only to a class or genus to which it pertains and cannot be pointed out with particularly. Also that obligation must be fulfilled to avoid consequences or punishment. Obligation not to give was not included in the definition provided by law it is included on not to do. Article 1163 has a part saying proper diligence of a good father of a family, they choose father because of roman era because only men can enter on a contract. There is also a different kinds of fruit that you will find on article 1164 they are Natural fruits, Industrial fruits and Civil fruits. Natural fruits is a products of the soil and young products of animals, while industrial are produced by land of any cultivation or labor. Civil on the otherhand are derived by virtue of a judirical relation. Real right vs Personal rights Real right is the right or interest of a person over a specefic thing without a definite passive subject against whom the right person be, while personal right is about power of a person to demand from another. In Article 1165 there are the remedies of creditor in real obligation. The specific real obligation has an obligation to deliver a determine thing. The generic real obligation has an obligation to deliver a generic thing. In Article 1166 we tacle about accessions and accessories, Accessions arebthe fruits of a thing ir additions to improve upon a thing, while accessories are things joined to or included with the principal thing for the latter's embellishment, better use or completion General rule is that all accessories and accessions are considered included in obligation to deliver a determinate thing although they may not have been mentioned. Article 1169 has this saying no demand no delay The delay or mora is a discharged of dutt on due date or time. We have two different kinds of delat the ordinary delay and the legal delay. Ordinary delay is a merely failure to perform a obligation on time, while the legal delay is the total failure of obligation on time.
Misa, Jannah Aliah S. 1BSA-A Pamantasan ng Cabuyao Good day, Atty. After listening and watching your discussion, I learned a lot of things regarding Obligations. On Article 1156, obligation is a juridical necessity, meaning, the obligation must be performed or fulfilled otherwise there is a corresponding penalty. To give is to deliver something, to do is to perform an act, and not to do is the prohibition not to perform a certain acts. Not to do also includes not to give. Real Obligation includes the prestation to give while Personal Obligation includes to do or not to do. There are requisites of obligation that if one is absent, the obligation is not effective. Those requisites are the passive subject (debtor), active subject (creditor), juridical ties, and the object. On Article 1157, I understood where did obligation arises. It arises from Law, Acts or omission punished by law, Contracts, Quasi-contracts, and quasi-delicts. But the most common source of obligation is the law and the contracts. Article 1158 states that if the law expressly provided the obligation, then the obligation is demandable. But if not assumed or clearly expressed, it is not demandable. It is also important to remember the "Compliance in good faith" while performing the obligation. It is the performance or compliance according to the terms agreed by the parties. Civil liabilities include restitution, reparation, and indemnification. Criminal offenses shall be governed by law. Every person who is criminally liable is also civilly liable. Article 1163 is only applicable to a specific or determinate thing. It states that if you are obliged to deliver something, the law gives you an incidental duty to take care of the object property with ordinary care or diligence of a good father. It does not apply to generic thing because of the general rule, genus never perishes. The law imposed the standard of care and if the parties stipulated a delivery without any care, the obligation will be rendered nugatory. If not ordinary care, another standard of care should be demanded. We also follow the rule "Accessory follows the principle" when delivering something. When the obligation has been perfected, the ownership is transferred from the seller to the buyer. Whatever accessory is with the principal, it should be included. You are liable to deliver the fruits as well. Fruits can be natural, industrial, and civil. If you entered the contract and it is not been performed, you have personal right against the creditor. But if the property has been delivered to you, you have real right. There is a general rule that says "If the things is lost or destroyed due to fortuitous event the obligation is extinguished." But the are exceptions to it. 1. Delay of the debtor, 2. The debtor promised to deliver the same thing to 2 or more persons of different interest, and 3. The object is a generic thing. Article 1168, when the obligation consists in not doing, and the obligir does what has been forbidden him, it shall be undone at his expense. Not doing an obligation not to do is already an act of performing the obligation. In reciprocal obligations, the moment one of the parties fulfill his obligation, delay by ither begins. No demand, no delay. I also understood the Delay, its kinds, and its requisites. It is also important to know the 4 Grounds of Liability which are fraud, negligence, delay, and contravention of the terms of the obligation. Art 1771. Responsibility arising from fraud is demandable in all obligations. Art 1172. There are kinds of negligence according to source of obligation which are contractual negligence, civil negligence, and criminal negligence. An act no matter how wrongful would not amount a crime in absence of a law defining such act as a crime. I also learned about the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims. Lastlt, all rights are transmissible except if it is prohibited by law and prohibted by the parties' stipulation.
Ma. Allysa Mae R. Paña BSA-2A I’ve learned from this video the different articles under the Civil Code of the Philippines with regards to Obligations and Contracts. Here are some of these with their points as what I understood.
ARTICLE 1156: An obligation is a judicial necessity to give to do or not to do. - obligation means that you are bound to render something to another. It is a judicial necessity meaning it must be fulfilled or performed otherwise there will be corresponding penalty for non-compliance. ARTICLE 1158: -not only those obligations which are expressly provided by law are demandable which means that if a particular act has not been ordered by law or has not been expressly provide, such obligation is not presumed to exist. ARTICLE 1159:
-as long as the contract has all the essential requisites for its validity, it has the force of law. In case a contract is violated or breached, the aggrieved party can go to court and seek for redress. ARTICLE 1160: -obligation proceeded from a lawful, unilateral and voluntary act of one person giving rise to the jury decarbilation between the payer.
Cepe, Alyanna 1 BSA-A Pamantasan ng Cabuyao This is what I have learned from this video. Art. 1156 means that an obligation must be performed by a person in favor of another because non-compliance of an obligation has a corresponding penalties. That is why an obligation is a juridical necessity to give, to do or not to do. Take note of the essential requisites which are passive and active subject, object or prestation and the juridical or legal tie. Art. 1157 says that an obligation arises from; 1. Laws - where it is imposed by law itself, 2. Contracts - from the stipulation of the parties, 3. Quasi-contracts - from lawful, unilateral and voluntary acts to the end that no one shall be unfairly benefited at the expense of another, 4. Acts or ommisions punished by law - from a civil liability which is the consequence of criminal offense, and 5. Quasi-delicts - from an act or omission that causes damage to another. Art. 1158 means that an obligation will only be demandable if it is clearly expressed or determined by the law. Art. 1159 says that contracts have the force of law between the parties involved in a contract and should be complied with in good faith meaning that a person must perform his obligation to another based on the terms they have agreed to each other. Art. 1160 pertains to an obligation that is derived from quasi-contracts which have a juridical relation that results to lawful, unilateral or voluntary acts to the end that no one shall be unjustly enriched or benefited at the expense of another. There is no contract involved between the parties but it will create an obligation due to mistake. The two kinds of quasi-contracts are; 1. Negotiorium Gestio means that a person managed other person's property or affair voluntarily without the consent of the latter and 2. Solutio Indebiti pertains to a juridical relation that is created when someone received something by mistake or paid by mistake. Art. 1161 pertains to civil obligations arising from criminal offenses. It means that a person will met penalties (civil or criminal liability) if they have criminal violations. This case focuses on civil liabilities wherein there are scope that a person should do which are; 1. Restitution - returning the property stolen, 2. Reparation - paying damages caused, and 3. Indemnification for consequential damages - paying other damages. Art. 1162 says that obligations that are derived from quasi-delicts have its requisites. There must be an act or omission, fault or negligence and damage caused. Then there must be a connection of cause and effect between an act or omission and the damage. Lastly, there must be no contractual relation exists between the parties. Art. 1163 means that if a person have an obligation to deliver something, they should take care of it with a standard care (diligence of a good father of a family). The parties cannot agree that there will be no standard care but they can agree that there will be extraordinary care. If there is no standard of care, the obligation will be useless. This article is only effective if the thing to be delivered is specific or determinate. Art. 1164 pertains to the creditor's right to the fruits of the thing if the time of delivery of the thing arises. There are 3 kinds of fruits which are; 1. Natural fruits - spontaneous products of the soil and young of animals without the human labor, 2. Industrial fruits - products produced by land through human labor, and 3. Civil fruits - derived ny virtue of a juridical relation. Art. 1165 means that the creditor has a right to demand the delivery of a specific thing based on the agreement on the contract. The obligation of the debtor is extinguished in case that the thing is lost or destroyed due to fortuitous event but there are exceptions. The creditor will be held liable if the thing to be delivered is lost and destroyed but cannot proved that it is not his fault. Art. 1166 pertains to an obligation of the debtor to deliver a determinate thing including all of its accessions and accessories. Accessions define as the fruits of the thing while accessories define as things that are attached to the thing for better use. Art. 1167 is about a breach of a personal obligation meaning that if a person has an obligation and he did not do it, he is liable for the cost that will make because of the failure to perform an obligation. Art. 1168 pertains to an obligation that is performed but it is not included on the terms agreed on the contract. It means that the creditor has a right to demand the debtor for the obligation not included on the contract to be undone. In Art. 1169, "No Demand, No Delay" is a principle which means that the time to perform the obligation is not fulfilled, if there is no demand, then the person with an obligation is not delay unless it is expressly declared by law, the thing to be delivered or service to be rendered is a controlling motive or when demand would be useless when the debtor performed the obligation beyond his power. But, if both parties are delay then there would be no delay. Art. 1170 says that a person who is bound to perform the obligation committed or guilty of fraud, negligence, delay, or contravention of the tenor of the obligation, then that person is liable for damages. Art. 1171 means that responsibilities that arise from fraud is demandable in all obligations. The article states that in case of fraud, there will be waiver of an action but there are conditions. Waiver for future fraud will be vioded while waiver for past fraud will be valid. Art. 1172 refers to a responsibility arising from negligence on performance of an obligation which is demandable. With that, the liability may be regulated on the court. The waiver arising from negligence is valid if the standard of care is the standard of care but the exception is if the stipulation of the parties requires another standard of care. According to the source of obligation, there are 3 kinds of negligence which are culpa contractual, culpa aquiliana, and culpa criminal. Art. 1173 states that the negligence should be proved. If the negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2 will apply. The exception of the rule is if the thing is genus and the thing needs an extraordinary care. Art. 1174 pertains to a rule that an obligor will be excused if the obligation is not performed due to fortuitous event. Art. 1175 refers to usurious transactions or if a person receive something in excess of the amount allowed by law for the loan or credits shall be governed by special laws. The requisites of recovery of interest are if the payment of interest is expressly stipulated, there is a written agreement and the interest must be lawful. Art. 1176 says the it is presumed that prior installments have been paid even if there is no receipts and there is later installments. Art. 1177 states that the creditors have the right to run for the possessions of a person who has an obligation including his rights except for personal rights. There are remedies to satisfy the creditor's claims. According to Art. 1178, all rights acquired in an obligation is transmissible except if it is prohibited by law or by the stipulation of the parties.
Nepomuceno, Ruby Mae T. BSBA-HRM 3B These are some key points I have learned in this video: Article 1156 An Obligation is a juridical necessity to give, to do or not to do. Juridical Necessity - means that obligation must be fulfilled or performed, otherwise there will be corresponding penalty for non-compliance. That Juridical necessity means that if obligation has not been performed or if the obligation has violated then it gives the aggrieved party a remedy to go to court. That means, that party can invoke the power of the court to order the other party to comply with obligation. Requisites of Obligation Passive subject/debtor - the party which is bound to perform the obligation Active Subject/creditor- the party that is interested in the performance of obligation. The party who is entitled to demand the fulfullment of the obligation. Juridical Tie- is what binds or connects the parties. The legal relationship between the parties. Object- the subject matter in the obligation. Kinds of Obligation: Real Obligation- consists of an obligation to give Personal Obligation- consists of an obligation to do, or not to do. Obligation arises from: Law - imposed by law Acts or omissions punished by law - criminal offenses Contracts - based on agreement Quasi contracts - A juridical relation resulting from lawful, unilateral and voluntary act. Quasi-delicts- arises from damages 2 kinds of Quasi Contract: •Solutio Indebiti- payment by mistake. If a person made by mistake, that means, he has paid not to the person to whom the payment is due or if the payment is in excess of the amount which is due. It creates an obligation on the part of the payee to return the excess or to return the payment made by mistake. •Negotiorum Gestio- the voluntary management of the property. There is an initiative of other party though, they do not an agreement. The law imposes an obligation on the part of the owner to reimburse the other party from expenses. Every crime, all criminal violations has a corresponding civil liabilities, it includes: •Restitution- returning the value •Reparation - paying damages cause •Idemnification - paying other damages Quasi Delicts- cause damages to others without contract. Article 1163: it is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure delievery of obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. Incidental duty- if one party is obliged to deliver a specific thing then there is an incidental duty that obligation comes with it the obligation to take of specific property, so that diligence of a good father of a family is the standard care. Diligence of a good father -the standard care or ordinary care. Extra ordinary care- highest standard of care observe by the common carriers and bank. Note: the article 1163 will apply only in case that the object to be delivered is a determinate or specific object. 2 kinds of object: •Specific/determinate - has sufficient particularity, cannot be substitute. •Generic determinate - class or genus, can be substitute. Article 1163 is applicable only if property involve is specific determinate because it cannot be substitute, if it has been lost. If the property is generic, it pertains to class or genus, it does not need to exercise the diligence of a good father of a family because genus does not perish. "Debtor is not liable if failure to preserve the thing is due to a fortuitous event." An exception of this, the law does not apply to obligations with generic thing because standard of care is useless. Different kinds of fruits: Natural fruits - spontaneous products of soil, and the young and other prodcuts of animals. Industrial fruits - produced by land through human cultivation or labor. Civil fruits- derived by virtue of juridical relation. Meaning of personal and real right: •Personal right- right or power of creditor enforceable against a particular person or passive subject •Real right - right or interest of creditor over a specific thing without definite passive subject, enforced directly against the world. "Accessory follows the principal" when the obligation has been perfected, the ownership was transferred from the seller (obligor) to buyer (obligee). Once the contract has been perfected, then the obligor is now bound to deliver the fruits of the principal case Article 1165: Specific real obligation can demand a. Specific performance of obligation + indemnity b. Rescission + recovery of damage then, payment of damage Generic real obligation a. Can be performed by third person b. Creditor cannot force the debtor to make the delivery, but can ask for performance of obligation c. Can recover damage in case of breach General rule: if thr thing is lost or destroyed due to fortuitous event, the obligation is extinguish. Article 1166: Accessions- fruits or additions or improvements Accessories - things included to the principal for better use or completion General rule: accessory follows principal. 2 distinctions (delay) Ordinary delay- failure to perform an obligation on time Legal delay (default) - delay that results in breach contract Kinds of delay or default: •Mora Solvendi- fault of debtor •Mora Accipiendi- fault of the creditor •Compensatio Morae- both have
PARAMBITA SHENNICA ELAH T. (BSA-2B) I've learned in this video that in Art. 1156 An obligation is a juridical necessity to give, to do, or not to do. There are 4 Requisites of Obligation, those are: Passive Subject known as the Debtor. It is also a person who is bound to the fulfillment of the obligation. Active Subject-matter known as the Creditor. It is also a person who entitled to demand the fulfillment of an obligation. Subject Matter- it is what the object is all about. And last is the Juridical Tie binding the parties to an obligation. In obligation there 2 kinds which are the Real which means to give and Personal which means to do or not to do. Obligation arises from: Law wherein it imposed by law, Second is Acts or Omissions punish by the Law wherein it is all about tge criminal offenses. Contracts- meeting of minds of 2 person to perform an obligation based on agreement. Next is, Quasi-contracts wherein its juridical relation resulting from lawful, voluntary and unilateral acts. And there are 2 example of it which are the Negotiorum Gestio means voluntary business or affairs of another without consent or authority that creates an obligation. And the Solutio Indebiti which refers to payment mistakes. And last, the Quasi-delicts wherein it has an acts or omission that cause damage to another.
Morante, Marelle BSA 2B I learned that: Obligation means that one is bound to render something to another. Obligation arises because of law imposed by the government, acts caused of criminal offenses, contracts that is based on terms and conditions on the agreement, quasi-contracts that has no agreement, paid by mistake or by means of saving of property caused by natural disasters with voluntary act, quasi-delicts arises from damages.
Fajardo, Mitch Larmaine L. BSA-2A Here are some of the key terms I learned in this video: The Article 1163 will apply only incase the object is Specific or Determinate. One of the reasons is that it has sufficient particularity which means it can't be substituted if it has been lost. In the side of Generic/Indeterminate, it doesn't require to exercise the diligence of a good father of a family because genus does not perish which means you can buy or replace the object if it has been lost. There is two kinds of Quasi contracts which is the Negotiorum Gestio and Solutio Indebiti. Negotiorum Gestio-Voluntary, with consent Solutio Indebiti- Received by mistake, return to the owner Personal Right Vs. Real Right Personal Right- Enforceable against a particular person or passive subject. Real Right- Right or interest of creditor over a specific thing without passive subject. It binds the property regardless of the person against whom it can be or enforced against. We have two distinctions of delay: Ordinary Delay- When the party failed to perform an obligation on time there is no punishment for this. Legal Delay- Delay the results in breach pf contract. Kinds of Delay or Default 1. Mora Solvendi 2. Mora Accipiendi 3. Compensatio morae GENERAL RULE: All rights are transmissible except when it is prohibited by law or prohibited by the parties' stipulation
Juros, Princes Jean P. BSA-2A I've learned from this video fron Article 1156. An obligation is a juridical necessity to give, to do or not to do. Juridical necessity is a necessary to do of the Passive subject which is the obligor, it means the Passive subject who will fulfill the obligation to Active subject which is the Obligee or the who has a right to demand to fulfill the obligation. The object of the contract is what we called Prestation in otherwise to give money or to pay and last Juridical tie (Contract or Law) binds or to connect to passive and active subject. Example: Princess is obliged to pay her income tax. Passive: Princess Active: Philippine Government since they are the one who responsible to the taxes. Prestation: To give money (to pay) Juridical tie: Law (Tax Code)
Borromeo, Andria R. (BSA 2B) These are the key points that I've learned from the video: Article 1156 - An obligation is a juridical necessity to give, to do or not to do. It states that an obligation must performed otherwise there will be corresponding consequences. An obligation not to give is not included in the article because it is already included in obligation not to do. Requisites of Obligation Passive subject- is the party which is bound to perform the obligation. Active subject- the one who is interested in performance of the obligation. Juridical tie- the one who connect the parties. Object- subject matter. Kinds of Obligation Real obligation involves of delivery of something to another person. While, Personal Obligation involves rendering some service. Obligation arises from: Law- imposed by law. Acts or Omissions punished by law- if you refuses to perform certain act which is required to be done by the law then you commit criminal offenses. Contracts- based on agreement. Quasi-contracts- is like a contract but has no agreement or prior understanding. Quasi Delicts- these are damages arising from torn. Article 1158: States that if a particular act has not been ordered by law then such obligation is not presumed to exist. Compliance in good faith means you have to perform according to the terms and condition of contracts. All crime has corresponding civil liabilities. Restitution- means you have to return the property stolen or if the property is considered as loss then you will just pay or return the value of the property. Reparation- you have to pay damages that cause incovenience of other party. Indemnification- paying other damages. Quasi-delicts- causes damages to others without contract. Article 1163: States that if obligation consist of delivery of specific thing then the law gives incidental duty.
Article 1163 will apply only in case that object to be delivered is specific object. Debtor is not liable if failure to preserve the thing is due to a fortuitous event. Exception to the law, when the obligation pertains to generic thing in which case even if object is lost then the obligor is still required to deliver the thing. Personal right- is enforceble by against a particular person or passive subject. Real right- is enforceable against the whole world. It binds the property regardless of the person against whom it can be enforced against. Accessory follow the principal, means once the contract has been perfected then the obligor is now bound to deliver the fruits of the principal. Article 1165 General rule: If the thing is lost or destroyed due to fortuitous event the obligation is extinguished. Exemptions: -Delay -Promise to deliver the same to 2 or more persons of different interests -Generic thing Article 1169 In reciprocal obligation, you will not delay if other party is not ready to comply with his part of contract. NO DEMAND, NO DELAY Exceptions: 1. When the obligation or law so provides. 2. Time is a controlling motive. It is of the essence. 3. When demand would be useless. Ordinary delay- failure to perform an obligation on time. No punishment Legal delay- delay that results in breach of contract. Kinds of delay 1. Mora solvendi- fault of the debtor 2. Mora accipiendi- fault of the creditor 3. Compendsatio morae- both have. No delay in negative personal obligation. When both parties are already in delay, there's no delay. Article 1170 4 Ground of Liability 1. Fraud (deceit or dolo) -Dolo causante (causal fraud) means fraud upon commencement of contract -Dolo incidente (incident fraud) means fraud in the performance of the obligation. 2. Negligence or culpa 3. Delay or mora 4. Contravention of the terms of the obligation covers all form of violation Article 1172 Kinds of Negligence 1. Contractual negligence (culpa contractual) - negligence in contracts resulting in their breach. 2. Civil negligence (culpa aquiliana) - negligence which itself is the source of an obligation between the parties not so related before by any pre-existing contract. 3. Criminal negligence (culpa criminal) - when crime is commited by negligence.
Dela Chica, Beniline D. 1 BSA - B Good day, Atty. Here are my takeaways after watching this video of yours. This video contains Articles 1156-1178. Article 1156 defines what is an obligation. An obligation is a juridical necessity to give, to do, or not to do. It is a juridical necessity because in case of non-compliance, there will be corresponding penalties and it gives the other party a remedy to go to the court and ask the other party to comply with the obligation. This article also includes the four requisites of an obligation namely passive subject or the debtor, active subject or the creditor, object or prestation, and the juridical tie. The debtor is the one who has a duty while the creditor is the one who has a right to demand for the fulfillment of the obligation. Meanwhile, the object is the subject matter, or the prestation to give, to do, or not to do while the juridical tie is what binds or connects the parties to the obligation. Article 1157 are the sources of obligation which includes the law, contracts, quasi-contracts, delicts or torts, and quasi-delicts. 1. Law is a rule of conduct or system of uniformity, just and obligatory, promulgated by a competent authority, and for common good and observance. 2. Contracts according to Article 1305 of this Civil Code, is a meeting of minds between two persons whereby one binds himself with respect to the other, to give something or to render some service. 3. Quasi-contract is a juridical relation resulting from lawful, unilateral, and voluntary acts (LUV) by which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of the other. A quasi-contract is a contract but not a contract. Why? Because a contract has an object, payment, and consent or a meeting of minds between two persons while quasi-contracts have only object and payment, without consent since it is a voluntary act. In addition, Quasi-contract has two kinds: Negotiorum Gestio - voluntary act from a person, and Solutio Indebiti - payment by mistake. 4. Delicts or torts or crimes is an act or omission which are punishable by law. 5. Quasi-Delicts is an act or omission by a person which causes damage to another, in his person, property, or rights giving rise to an obligation to pay for the damage done. Quasi-Delicts also contain requisites. It must have an act or omission, fault or negligence, damage caused, no pre-existing contractual relation between the parties, and a direct relation or connection of cause and effect between the act or omission. In Article 1158-1162, it tackles the expanded learnings regarding the sources of obligations. For Chapter 2 which is about the Nature and Effects of obligation with 16 Articles, from Article 1163-1178. After watching the video, I was able to distinguish the difference between a specific thing and a generic thing, the duties of the debtor to give, to do, or not to do the specific or generic thing, the rights of the creditor to the fruits if the things wherein the accessories follows the principal, different kinds of fruits, personal and real right, the remedies for different kinds of obligation in specific and generic thing, the ground for liability (fraud, delay, negligence, and contravention of the terms of obligations, the fortuitous events and the responsibility of the debtor for loss or damage object resulting from fortuitous events, the presumptions, and that all the rights are transmissible. I would like to thank Atty. Reyes for making this kind of video. It helps me better understand what the book cannot explain clearly. That's all, thank you!
BSBA-2A BukSU Cabanglasan Satellite Campus I've learned that the Law of Obligations and Contracts is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreement and particular contracts. An Obligation is a juridical necessity to give, to do or not to do. As business administration student it is essential in any businesses, contracts are important because they outline expectations for both parties, protect both parties if those expectations aren't met and lock in the price that will be paid for services.
ALA, TRIXIE KLEIN ANNE L. 1-BSA-A Good evening Atty. Reyes, thankyou for this lecture video. I already watched all of the part of chapter 1, 2 and 3. By reading the content of the book and with the help of your lecture video I learned the different articles and their corresponding meaning such as. Article 1156 states that, an obligation is a juridical necessity to give, to do, or not to do. An obligation is a juridical necessity because an obligation must be fulfilled or performed otherwise, there will be a corresponding penalty for non-compliance. The absence of essential requites, the obligation will not be binding or effective between parties it should have a concurrence of the four requites Essential requisites of obligation a passive subject known as debtor or obligor, an active subject called creditor or obligee refers to the one who has the right to demand an obligation, an object or the subject matter and the juridical tie or the one that binds to connect the parties in an obligation. KINDS OF OBLIGATION IN SUBJECT MATTER REAL OBLIGATION-TO GIVE PERSONAL OBLIGATIONE-TO DO NT TO DO. Under article 1157, it states where the obligation arises from. Obligation arises from the law, contracts, quasi-contracts, acts or omission punished by law, and quasi-delicts. I will discuss each in the next articles Article 1158, states that if a law is assumed then it is demandable. If the law is not assumed, then it is not demandable. Meaning, if a particular act has not been ordered by law or has not been expressly provided by law then the obligation is not presumed to exist. Law does not required obligation to be in any form to be validity except for the contracts that needed written Ex. obligation to pay taxes according to Article 1158 the obligation imposed by law must be expressly provided by law otherwise we cannot presume that there are obligation. In the absence of clear provision of law there is no obligation if law does not provide that obligation There are special law that not contained in the civil code such as Corporation code, insurance law and labor code. It is regulated by the provision that establish them. In article 1159, it discusses the obligation arising from contracts have force of law between contracting parties and complied w/ in good faith Contract according to article 1305 of civil code is defined as a meeting of minds between two persons whereby one bind himself, with respect to other, to give something or to render some service. Contract is the law between parties. Contract has the force of law. Contract should not run contrary to the constitutional and statute BINDING FORCE-obligation arises from contract has force of law between two parties BREACH OF CONTRACT-Failure or refusal to comply Compliance in good faith- -compliance in accordance to stipulation of a contract or agreement There are three essential requisites of contract the COC( Consent, Object and Cause or consideration) An obligation derived from quasi-contracts is mentioned in article 1160. Wherein quasi-contracts refer to juridical relation resulting from lawful, unilateral, and voluntary acts by virtue (LUV). Quasi-contracts have two kinds, which are negotiorum gestio pertains to the voluntary management of the property or affairs of another without the consent of the latter, and the solutio indebiti which refers to the payment by mistake. In article 1161, it talks about the civil obligations arising from criminal offenses which shall be governed by penal laws. It also includes civil liabilities. Art 100 or revise penal code Every person criminally liable is also civil liable for damages except in crimes with no material damage. Ex. violation of comprehension dangerous drug act he is criminally liable, but you do not have civil liability. Scope of 1161 1. Restitution or returning the value. 2. Reparation or paying damages for whatever crime has been caused. 3. Indemnification or paying for other damages. Article 1162 explains the obligations derived from quasi-delicts. In which quasi-delicts define as an act or omission by a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for damage done, there being fault of negligence but there is no pre-existing contractual relation between the parties REQUISITS OF QUASI DELICTS 1.there must be an act or omission 2. there must be fault or negligence 3. there must be damaged cause 4. there must be a direct relation or connection or cause and effect between act or omission and damage 5. there is no contractual relation between parties. Nature and effect of obligation in chapter two start at article 1163 According to article 1163, Every person obliged to give something, is also obliged to take care of it with proper diligence of a good father of a family , unless the law or the stipulation of parties requires another standard of care. Diligence of a good father is the standard of care, but it is not just the standard of care there is also extra ordinary care which is the highest standard of care observed by the common carriers like our public transportation vehicle such as jeepney and bus. There are two kind of things the specific and generic thing Specific or determinate- a thing that physically segregated others of the same class and it cannot be substituted like 100-peso bill with a serial number in it Generic or indeterminate -refers to a class or genus which it pertains to, and it cannot be pointed out with particularity. It can be substituted like an Iphone12 Duties of debtor in an obligation to give or to deliver a specific or determinate thing 1. Preserve the thing 2. To deliver the fruits of the thing 3. Deliver the accession and accessories 4. Deliver the thing itself 5. Answer for the damages in case of non-fulfillment or breach DUTIES OF DEBTOR IN OBLIGATION TO GIVE / to deliver generic thing 1. To deliver the thing w/c is of the quality intended by the parties 2. To be liable for damages incase of fraud, negligence, delay or contravention of the tenor thereof
Article 1164, The creditor has the right to the fruit of the thing from the time the obligation to delivery arises. However, he shall acquire no real right over until the same has been delivered to him There are three different kinds of fruits: 1.Natural fruits- spontaneously products of soil and young of animals, without the intervention of human labor 2.Industrial fruits- fruit produced by land through human intervention, cultivation, or labor. 3.Civil fruits- derived by virtue of juridical relation RIGHTS OF THE CREDITOR TO THE FRUIT (specific real obligation) The creditor is entitled to the fruit of the thing to be delivered from the time the obligation to make deliver arises. GENERALLY, the right arises from the time the contract is perfected. Unless the obligation is subject to a suspensive condition or suspensive period It suspends the obligation to deliver Ownership is acquired by delivery either actual or constructive delivery Actual delivery-ex. Lazada, Shopee Constructive delivery- ex house and lot, car Personal right has a definite active and passive subject in real right there is only definite active subject “Accessory always follows the principal” It means that once the contract has been perfected the debtor is now bound to deliver the principal with the accessory if ever that there is an accessory. There are also 3 essential requisites on the perfection of contracts under article 1164, these are consent, object, and payment of consideration. ARTICLE 1165 Remedies of creditor in real obligation Specific real obligation can demand o Demand specific performance with a right to indemnity for damages o Demand rescission or cancelation of obligation with a right to recover damages o Demand payment of damages I only where it is only feasible remedy REMEDIES OF THE CREDITOR ARE IN THE ALTERNATIVE AND NOT COMMULATIVE OBLIGATION TO DELIVER A GENERIC THING REMEDIES OF THE CREDITOR in Generic real obligation A third person can perform it If the obligor delays or has promised the same thing to two or more persons who do not have the same interest If there is fortuitous event generally a debtor is exempted from liability if his noncompliance is due to a fortuitous event ART 1165 par 3 has 2 exceptions to the general rule 1. When obligor delays in the delivery 2. When the obligor has promised to deliver the same specific thing to two or more persons having different interest. He would still be liable ARTICLE 1166- THE OBLIGATION TO GIVE A DETERMINATE THING INCLUDES THAT OF DELIVERING ALL ITS ACCESSIONS AND ACCESSORIES even though they may not have been mentioned Accession- are fruits of or addition to or improvements upon the principal thing. EXCLUSION OF ACCESSION IS THE EXEPTION AND NOT THE GENERAL RULE Accessories-things joined to the principal thing for the latter’s better use or completion. Right of creditor in accession and accessories General rule, all accession and accessories are considered included in obligation to deliver determinate thing although they may not be mentioned this is based on ACCESORY FOLLOWS THE PRINCIPAL ARTICLE 1167 If a person obliged to do something fails to do it same shall be executed PERSONAL OBLIGATION/POSITIVE Contemplated 3 situations 1.Debtor fails to perform an obligation to do 2. debtor perform an obligation to but contrary to the terms 3. debtor perform an obligation to do but in poor manner. REMEDIES OF CREDITOR in positive personal obligation 1.If debtor fails to comply with his obligations to do the creditor has the right to a. To have obligation performed by himself or by another unless personal consideration are involved at debtor expense b. To recover damages (1170) 2.in case the obligation is done in contravention of term of the same or poorly done, it may be ordered that it be undone if it is still possible to undone what is done In 1167 there is a remedy on the part of creditor to let the obligation be done by 3rd person but in 1165 creditor has option to compel the debtor to deliver what has been promise A specific performance cannot be ordered in personal obligation to do because this may amount to involuntary servitude w/c is a rule prohibited under our constitution ART 3 SEC.18 PAR 2 In personal obligation to do specific performance cannot be ordered because it is contrary to what the constitution provides. The personal qualification of the debtor is the determining motive for the obligation contracted The performance of the same would be impossible or would result to be so different that the obligation could not be considered performed. ARTICLE 1168 When obligation consist of not doing and the obligor does what has been forbidden for him it shall be also undone at his expense Remedies of creditor in negative personal obligation Obligation is fulfilled in not doing what is forbidden this kind of obligation the debtor cannot be guilty of delay ARTICLE 1169 Those obliged to deliver or to do something in delay from the time the obligee judicially or extrajudicially demands from the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist KIND OF DELAY Ordinary delay- merely failure to perform an obligation on time Legal delay/default/ mora- failure to perform obligation on time w/c failure constitutes a breach of the obligation. Different kind of delay/default/ mora 1. MORA SOLVENDI- Delay on the part of debtor (to give, to do) 2. MORA ACCIPIENDI- delay on the part of creditor to accept performance of obligation 3. COMPENSATIO MORAE- delay of the obligor in reciprocal obligation like in sale REQUISITES of delay by debtor 3 conditions must be present before mora solvendi can exist its effect may arise 1.failure of debtor to perform positive obligation on the date agreed upon 2.demand must be made by creditor to comply with his obligation either juridical (complaints files in court) and extra judicial demand (complaints made outside court, orally or in writing) 3. failure of debtor to comply such demand the three requisites presupposes that the obligation is due and demandable at it is already liquidated for the delay to actually set in there is no delay if the obligation is not yet demandable or due ARTICLE 1170 1170 pertain to incidental fraud GROUND FOR LIABILITY Fraud- deliberate or intentional evasion of the normal fulfillment of an obligation. Casual fraud Employed at the execution of a contract under 1338 CONTRACT IS VOIDABLE WHEN CAUSAL FRAUD EXISTED VITIATING CONSENT NEGLIGENCE- any voluntary act or omission there being no malice which prevent the normal fulfillment of an obligation DELAY(MORA) ART 1169-determine commencement of delay CONTRAVENTION OF THE TERM OF THE OBLIGATION- Violation of terms and condition stipulated in the obligation. Contravention must not be due to fortuitous event ARTICLE 1171 PERTAINS TO INCIDENTAL FRAUD RESPONSIBILITY ARISING FROM FRAUD IS DEMANDABLE IN ALL OBLIGATION. ANY WAIVER OF ACTION FOR FUTURE FRAUD IS VOID. Responsibility arising from fraud can be demanded with respect to all kind of obligation. Negligence-not all time are demandable *This is because fraud is considered serious that its employment to avoid fulfillment of one’s obligation should be discourages* WAIVER OF ACTION FOR FUTURE FRAUD IS VOID WAIVER OF ACTION FOR PAST FRAUD IS VALID WAIVER OF PAST FRAUD IS CONSIDERED AS AN ACT OF GENEROSITY AND MAGNANIMITY ON THE PART OF THE VICTIM ARTICLE 1172 (negligence) Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts according to the circumstances KIND OF NEGLIGENCE ACCORDING TO SOURCE OF OBLIGATION 1. CONTRACTUAL NEGLIGENCE (CULPA CONTRACTUAL)- Negligence in contract resulting to breach (under 1172) Contractual Negligence is not a source of obligation CONTRACT is the source. 2. CIVIL NEGLIGENCE (CULPA AQUILIANA) Negligence w/c by itself a source of obligation between the parties not so related before by any pre-existing contract ( QUASI-DELICTS) 3. CRIMINAL NEGLIGENCE/CULPA CRIMINAL Negligence resulting in commission of a crime In negligence cases the aggrieve party may choose between CRIMINAL ACTION UNDER ART.100 OF REVISED PENAL CODE OR CIVIL ACTION FOR DAMAGES UNDER ART 2176 OF THE NEW CIVIL CODE *UNDER ARTICLE 1277 THE CIVIL CODE PROHIBITED TO RECOVER TWICE FOR THE SAME NEGLIGENCE ACT*
Pamplona, Maynalyn Y. 1BSA-A After I watched this video, it helps me to understand the lesson. And here are what I have learned. -According to Article 1156, an obligation is a juridical necessity to give, to do, or not to do. An obligation is a juridical necessity because it must be fulfilled or performed otherwise, there will be a corresponding penalty for non-compliance. It also has essential requisites which are, a passive subject known as debtor or obligor or the doer of the obligation, an active subject called creditor or obligee refers to the one who has the right to demand an obligation, an object or the subject matter and the juridical tie or the one that binds o connect the parties in an obligation. Moving forward to article 1157, it states where the obligation arises from. It arises from the law, contracts, quasi-contracts, acts or omission punished by law, and quasi-delicts. Article 1158, states that if a law is assumed then it is demandable. If the law is not assumed then it is not demandable. Meaning, if a particular act has not been ordered by law or has not been expressly provided by law then the obligation is not presumed to exist. In article 1159, it discusses the obligation arising from contracts. And which contract is defined as a meeting of minds between two persons whereby one bind himself, with respect to other, to give something or to render some service. An obligation derived from quasi-contracts is mentioned in article 1160. Wherein quasi-contracts refer to juridical relation resulting from lawful, unilateral, and voluntary acts by virtue. It has two kinds, which are negotiorum gestio pertains to the voluntary management of the property or affairs of another without the consent of the latter, and the solutio indebiti which refers to the payment by mistake. In article 1161, it talks about the civil obligations arising from criminal offenses which shall be governed by penal laws. It also includes civil liabilities. (1) Restitution or returning the value. (2)Reparation or paying damages for whatever crime has been caused. (3)Indemnification or paying for other damages. In article 1162, explains the obligations derived from quasi-delicts. In which quasi-delicts define as an act or omission by a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for damage done, there being fault of negligence but there is no pre-existing contractual relation between the parties. In the second part of the video, I learned about the nature and effect of obligations. Article 1163 states that every person is obliged to give something is also obliged to care of it with the proper diligence of a good father of a family unless the law or the stipulation of the parties requires another standard of care. Meaning you should take care of the thing before it will be an obligation because if there is no care then it will become nugatory. It will not create a juridical necessity to deliver the object. Article 1163 only applies in the case that the object delivers is determinate or specific. It will not apply when the thing is generic or indeterminate. Article 1164 explains that the creditor has the right to the fruits. In which there are 3 kinds of fruits(natural, industrial, and civil fruits). According to article 1165, as a general rule, if the thing is lost due to a fortuitous event, the obligation is extinguished. However, there are exceptions. (1)If the debtor has incurred delay. (2) If the debtor promise to delivers the same to 2 or more persons of different interests. (3)If the object is a generic thing. Article 1166 discuss accessions that pertain to fruits, or additions, or improvements. On the other hand, accessories are things included in the principal for better use or completion. Article 1167 is an article about the breach of personal obligation as well as the remedies of the creditor for non-compliance of the debtor. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone to his expense which discusses in article 1168. "No demand, no delay" explains in article 1169. Meaning, you cannot be delayed if one party is not ready to comply with his part of the contract. However, there are exceptions. It is when the obligation or law so provided. When time is controlling motives. And, when demand would be useless. I also noted that there is no delay in negative personal obligations. Article 1170 discusses the four grounds of liability. (1)Fraud. (2)Negligence. (3) Delay. (4)Contravention of the terms of obligation-cover all forms of violation. Article 1171, responsibility arising from fraud is demandable in all obligations. Any waiver of action for future fraud is void while waiver of past fraud is valid because it acts of generosity and magnanimity from the part of the creditor. According to article 1172, there are three kinds of negligence. The contractual negligence pertains to the negligence contract resulting in their breach. Civil negligence - negligence which by itself is the source of an obligation between parties not so related before by any pre-existing contract. The last, criminal negligence, or the crime committed by negligence. In Article 1173 it must be shown that there was negligence. There are many variables to consider when deciding negligence, including the extent of the duty, the person's circumstances, the time, and the place. According to Article 1174, if an obligation is breached due to accidental or fortuitous circumstances, no one is responsible. Acts of man, such as theft and violence, are distinct from acts of God, such as natural disasters.Usurious transactions are regulated by special rules, according to Article 1175. The amount of interest must be in accordance with the rules. There must be a written agreement, payment of interest that is specifically stipulated, and lawful interests in order to recover interests. In article 1176, If the borrower collects the payment without reservation with regard to the interest, there is a presumption that interest has already been paid which has been stated in Article 1177. Lastly, according to Article 1178, if there is no stipulation to the contrary, all rights gained as a result of an obligation are transmissible. Thank you!
Sabiaga, Judith C. HRM - 3B This is what I've learned after watching this video: Under Article 1156 An obligation is juridical necessity to give, to do, or not to do. Manresa, a Spanish comentator in Civil Law, defines an obligation as the legal relation between one party and another, the latter is bound to the fulfillment of a prestation which the former may demand on him. Requisites of Obligation - Active Subject - the person who is entitled to demand the fulfillment of an obligation. - Passive Subject - the person who is bound to the fulfillment of an obligation. - Efficient Cause - the legal tie which binds the parties to the obligations; otherwise known as juridical tie or vinculum juris. Article 1157 Obligation arise from: 1.) Law - wherein they are imposed by law itself. 2.) Contracts - when they arise from the stipulations of the parties. 3.) Quasi-contracts - when they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another. 4.) Act or omission punishable by law - when they arise from civil liability which is the consequences of a criminal offense. 5.) Quasi-delicts - when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exist between the parties. Article 1158 refers to the legal obligations or obligations imposed by specific provisions of law, which means that obligations arising from law are not presumed and that to be demandable must be clearly provided for, expressly in the law. Article 1163 Every person obliged to give something is also obliged to take care of it with proper deligence of a good father of a family unless the law or the stipulation of the parties requires another standard of care.
Conta, Emmanuel P. 1BSA-A Thank you, Atty for the discussion about General Provision. Article 1156 states “An obligation is a juridical necessity to give, to do or not to do.” Obligation means tying or binding, meaning a person is bound to render something to another person and also it is a juridical necessity. Juridical necessity in case of non-compliance, the aggrieved party has a remedy to enforce the fulfillment of the obligation to the court. Requisites of Obligation Passive subject (debtor, obligor)- bound to fulfillment of the obligation Active subject (creditor, obligee) - entitled to demand the fulfillment of the obligation Juridical tie - it binds the party Object- subject matter of the obligation Kinds of Obligation Real - involves delivery of a thing to the oblige Personal - involves rendering an act to be done or not to be done Article 1157 Sources of Obligation: Law - when imposed by law itself Contract - when based on agreement Quasi-Contract - it is a juridical relation arises from lawful, unilateral, and voluntary act or what Atty. Reyes called as LUV Acts or Omissions punished by Law - when arises from criminal offenses Quasi- Delict - when arises from damages Article 1158 Says that obligations that are expressly provided by law are demandable meaning that if a particular act has not been ordered by law then it is not presumed to exist. Article 1159 Contract has the force of law as long as all the essential elements of the contract are present for it to be valid. If the contract is violated, the aggrieved party can go to court and seek for redress of his grievances. Also, compliance in good faith means that performing an obligation should be in accordance to the terms and conditions of the contract. Article 1160 2 kinds of Quasi-Contract Negotiorum Gestio - voluntary without consent. Solution Indebiti - received by mistake, return to the owner Article 1161 Crime as a source of obligation is governed by criminal laws or penal laws. Under Article 100 of the Revised Penal Code every crime or criminal violations has corresponding civil liabilities which includes Restitution (returning the value), Reparation (paying damages cause), and Indemnification (paying other damages) Article 1162 Requisites of Quasi-Delict are: • There must be fault or negligence • There must be act or omissions • There must be damage caused • There must be direct relation between act or omission to the damage • There must be no pre-existing contract The differences of crimes and quasi-delicts were also distinguished. Article 1163 Diligence of a good father of a family, it is the standard care or default care, while extraordinary diligence is the highest standard of care observed by common carriers and banks. Good father of a family is used because it is borrowed from the Roman Law concept. In this article the two kinds of objects were also discussed: Determinate/Specific- Cannot be substituted Indeterminate/Generic- Can be substituted Genus never perishes. Article 1164 Different kinds of fruits: Natural Fruits- spontaneous products of the soil and the young of animals; without human intervention Industrial Fruits - produced by land through human cultivation Civil Fruits - derived by virtue of juridical relation like payment of rent Personal Right - right or power of the creditor which is enforceable against particular person or passive subject Real Right - is when a right or interest over specific thing is without definite passive subject, it is enforceable against the whole world. Accessory follows the principal The ownership only transferred from the seller to buyer when the obligation has been perfected. 3 essential Requisites on the perfection of the contract 1. Consent 2. Object 3. Payment of Consideration Article 1165 General Rule: If the thing is lost or destroyed due to fortuitous event the obligation is extinguished. But there are exceptions: 1. Delay 2. Promise to deliver the same to 2 or more persons of different interests 3. Generic thing Article 1166 Accessions - Fruits or additions or improvement Accessories - Things included to the principal for better use or completion Article 1167 It is about the breach of personal obligation. What would be the remedy if the personal obligation is breached: Specific Performance is not applicable since it is violative against the constitutional right Obligations not to do and the obligor does it the creditor may have it undone at the expense of the debtor Article 1168 When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1169 States that in reciprocal obligations neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other party begins. No Demand, No Delay Exceptions: 1. When the obligation or law so provides 2. Time is a controlling motive. It is of the essence 3. When demand would be useless Delay (mora) - failure discharge of duty on due date and time Two distinctions of delay (mora) 1. Ordinary Delay - failure to perform an obligation on time. No punishment 2. Legal Delay - delay that results in breach of contract Kind of Delay or Fault 1. Mora Solvendi - fault of the debtor 2. Mora Accipiendi - fault of creditor 3. Compensatio Morae - both have No delay in negative personal obligations When both parties are already in delay, there is no delay Article 1170 4 grounds of liability 1. Fraud (deceit or dolo) - deliberate evasion of normal fulfillment of an obligation a. Dolo causante (causal fraud) - Fraud upon perfection of the contract b. Dolo incidente (incidental fraud) - Fraud in the performance of the obligation 2. Negligence (fault or culpa) - voluntary act or omission, there being no bad faith or malice, which prevents the normal fulfilment of an obligation 3. Delay (mora) 4. Contravention of the terms of the obligation Article 1171 Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void while waiver for past fraud is valid because it serves as an act of generosity and magnanimity from the part of the creditor. And waiver arising from negligence is valid when the standard of card is the ordinary care or the proper diligence of a good father of a family. Article 1172 Kinds of negligence 1. Contractual Negligence (culpa contractual) - negligence in contract resulting in their breach. 2. Civil Negligence (culpa aquiliana) - negligence which by itself is the source of an obligation between the parties not so related before by any pre-existing contract 3. Criminal Negligence (culpa criminal) - crime committed by negligence Negligence is an act no matter how wrongful would not amount a crime in absence of a law defining such act as a crime Article 1173 If the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. Article 1174 General Rule: Obligation is extinguished if the loss of the thing is due to a fortuitous event Article 1175 Requisites of recovery of interest: 1. Payment of interest is expressly stipulated 2. Written agreement 3. The interest must be lawful Article 1176 It is presumed that the prior installments are already paid even without its receipts even there are later installments Article 1177 Remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims: 1. Exact fulfillment with right to damages 2. Pursue the debtor’s leviable property Article 1178 General Rule: All rights are transmissible Except: Prohibited by law Prohibited by the parties’ stipulation
What I learned after I watch the video *Article 1156 - An obligation is a juridical necessity to give to do or not to do •Obligation - One is bound to render something to another. •Juridical Necessity - means obligation must be fullfilled. •To give - The delivery of something •To do - The performance of an act •Not to do - Prohibition not to perform a certain act. *Requisites of obligation* •Passive subject (Debtor -person bound to perfrom obligation) •Active subject (Creditor -The one interested in the performance) •Juridical tie (Binds to connect parties ) •Object (Subject matter) *Article 1157 •Law •Acts or immision punished by law(criminal offenses) •contracts (based on agreement) •quasi contracts (a Juridical relation, resulting from LUV) *Article 1158 •Assumed/ Expressed (Demandable •Not assumed (not demandable) *Article 1159 Contract •Has its force of law •All essential elements are present •Breach of contract/violation *Aricle 1160 Two kinds of quasi contracts •Negotiorum Gestio -Voluntary without concent •Solutio Indebiti -Received by mistake, return to the owner *Aricle 1161 Civil liabilities Restituion - returning the value Reparation- paying damanges Indemnification- paying other damages *Article 100 of the revised penal code -every crime all criminal violation has a corresponding civil liabilities •criminal liability- pertaining to imprisoned men also pertain to the payment of fine. •civil liabilities- it can ve in the form of restitution,return the property stolen. *Article 1162 Requisites of quasi delicts •fault or negligence - direct relation •act or omission -no pre existing contract •damaged caused - no pre existing contract Chapter 2 *Article 1163 - it is ancidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor futhermore, parties can stipulate another standard of care. •Good father- Roman law concept during the time only in the roman impire only man can enter into an contract in the society. •Incidental duty- obliged to deliver specific thing •extra ordinary care - highest standard of care observed by the common carriers and bank. *Article 1164 Different kind of fruit Natural fruits, industrual fruits, civil fruits •personal right •real right 3 essential realistic on the perfection of the contract 1.consent 2.object 3.payment of consideration *Article 1165 A. specific performance of obligation + indemnity B. recission + recovery of damage C. payment of damage *Article 1166 •Accessions Frutis of additions or improvements •Accessories Things included to the principal for better us or completion *Article 1167 •Specific performance is not applicable since this would be violate of the debtor constitutional right againts involuntary servitude. •Obligation not to do and the obligator does it the creditor may have it undone at the expense of the debtor. Liza Ann Marie A. Germones HRM 3B
JIMENEZ, JOYCE ANNE BSA-2B I learned in Article 1156: An obligation is a juridical necessity to give, to do or not to do. It means that the Debtor or the person who is bound to performed an obligation and the Creditor or the person who is interested in the performance of obligation are bind together through a juridical tie. It means that if the debtor does not comply with the obligation, the debtor will have to face a corresponding penalties. But according to article 1158: if the obligation or act is not assumed or not expressed in law, then the said obligation are not pressumed to exist. I also learned about Quasi-contracts, it does not have an agreement but exist through a juridical relations resulting from lawful, unilateral and voluntary act. There are two kinds of quasi- contract, the first one is Solutio indebiti, it means that if one person paid by mistake, then these create an obligation on the part of payee to return the payment made by mistake. The second one is Negotiorum gestio, it is when someone voluntary act for your benefit there creates an obligation to you to reimburse the expenses the person use for your benefit.
Garcia, Pamela Eunice S. BSA - 2B There 2 articles that stock in my mind, and they are Article 1162 and Article 1164. Article 1162 Comparison between and crime and quasi-delicts. A crime may involved a malicious intention while quasi-delicts is from the negligence. And also Crime is the partner of criminal and civil liable while quasi-delicts only partners with civil liable. Article 1164 The most important thing i learned from this article is the civil law principle. Accessory follows the principal because when the obligation has been perfected, the ownership waa transferred from the seller to the buyer. And the example about the female dog and its puppy is very easy to understand. There are also three kinds of fruits and they are natural, industrial, civil fruits that we need to understand their differences.
Patricia Jhoana R. Pedrigosa 1BSA-B I've learned that Article 1156 defines what obligation is. "An obligation is a juridical necessity to give, to do or not to do". There are 4 requisites of an obligatuon which is the Passive, Active, Juridical tie and object. There are aloso two kind of obligation, which is the Real (to give) and Personal (it can be positive or to do and negative or not to do) Article 1157 states that Obligations arises from law, contracts, quasi-contructs, acts or ommision punished by law and quasi delicts. These sources are came from different article. Such as 1158 says that obligations derived from law are not presumed. It means that obligation must be expressly provided by law otherwise we cannot presume. Article 1159 says that contract is the meeting of minds between two parties were in one bind himself with respect to the other to give something or to render some service. There are three essential requisites of contract which is consent, object, and cause or consideration. Article 1160 tells about obligations derived from quasi-contract. It says that quasi-contract is arises from LUV or Lawful, Unilateral and Voluntary act. There are two types of quasi-contract, Negotiorum Gestio and Solution Indebiti. On Article 1161, it is the obligation arises from criminal offenses. It says here that a person that is criminally liable is also civilly liable. Article 1162 are obligations arising fron quasi-delicts or torts. It states there the differences between crimes and quasi delicts. Also these are some key points for the next articles I've learned: °Specific/determinate has sufficient particularly while Generic/indeterminate is a class or genus °Fortuitous events are not forceable or forceable but inevitable (exemption: generic things) °Genus nunquam perit or genus never perishes °There are 3 kinds of fruit; Natural, Industrial and Civil °Personal right is the right against a particular person while real right is the right against the world °General rule: Accessory follows the principal °"No demand, no delay" Except: 1) When the law so provides 2) Time is of the essence 3) When demand would be useless °Delay(mora) - failure discharge of duty on due date and time. It has two distinctions: Ordinary and Legal delay °Kinds of delay: Mora Solvendi(fault of debtor), Mora Accipiendi(fault of the creditor), and Compensatio Morae(both have fault) °Fraud (decit/dolo) is an intentional evasion of the normal fulfillment of an obligation °Waiver for the future fraud is void but waive for the past fraud is valid °Only incidental fraud is demandable °Negligence (fault or culpa) is the voluntary act/ omission without bad faithor malice °There are 3 kinds of negligence: Contractual, Civil and Criminal °If the contract is silent the diligence which is to be observed in the performance that which is expected of a good father of a family shall be required, except the things is genus or the thing needs an extraordinary care °Central Bank Circular No. 799 states that if there is no stipulation, the interest would be 6% °Central Bank Circular No. 905 states that it is free to stipulate any amount of interest as long as it is considered "iniquitous or unconscionable Thank you Atty. 😊
Galang, Leigh Nicole S.
Pamantasan ng Cabuyao
1 BSA - A
Good Day Atty. Reyes! After watching your video, I learned that in obligations there is a set of rights, the right of debtor and the right of creditor. I was enlighten by your discussion and I know that this is not enough because we have a lot to know and experience. I also learned and understand the meaning of juridical necessity the four requisites of an obligation, the kinds of obligation, the real obligation and the personal obligation. I have also learned that obligation arises from law, contracts, quasi-contracts, delicts, and quasi-delicts. Thank you for the knowledge Attorney!
Thank you for the compact recoded discussion, attorney. It really helped a lot for me to understand the texts in the book. The very thing that I remembered the most is "Article 1165 states that an obligation is a juridical necessity to give, to do, or not to do." That gave me the "Ahhhh" moment, when I realized why your channel was named like that.
An obligation "to give" means that there is delivery of a thing; "to do" means performance of something; and "not to do" is the prohibition of doing an act, and this also includes "not to give".
In total, there is only two sources of obligation: the law and contracts; the other three: delicts, quasi-delicts, and quasi-contracts, are already included in the "law".
The requisites of an obligation are: passive subject (debtor), active subject (creditor), object or prestation (subject matter), and juridical or legal tie (efficient cause).
Alindogan, Genevieve M.
1BSA-A
Thank you for this video, Atty. This video really helped me to deeply understand the topics. It explained the article 1156, wherein it stated the definition of an obligation. An obligation is a juridical necessity to give, to do or not to do. Obligation means that one is bound to render something to another. This video answered my question before, why an obligation is a juridical necessity. I found out that it is because an obligation must be fulfilled or performed, otherwise there will be a corresponding penalty for non-compliance. Means that if an obligation was violated then it gives the other party a remedy to go to court and ask for a particular relief. That also means he can evoke the power of the court to order the other party to comply with the obligation. I knew the different prestation and its corresponding definition. To give means the delivery of something, to do means the performance of an act, and not to do, it is the prohibition not to perform a certain act. In this video, I learned that the obligation not to give is actually included in the obligation not to do. I also took in the requisites of obligation. These are the following:
1. Passive subject- it is the party which is bound to perform the obligation
- it is the debtor in obligation
2. Active subject- it is the one who is interested in the performance of an obligation.
3. Juridical/Legal tie- Is what binds or connect the parties. It is the efficient cause. This is the legal relationship between the parties.
4. Object- It is the subject matter in an obligation. It may consist in giving, doing or not doing.
In addition to this, the kinds of obligation: Real obligation and personal obligation. Real obligation (consists of an obligation to give) involves delivery of something while the personal obligation (consists of an obligation to do) involves rendering some service.
Positive Personal Obligation- do to
Negative Personal Obligation- not to do
Moreover, Article 1157. This article stated that an obligation arise from:
1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omissions punished by law; and
5. Quasi-delict
These are the sources of an obligation:
Law- defined as a rule of conduct, just an obligatory, promulgated by a competent authority, for the common observance and benefit.
Contracts- These are the agreements. These are covenants entered into by private individuals.
Quasi-contracts- It is not a contract but there exist juridical relation resulting from what is called LUV:
L-awful
U-nilateral
V-oluntary Acts
2 kinds of Quasi-Contracts
Negotiorum Gestio- voluntary; without consent
Solutio Indebiti- payment by mistake, received by mistake, return to the owner
Acts or omissions punished by law- if you have committed certain acts or you refuse to perform a certain act which is required to be done by the law then you commit criminal offense. Criminal offense shall governed by laws which is also a source of an obligation.
Quasi-delict-obligations arising from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exist between the parties.
Article 1158. Only those obligations which are expressly provided by the law are demandable.
Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Compliance in Good faith- performance according to terms of contract between parties.
Article 1160. Obligations arising from contracts.
Article 1161. Obligations arising from crimes.
ALL CRIMINAL VIOLATION HAS A CORRESPONDING LIABILITIES
Scope of liability
Restitution- returning the value of something lost/stolen
Reparation- paying damages caused
Indemnification for consequential damages- paying other damages
Article 1162. Obligations arising from quasi-delict.
Requisites of quasi delicts
Fault or negligence- direct relation
Act or omission- no pre-existing contract
Damage caused- no pre-existing contract
Direct relation of cause and effect between the act or omission and the damage
Criminal Liability- fine/imprisonment
Civil- form of restitution/returning the value
Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.
If the obligation consist of delivery of a specific thing then, the law imposes a diligence of a good father.
Diligence of a good father- it is borrowed from the Roman Law Concepts wherein only men can enter in a contract in the society)
- It is the default care
Incidental duty- that duty comes with it
If a person who is obliged to give something and not obliged of that object then the obligation will be rendered nugatory.
Extraordinary care. It is the highest standard of care observed by the common carriers(public utility vehicles)
Specific/Determinate thing- it has a sufficient particularity and cannot be substituted when lost
Generic/Indeterminate thing- class or genus and can be substituted.
This article will apply only incase that the object to be delivered is a determinate thing.
Article 1164
- Real right is what acquired upon delivery, while ownership is transferred from the perfection of the contract.
DIFFERENT KINDS OF FRUITS
Natural fruits- spontaneous products of soil, and the young and other product of animals.
- product without the intervention of human labor
Industrial fruits- produced by land through cultivation of labor
Civil fruits- derived by virtue of a juridical relation
Article 1165- Only apply for determinate thing.
Article 1166-
Accessions- fruits of a thing
- not necessary to the principal thing
- Accessories- things included with the principal thing
- Civil law principle: Accessory follows principal
Article 1167- If a person obliged to do something fails to do it, the same shall be executed at his cost.
Article 1168- In an obligation not to do, the duty of the obligor is to abstain from an act.
Article 1169- NO DEMAND, NO DELAY
Article 1170
Grounds for liability:
Fraud(Deceit or dolo)- Intention evasion of the normal fulfillment of an obligation
2 types of fraud
Incidental fraud(dolo incidente)
Causal fraud(dolo causante)
Negligence(fault/culpa)- It is any voluntary act or omission, there being no bad faith or malice
Delay(mora)- Failure to perform an obligation on time which failure constitutes an obligation
Contravention of the terms of the obligation- This is the violation of the terms and conditions stipulated
Article 1171-
Waiver of action for future fraud void- it allows the performance of fraud in the side of the debtor.
Waiver of action for past fraud valid- it is an act of generosity and magnanimity from the part of the creditor.
Article 1172- Validity of waiver of action arising from negligence- it is the standard of care, the ordinary care, the diligence of a good father of a family.
Good day Atty. Thank you for this very informative lecture. Here are my takeaways after watching the lecture.
Article 1156 states that an obligation is a juridical necessity to give, to do, or not to do. Hence, one is bound to render something to another. Also, an obligation is a juridical necessity because it must be fulfilled otherwise, there will be a corresponding penalty for non-compliance. Furthermore, the requisites of obligation include the passive subject (debtor/obligor), active subject (creditor/obligee), juridical tie (binds or connect parties), and object or prestation (subject matter of the obligation).
Article 1157 indicates the sources of obligation and these are: law, contracts, quasi-contract, acts or omissions punished by law, and quasi-delicts.
Article 1158 states that only those obligations which are expressly provided by law are demandable.
Article 1159 talks about a contract having a force of law and that all essential elements are present. In case of breach or violation of a contract, the aggrieved party can go to court and seek for redress of his grievances.
Article 1160 states that quasi-contracts are a juridical relation resulting from lawful, unilateral, and voluntary acts (LUV). There are two kinds of quasi-contract and these are: negotiorum gestio (voluntary, without consent) and solutio indebiti (payment by mistake or when something is received when there is no right to demand)
Article 1161 states that criminal offenses shall be governed by penal laws.
Article 1162 talks about quasi-delicts as damages arising from tort which is not amounting to a crime. The requisites of quasi-delicts include fault or negligence (direct relation), act or omission (no pre-existing contract), damage caused (no pre-existing contract).
Article 1163 talks about the standard care or the diligence of a good father of a family that must be observed if the obligation consists of the delivery of a specific thing. Extraordinary care, on the other hand, is the highest standard of care observed by the common carriers and banks. Moreover, things are classified as specific or determinate (cannot be substituted if it has been lost) and generic or indeterminate (class or genus, and it can be substituted because genus never perishes - genus nunquam perit).
Article 1164 states that real right is what acquired upon delivery, while ownership is transferred from the perfection of the contract. Fruits are classified as natural fruits (spontaneous product of soil and young of the animals, without the intervention of human labor), industrial fruits (produced by land through human cultivation or labor), and civil fruits (derived by virtue of juridical relation).
Article 1165 talks about the general rule that if the thing is lost or destroyed due to a fortuitous event the obligation is extinguished except if the obligor delays or has promise to deliver the same thing to two or more persons of different interest, and if the thing is generic or indeterminate. Moreover, accessions and accessories are distinguished. Accessions refer to the fruits or additions or improvements while accessories are the things included to the principal for better use or completion.
Article 1166 states that accessory follows the principal.
Article 1167 talks about the breach of a personal obligation.
Article 1168 states that when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Article 1169 is all about the concept of no demand, no delay. The exceptions are when the obligation or law so provides, when time is a controlling motive, and when demand would be useless. Furthermore, kinds of delay include mora solvendi (fault of the debtor), mora accipiendi (fault of the creditor), and compensatio morae (fault of both debtor and creditor).
Article 1170 includes the 4 grounds of liability and these are:
1. Fraud (deceit or dolo)
a. Dolo Causante (causal fraud)
b. Dolo Incidente (incidental fraud)
2. Negligence (fault or culpa)
3. Delay (mora)
4. Contravention of the terms of the obligation.
Article 1171 states that responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
Article 1172 indicates the kinds of negligence according to the source of obligation and these are: contractual negligence (culpa contractual), civil negligence (culpa aquiliana), and criminal negligence (culpa criminal)
Article 1173 states that if the contract is silent, the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required except if the thing is a genus and if the thing needs an extraordinary care.
Article 1174 indicates the requisites of a fortuitous event and these are: (1) independent of a human will or at least of the debtors will, (2) the event could not be seen, or if foreseen, is inevitable, (3) impossible for the debtor to comply with his obligation in a normal manner, and (4) there is no concurrent negligence on the part of the debtor.
Article 1175 states the requisites of recovery of interest and these are: payment of interest expressly stipulated, written agreement, and the interest must be lawful.
Article 1176 states that the presumption will be only applied if the prior installments have been paid and only if the receipt indicates which month the payment is being made for.
Article 1177 talks about the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims. These include the exact fulfillment with the right to damages, pursue the debtors leviable property, exercise all the rights and bring all the actions of the latter for the same purpose, and impugn the acts.
Article 1178 states the general rule that all rights are transmissible except if it is prohibited by law, and prohibited by the stipulation of the parties.
Galing sir more laws to discuss pa pp
AMBUBUYOG, MILLIEZEL V.
BSBA HRM - 3B
Although the video is too long to be watched, Sir Reyes really explained it well.
Oblicon opened my eyes to the good side of law. I was able to understand the different rights we have and the circumstances wherein we could benefit from them.
In this video, I also learned that the Business Law Obligation and Contract refers to what is legally required of each of the parties involved in a contractual agreement. The law requires individuals who enter into legal agreements to uphold their end of the contract. In business contracts and other types of contracts, one party has the right to pursue legal action against the other if he or she breaches the agreement.
Thank you Sir! More power po!!!😇
Thank you for the lecture, Atty.
These are things that I’ve learned after watching this video, “Article 1156 an obligation is a juridical necessity to give, to do or not to do.” To give means to deliver of something, to do means to perform an act and not to do is the prohibition of not to perform a certain act though the obligation not to give was not included in the definition provided by law, to give is actually included in the obligation not to do. Obligation is bound to render something to another that means obligations must be performed otherwise there will be corresponding penalty. These are the Requisites of obligation Passive Subject the debtor, Active Subject the creditor, Juridical Tie this is legal relationship that binds both parties and last is the object this is the subject matter in the obligation.
Under Article 1157 in this civil code there are several sources of obligation or where the obligation arises first is the Law, second is Acts or Omissions punished by Law, third is Contracts, next is Quasi-contracts or no contract ad last is Quasi-Delicts means arises from damages. Quasi-Contracts has two types the first one is the Solutio Indebiti which means received by mistake and the other one is Negotiorum Gestio it’s voluntary it takes charge of the property of another. In Article 1158 only those obligations which are expressly provided by law are demandable which means that if a particular act has not been ordered by law or has not been expressly provided by law then such an obligations is not presumed to exist which means if it is not included or promulgated as a law there’s no obligation at all. Under Article 1161 Criminal offenses shall be governed by penal laws. Every crime or all criminal violations has a corresponding civil liabilities or what they called Criminal Liability which pertaining to imprisonment.
Under Article 1163 It is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. Diligence of a good father of a family was borrowed in the Roman law concept which means only men can enter to a contract in the society.
Under Article 1164 Real right is what acquired upon delivery, while ownership is transferred from the perfection it is an incidental duty to preserve a thing of the contract. There are 3 types of fruits first is the natural fruits it is spontaneous products of soil and young of the animals without the intervention of the human labor, second is the industrial fruits produced by land through human cultivation or labor and last is the civil fruits it’s derived by virtue of juridical relation.
Under Article 1170 there are 4 Grounds of Liability, first Fraud (deceit or dolo) it’s deliberate or intentional evasion of the normal fulfillment of an obligation under this it has two Dolo causante (causal fraud) and Dolo incidente. Next is Negligence (fault or culpa), third is Delay (mora) and last is Contravention of the terms of the obligation covers all form of violation. Article 1172 kinds of negligence according to source of obligation, Contractual negligence (culpa contractual), Civil negligence (culpa aquiliana) and Criminal negligence (culpa criminal) imprisonment and payment of damages is the punishments.
ABAJA, MARY RENE D.
BSBA- HRM3A
Lucaba, Glenda Angela N.
1BSA-A
First and foremost, I would like to thank and acknowledge the effort of Atty. Reyes for creating this video and letting everyone in this community like us, to learn what is Law on Obligations and Contracts is all about.
Upon watching this video, I learned how broad obligations take part in our law specially when it stresses the duty of the obligor in its fulfillment. I learned that when someone binds himself to someone, do something unlawful and even because of his negligence, he should comply and follow what has been ordered whether he likes it or not because in case of non compliance, there will be a corresponding penalty like having to pay for damages, or worse imprisonment. Article 1156 has a profound influence in every one of us even in the things we never thought would be, or already is our obligation. One of the topics that really caught my mind is where obligations arise from, I learned that there is really no exemption in the law, whatever we do publicly, privately, or even between parties, we should be responsible and be mindful because there will always be a punishment if we seek to take advantage of the things or people that we shouldn't be. People sometimes forgot how to act in accordance with the law, but this video really helps in educating everyone not just students, to be knowledgeable and aware about our duties in our self, in the community and in our country.
I also learned that the fulfillment of an obligation always comes within the diligence of a good father. A person is not just obliged to comply with his duties but also to take of the object with standard or extraordinary care according to the agreed stipulation. Besides, an obligation to fulfill with the diligence of a good father should always be specific and not generic or else it will be unconsiderable, however a fortuitous event will not exempt the obligor from the obligation specially when the object is generic. Aside from that, in a contract of sale when it is already perfected, the accessions, accessories, and fruits should always follow the principal even when it is not stated in the contract.
In conclusion, I honestly learned a lot from this video and what I think is the greatest thing it did to a student like me is the realization of how our law works along with its conditions, rest assured that all of our learnings in this video will always be kept in our minds and heart. Thank you again, Atty!
Ortega, Annaztacia
1BSA-A
Thank you atty. Actually I watched your videos 4 times to be able to fully understand. I've learned a lot from your videos starting from the Introduction to Law so I write a summary of the lesson. Under Article 1156, the definition of obligation is a juridical necessity to give, to do, or not to do. The obligation not to give was not included in the definition provided by the law. There are requisites of obligation, the passive subject which are the debtor and active subject which are the creditor. The passive subject is the person who is bound to performed obligation while the active subject is the one interested in the performance of the passive subject. The third requisites is the juridical tie which binds or connect the parties and the last is the object, it is the subject matter. There are also kinds of obligation, a real obligation involves the delivery of something to another person while personal obligation involves rendering some service. Under the civil code and article 1157, there are several resources of obligation. The obligation arises from law, acts or omissions punished by law, contracts, quasi-contracts, and quasi-delicts. Under 1158, not only those obligations which are expressly provided by law demandable which means that in particular act has not been ordered by law or has not been expressly provided by law then such obligation is not presume to exist. Under 1160, in quasi-contracts it is a juridical relation resulting from lawful, unilateral, and voluntary act. There are two kinds of quasi-contracts which are the negotiorum gestio means that voluntary or without consent, and solutio indebiti which means that receive by mistake, or return to the owner. Under article 100 of the revised Penal Code in every crime, all criminal violations has a corresponding civil liabilities. Under 1162, Civil liabilities includes restitution, reparation, and indemnification. There are also requisites of quasi-delicts which are the fault or negligence, act or omission, and damaged caused. Under the article 1163, it is an accidental duty to preserve a thing with ordinary care (diligence of the good father of the family) to ensure the delivery of an obligation and prevent negligence of the debtor. Under 1164, the obligation to deliver fruits arises when the time of the perfection of the contract, obligation is subject to suspensive condition, contract of sale, and from law, quasi-contracts and delics. There are natural fruits, industrial fruits, and civil fruits. Under the article, there are personal right that enforceable against particular person and real right enforceable directly against the world. There are also 3 essential requisites on the perfection of contracts under the article 1164, these are the consent, object, and payment of consideration. Under 1165, there are remedies of creditor in real obligation, the specific real obligation that can demand payment of damage, and general real obligation can be performed by third person and can recover damage in case of breach. The general rule of article 1165 is that if the thing is lost or destroyed due to fortuitous event the obligation is extinguished. There are also exceptions in this general rule, it is the delay, promise to deliver the same to 2 or more persons of different interest, and generic thing. Under 1166, there are accessions that pertains to fruit or additions or improvements while accessories pertains to the principal for better us or completion. Under article 1167, this article is about the breach of a personal obligation and under the 1168, when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Under 1169, it is the no demand, no delay. There are two distinctions, the ordinary delay which is the failure to perform an obligation on time, there is no punishment while legal delay it results to breach of contract. There are also kinds of delay it default, these are the moral solvendi which the fault of the debtor, mora accipiendi which the fault of the creditor, and the compensatio morae which both have. Under the article 1170, there are 4 grounds of liability, these are the fraud (deceit or dolo), negligence (fault or culpa), delay (mora), and contravention of the terms of the obligation-covers all form of violation. And under the article 1171, responsibility arising from fraud is demandable in all obligations, any waiver of an action for future fraud is void. These are the waiver for future fraud is void, waiver for past fraud is valid, and waiver arising from negligence is valid. Under 1172, there are kinds of negligence according to source of obligation which are the contractual negligence (culpa contractual), civil negligence (culpa aquiliana), and criminal negligence (culpa criminal). Under the article 1173, if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. And lastly, under 1174, the general rule is that obligation is extinguished if the loss of the thing is due to a fortuitous event. Under 1175, there are also requisites of recovery of interest which are the payment of interest is expressly stipulated, written agreement, and the interest must be lawful. Under 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments. Under the article 1177, there are remedies available to creditors for the obligation. Under article 1178, the general rule is all rights are transmissible. That's all.
Alburo , Laurice jane
BSA 2A
This discussion starts from article 1156 to 1178
summary of my learning
article 1156- 1160
discussed about definition of obligation, its requisites ,kinds and sources
1160-1165
tackled about crimes , its difference to quasi delics.
understanding what is the standard care to be observe and object as a specific and determine thing also real and personal right.
understanding the civil law principle .
and then the obligation to deliver fruits , what is fruits its kinds .
what specific and generic obligation can demand.
knowing what id accesions and accessories.
also the general rule and its exemption
1166-1178
intoduce me about breach of contract topics that underlies with it, throughout this article I've encountered interesting latin words that related to the topics specially in kinds of delay and the rest .
i also learned that topics of obligation have their exception..
thank you sir this is a very good introduction to law on obligation u made it smooth and not hard to comprehend, we hope it stays this way.
Dacillo, Mia France
1BSA-A
Thank you, Attorney. For making a video to fully understand what the law of obligation and contract is.
I’ve learned that in Article 1156. An obligation is a juridical necessity to give, to do, or not to do. when you say obligation that means that you are bound to render something to another. Juridical necessity means that obligation must be fulfilled or performed otherwise there will be a corresponding penalty for non-compliance. The obligation not to give was not included in the definition provided by law. There are requisites of obligation, the passive subject, active subject, juridical tie, and object. The presence of a passive subject or debtor is the party which is bound to perform the obligation. On the other hand, the active subject or the creditor in an obligation is the one who is interested in the performance of the obligation. The juridical tie, the juridical tie is what binds or connects the parties this is the legal relationship between the parties know what connects the parties together is what we call the juridical ties. The last requisite of an obligation is the object, the object is the subject matter in an obligation. There are different kinds of obligations it is real and personal, the real obligation consists of an obligation to give, while the personal obligation consists of an obligation to do or not to do. In other words, a real obligation involves the delivery of something to another person, while a personal obligation involves rendering some service. Under Article 1157, there are several sources of obligation, the obligation arises from law, acts or omissions punished by law, contracts, quasi-contracts, and quasi-delicts. Under Article 1158, only those obligations which are expressly provided by law are demandable which means to say that if a particular art has not been ordered by law or has not been expressly provided by law then such obligation is not presumed to exist. Under Article 1159, a Contract has the force of law as long as all the essential requisites of a contract are present. As long as all the essential requisites for its validity that it has the force and effect of law. In case a contract is violated or breached then the aggrieved party can go to court and seek for redress of his grievances. The concept of compliance in good faith, it says that in relation to contracts that means you have to perform obligation according to the terms and conditions of the contract. In article 1160, In quasi-contracts is not a contract but there exists a juridical relation resulting from what it called a luv. Lawful, Unilateral, and Voluntary Act. There are two kinds of quasi-contract, negotiorum gestio means voluntary without consent, and solutio indebiti means received by mistake, return to the owner. Under article 1161, civil liabilities it can be in a form of restitution means you have to return the property stolen, or in case that the property is no longer available, or the property is considered as loss then it will just have to pay or return for the value of the property. Under Article 100 of the revised penal code every crime, all criminal violations have a corresponding civil liability. Under Article 1162, quasi-delicts are damages to another person without a contract. There are requisites of quasi-delicts which are the fault or negligence, act, or omission, and damage caused. Also, there is a comparison between crime and quasi-delicts. Crime may involve intention while quasi-delict it’s the source of criminal liability is negligence. Under article 1163, it is an accidental duty to preserve a thing with ordinary care or with the diligence of the good father of the family, to ensure the delivery of an obligation and prevent negligence of the debtor. Under article 1164 the rights of the creditor to the fruits. Where real right is a right to use to prevent others from using it, will be acquired upon the delivery, meaning the right that has when they give birth to a contract it is only. personal right is a right to make someone perform some act or prevent someone from performing it. The ownership is transferred at the time when the terms and conditions of their agreement have been perfected. There are also 3 essential requisites on the perfection of contracts under article 1164, these are consent, object, and payment of consideration. In article 1165 it talks about the remedies of the creditor in real obligation, states that the creditor has granted a right or power to compel the debtor to make delivery. But it cannot use violence and force it must bring to the court so that the court will be the one to order the delivery. Under article 1166 “accessories follow the principal” means all accessions and accessories are considered to be included in the obligation to deliver in a determinate thing although they may not have been expressly mentioned this is because of the principle that accessory follows the principal. In article 1167 it is about the breach of a positive personal obligation and article 1168 is about the breach of a negative personal obligation. Under article 1169 “no demand no delay”. There are three kinds of delay such as mora solvendi, mora accipiende and compensation morae. No delay at negative personal obligation means obligation not to do, if he did it, still no delay but an only violation. Under article 1170, there are 4 grounds of liability, these are fraud (deceit or dolo), negligence (fault or culpa), delay (mora), and contravention of the terms of the obligation-covers all form of violation. Under article 1171, fraud a waiver for future fraud is void while in past fraud it is valid. Under article 1172, Negligence a waiver on negligence is valid the standard of care is ordinary care or proper diligence of a good father of the family, refers to culpa contractual. Under article 1173, if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. And lastly, under 1174, the general rule is that obligation is extinguished if the loss of the thing is due to a fortuitous event. Under article 1175, requisites of recovery of interest which there must be are the payment of interest is expressly stipulated, written agreement, and the interest must be lawful. Under article 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments. Under article 1177, there are remedies available to creditors for the obligation. Under article 1178 states that all rights are transmissible. All right may be transferred except prohibited by law and in the stipulation of the parties.
THANK YOU PO, SIR
Marjes, Kimberly Yrah R.
1 BSA-B
Thank you Atty. for clearly and understandably discussing the general provisions. We truly appreciate it as we learned that 1156 simply defines obligation as a juridical necessity to give to do or not to do, wherein as a juridical necessity, it offers right to the aggrieved party to call upon courts of justice to enforce what has been agreed.While 1157 provides the sources of obligation. Having the fist one in 1158,the legal obligation which imposed that having no clear provision of the law is having no obligation. Obligation arising from contracts was the 2nd,wherein according to 1159,the agreement or contract between 2 parties is in effect or has the force of the law and should be complied in good faith. 1160 also imposed how a party became bound to another because of quasi-contracts or due to another's voluntary, lawful and unilatiral act. As I have learned,Negotiorum gestio obliged the party reimburse the expenses of the person who voluntarily manage his property even without his consent while solutio indebiti imposed that a party who received a mistake payment has an obligation to return it.In 1161, the obligation came from commission of act or omission which give rise criminal and/or civil offenses.Lastly,1162 obligation from quasi-delicts as the last source of obligation. The law imposes that when a party causes damages or injury to another due to fault or negligence, this article obliged the person who cause damages to be liable to the injured party and has to answer for damages. Discussing the nature and effect of obligation taught me that the obliged party has an incidental duty to take of the thing with a proper diligence. The diligence may be stipulated at the agreement or expressed by the law. However if both are silent, it is required to exercise the diligence of a good father. The video also help me differentiate the three fruits such as natural,industrial and civil. Hearing about the accessories follows the principal made me understand the concept of accessories and accessions under the law. This video also helped me understand and how a party can be liable and the concepts on how and when the court can mitigate the payment of damages in case of fraud, delay, a fortuitous event, negligence or in contravention of the tenor as well as having the obligation performed in poorly manner.
Thank you and God bless po😊
Arlantico, Mary Rose C.
1 BSA-A
Good day, Atty. Reyes. Thank you for making this video, for us to understand the General Provisions and the Nature and Effects of Obligations. And here are what I learned after watching the video.
Article 1156 state that obligation is a juridical necessity to give, to do or not to do. The statutory definition of obligation is one who is bound to render or deliver something to another. On the other hand, juridical necessity, means that obligation must be fulfill or perform by other party otherwise there will be a corresponding consequences and penalties for the non-compliant. In addition, if the obligation has not been performed or it was violated by the non-compliant then it gives the other party to go to a court and ask for particular relief.
Prestation
To give- the delivery of something
To do- it pertains to performance of an act
Not to do- it is the prohibition not to perform a certain act
Obligation not to give was not included in the definition give by the law, but it is actually included in the prestation not to do.
Requisites of Obligation
Passive subject- the debtor or the obligor, a person who is bound to perform the obligation
Active Subject- the creditor or the oblige, one who is interested in the performance of obligation, person who is entitled to demand for the fulfillment of obligation
Juridical Tie- the legal relationship between the parties, it binds and connect the parties together
Object- or the prestation, it is the subject matter in obligation
Kinds of Obligation
Real obligation- prestation to give, it involves delivery of something to another person
Personal Obligation- involves the prestation to do and not to do
Article 1157
There are several sources of obligation
(1)Law, a rule of conduct, or a system of uniformity, just and obligatory, promulgated by a competent authority, and for common observance and benefit; (2)Acts or Omissions punished by law- if a person have committed certain acts or refuse to perform a certain act which is required to be done by the law, it means that the person committed a criminal offense; (3)Contracts- it is a meeting of minds entered into by private individuals, a private agreement between two individuals who bind themselves based on the terms and conditions of the agreement; (4)Quasi-contracts- a juridical relation resulting from lawful, unilateral and voluntary act. It is a semi-contract, a contract that exist by order of a court, not by the agreement of the parties. There are 2 types of quasi-contracts: Negotiorum Gestio (voluntary takes charge) and Solutio Indebiti (payment by mistake); (5)Quasi-delicts- damages arises from tort or civil acts which is not amounting to crime
Under the Article 1158, only those obligations which are expressly provides by law are demandable, which means that if a particular act has not been ordered by law or has not been expressly provided by law, then obligation is not presume to exist.
Under the Article 1159 is obligation derived from contracts.
Compliance in good faith - it is the performance according to terms and conditions of contract between the parties.
Under the Article 1160, obligation derived from quasi-contract
Article 1161
Criminal offenses- shall be governed by penal laws
Scope Civil liabilities included:
-Restitution
-Reparation
-Indemnification
Under the Article 100 of the revised penal code, every crime, all criminal violation has a corresponding civil liability
Under the Article 1162, is the definition of the quasi-delicts (cause damages to other without contract)
Requisites of Quasi-delicts
-Fault or Negligence
-Act or Omission
-Damaged caused
NATURE AND EFFECT OF OBLIGATIONS
Article 1163
It is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. If the obligation consists of delivery of specific thing, then the law imposed or requires the diligence of a good father of a family. Diligence of a good father of a family is the standard care or the ordinary care. While, extraordinary care is the highest standard of care observed by the common carries and bank.
Article 1163 will apply only the diligence of a good father of a family if the object is determinate or specific, but if the object is generic then there is no obligation on the part of the obligor or debtor.
Two types of Object
1.Specific/ Determinate- it has a sufficient particularity and it cannot be substituted if it has been lost
2.Generic/ Indeterminate- do not need to exercise the diligence of a good father of a family because genus does not perish (genus never perish)
“Debtor is not liable if failure to preserve the things is due to a fortuitous event”
Fortuitous event is not foreseeable, even if is foreseeable it is inevitable.
Article 1164
Consists of the three different kinds of fruits:
1.Natural fruits- it is the spontaneously products of soil and young of animals, without the intervention of human labor
2.Industrial fruits- it is a fruit produced by land through human intervention, cultivation or labor.
3.Civil fruits- derived by virtue of juridical relation
Under the Article 1164 is the ‘Personal right’ or the process of the creditor to enforce and demand against a particular person or the debtor and ‘Real right’, the interest of the creditor over a specific thing without debtor, it is also enforced directly against the world.
“Accessory follows the principal”
-Means that once the contract has been perfected then the debtor is now bound to deliver the fruit of the principal.
Under the Article 1165 and the general rule that if the thing is lost or destroyed due to fortuitous event the obligations is extinguished. It means that debtor is not responsible if the things is destroyed because of the fortuitous event. But there is also an exception to the general rule: if the debtor has incurred delay, promised to deliver the same to two or more person of different interest, and if the thing is generic.
Article 1166
Under the Article 1166 is the obligation of deliver a specific or determinate thing that includes the obligation to deliver accessions and accessories. Accessions are the fruits or additions or improvement. While accessories are the things included to the principal for better use or completion.
Article 1167 - Article about the breach of a personal obligations.
Article 1168- When the obligation consists is not doing, and the debtor does what has been forbidden him, it shall also be undone at his expense.
Article 1169
Under the Article 1169, is the principle of ‘NO DEMAND, NO DELAY’, which means that there will be no delay is one party is not ready to comply with his part of the contract.
Article 1170
Under the Article 1170, are the four grounds of liability.
1.Fraud, it is the deliberate or intentional evasion of the normal fulfillment of an obligation, it consists of dolo causante (casual fraud) and dolo incidente (incidental fraud)
2.Negligence, it a voluntary act or omission, it prevents the normal fulfillment of an obligation
3.Delay (mora), a failure to perform the duty on due date and time.
4.Contravention of the terms of the obligation
Article 1171, the responsibility arising from fraud that is demandable in all obligations.
Article 1172, is about the responsibility arising from negligence in the performance is demandable. There are three kinds of negligence:
1.Culpa contractual or the contractual negligence resulting in a breach
2.Culpa aquiliana or the civil negligence
3.Culpa criminal or the criminal negligence, a crime that is committed by negligence
Article 1174- the requisite of a fortuitous event, in which the obligation is extinguished if the loss of the thing is due to fortuitous event.
Article 1175, the requisites of recovery of interest such as: payment of interest is expressly stipulated, written agreement and the interest must be lawful.
Article 1176, is about presumption, and it will be only applied if the prior installments have been paid and only if the receipt indicates which month the payment is being made of.
Article 1177, is about the remedies available to creditors or oblige for the obligation is a mere hope possibility of termination satisfaction of their claims.
Article 1178
Under the Article 1178, it states that all rights are transmissible, except if it is prohibited by law and and prohibited by the stipulation or agreement of parties.
Thank you!
Pagela, Jerwin B. | 1BSA-A
This video taught me a lot about the articles or the general provisions. First is about the obligation. It gave me an much better understanding what is an obligation. Next is where are obligations coming from. I found out that there are 5 sources of obligations namely: (1) Law, (2) Contract , (3) Acts or Omissions, (4) Quasi-contracts and (5) Quasi-delicts. The following articles, specifically 1158-1162, gave me a much elaborated insight on how are obligations arise from these sources.
Overall, this video introduced everything about the general provisions to me clearly. However, if there's one thing that I can say I am grateful I knew of because of this video, it would "Ignorance of the law excuses no one".
Lagera, Rinalyn A. 1BSA-A
I've watched this video for 3 times so I can understand it better.
After I watched this video I have gain new knowledge which will be very helpful for me.
One of my favorite lesson or article is The Article 1156, wherein it states that an obligation is a juridical necessity to give, to do, or not to do. Based on what I've learned its all about the obligation of the debtor and Juridical necessity means the debtor must comply with his obligation if not there will be a sanction or punishment for non-compliance. More over, I've learned the different requisites of an obligation and that is the Passive, active subject, object and the juridical tie.
Next based on the video article 1157 pertains to obligation arises from Law, contracts, Acts or omission punished by law, quasi-delicts, quasi, contracts. Before, this new words was very hard to understand but because of this video, little by little I can understand it and distinguish it from another.
Lastly, there is one part in the lesson that strikes me and that is, "Ignorance of the law excuses no one" We as a citizen in our community we should not be ignorant to the law, every one of us is responsible and obligated to know the law. We cannot say that we dont even know about the law because that's our responsibility. Thank you for this video it reminds me that I should know the law for the betterment of the community and for my own sake also.
Good evening Sir. I'm Mariejo G. Vego from BSA-2A.
Here are the some key points that I've learned in the topic general provisions of law on obligations and contracts. First Article 1156 states that an obligation is a jurdical necessity to give, to do or not to do. It means that obligation is bound to render something, perform and not to perform a certain act. Obligation is juridical necessity because in case of non compliance, the other party can go to court and invoke the power of it to order another party to comply. Passive subject define as the party who is bound to fulfillment of the obligation while active subject is the person entitled to demand the fulfillment of the obligation. Juridical tie is the one who connects both parties and object is the subject matter. There are two (2) kinds of obligations, real and personal. In real obligation, subject matter is to deliver something to another person while in personal obligation subject matter is an act to do (positive obligation) and not to do (negative obligation). The five (5) sources of obligations are law, acts or omissions punished by law, contracts, quasi-contract and lastly the quasi delicts. I've also learned that only obligations which are expressedly provided by law are demandable and in contrast if it is not ordered by law it is non demandable and not presumed to exist. Civil liablity and criminal liability are different from each other. If someone commits a criminal violations, he can be imprison or pay a fine but if someone has civil liabilities he just need to return the value and pay the damage cause. Article 1163 says that if someone is oblige to do something, the law also gives him an incidental duty to take care of the object or the property. Common carriers has the highest standard of care since they are oblige to observe extraordinary care because the law wants to protect the general public. Same goes with financial institutions, to protect the deposits or the money of the public, they need to observe extraordinary care. Lastly I learned that the debtor is not liable if the failure to preserve the thing is due to fortuitous event which cannot foresee and prevent by anyone.
Thank you Sir for the effort and learnings ☺️
Geminiano, Hanna Rian T.
1BSA-A
Good day Atty. Reyes! These are what I have learned from watching your video. In Chapter 1, I have learned about Article 1156 which is "An obligation is a juridical necessity to give, to do, or not to do". It is a juridical necessity because incase of non-compliance, the courts of justice may be called upon to enforce its fulfillment. I have also learned about the sources of obligation in Article 1157 to 1162. Obligation arises from laws, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. Obligations come from law when imposed by the law. Quasi-contracts resulted from lawful, unilateral, and voluntary acts and has two kinds which is negotiorum gestio and solutio indebiti. Those who are criminally liable are also civilly liable. And Quasi-delicts are damage from another caused by acts or omission, with fault or negligence, but there is no pre-existing contractual relation between the parties.
In Chapter 2, I have learned that every person obliged to do something is also obliged to take care of it with the proper diligence of a good father of a family. I also learned about the difference of a determinate thing from a generic thing. It is also discussed in the video about the three different kinds of fruits which are the natural fruit, industrial fruit, and civil fruit. Another thing I learned is about accessions and accesories. The differences of fraud, negligence and delays are also tackled in the video. Lastly, I have learned that all rights are transmissible except when prohibited by the law or the parties' stipulation.
Misa, Jodelyn C.
1BSA-A
Hello, Atty. Reyes! I learned a lot by watching this video. I watched this video three times. This video explained to me article 1156, wherein it is a juridical necessity to give, to do or not to do. Also, its essential requisites, the passive subject, active subject, object or prestation and juridical or legal tie.
Furthermore, the kinds of obligation according to subject matter is real obligation which is the obligatiom to give and personal obligation which is the obligation to do or not to do. The personal obligation has two kinds the positive personal obligation and negative personal obligation.
Moreover, Article 1157, the obligations arises from law which is imposed by law itself, contracts that arises from the stipulations of both parties, quasi-contracts known as LUV, the lawful, unilateral and voluntary acts which are enforceable to the end that no one shall be unjustly benefited or enriched at the expense of the other, acts or omission punished by law which is the civil liability that has a consequence of criminal offense and quasi-delicts that arise from the damage caused to another through an act or omission.
In addition, Quasi-contracts has two kinds the negotiorum gestio which is the voluntary management of the property of another without the consent of the latter and solutio indebiti which is created when something is received but there is no right to demand.
In this video, the chapter 2 which is the nature of obligations are also discussed. Including the specific or determinate thing, generic or indeterminate thing, the different kinds of fruits, negligence, delays and fortuitous events.
I really learned a lot and I want to say thank you Atty. Reyes for making this video.
Melendrez, Jonalyn C.
1 BSA - B
After I watched this video, I was able to better understand all the Articles in General Provisions and the Nature and Effect of Obligations. Also, I've perceived what we should take note and memorize to be knowledgeable in every article.
Article 1156 stated that an obligation is a juridical necessity to give, to do or not to do. It tells that an obligation is a legal relation between parties, whereby one is bound to fulfill a prestation and another has the right to demand. It has four requisites that we should take into account. The passive subject (debtor/obligor), the active subject (creditor/obligee), the prestation and the juridical/legal tie. Article 1157 shows the sources of obligation. Obligations arise from law, contracts, quasi-contracts, crimes and quasi-delicts. Articles 1158-1162 are the detailed versions of the four sources of obligation. Article 1305 was also mentioned in this chapter wherein it states that a contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Legal obligations requires that the contract is enforceable by law.
In Nature and Effect of Obligations, I was able to understand all the articles in this chapter and memorize some of it. I've been able to determine and differentiate specific/determinate and generic/indeterminate thing. I've learned about the distinction of the three kinds of fruits. Indeed, it further serves as an eye-opener to be aware in remedies, responsibilities and requisites of a debtor and creditor.
Thank you for this video, Atty! Through this, I was able to perceived the different rights and duties we have and the circumstances wherein we could benefit from them.
Embido, Diana H.
BSA - 2A
Thank You po Atty. Reyes for making this video. Pwede po namin ma-download and mabalik-balikan ang lessons.
Article 1156 - An obligation is a juridical necessity, to give, to do or not to do.
That obligation must be fulfill or perform otherwise there will be corresponding penalty for non-compliance.
Juridical necessity - if the obligation was violated, it gives the agreed party a remedy to go to court and ask for particular relief.
There are 2 Different Kinds Of Obligation
Real - consist of an obligation to give. It involves the delivery of something to another person.
Personal - consist of an obligation to do, or not to do. It involves rendering some services.
Article 1157 - states that there are several sources of obligation. The obligation arises from:
1. Law - defined as rule of conduct, just and obligatory promulgated by the compotent authority for the observance of common good. If you commited crime then you will be under obligation.
2. Acts of Omissions punished by law - the criminal offenses
3. Contracts (based on agreement) - is private between two individuals where they bind themselves base on the terms and conditions of the agreement.
4. Quasi contracts - a juridical relation resulting from lawful, unilateral abd voluntary act.
2 kinds of Quasi Contracts
Solutio indebiti - payment by mistake. Ito yung nagbayad pero mali ang pinagbayadan o sobra ang bayad. Magdudulot ito upang magkaroon ng obligation sa part ng taong naka-received ng bayad na ibalik yung sobrang bayad or the payment made by mistake.
Negotiorum Gestio - ito yung may isang individual na nag-act on behalf of the other person without asking his consent to do that duty for them. For example, wala ka sa bahay nyo at nagkaroon ng bagyo. Yung bubong ng bahay nyo ay malapit ng tangayin, dahil may mabait kang kapitbahay. Nagtake action sya para hindi ito mangyare without your consent. Then magkakaroon ka ng obligation dahil para sa mga expenses that incurred.
Article 1158 - kung wala sa batas then walang obligation
Article 1159
Contract - as long as the contract has all the essential requisites for the validity then it has the force and affect of a law.
Compliance of Good Faith - means you have to perform obligations according to the terms and conditions of the contract.
Article 1160 - derived from Quasi contracts
Criminal offenses - it shall be governed by penal laws
under Article 100 - every criminal violations has a corresponding civil liabilities.
Criminal liability - you are pertaining to imprisonment and it may also pertain to the payment of fine.
Article 1164
Natural fruits - spontaneous products of soil and young of animals without human labor.
Industrial fruits - produced by land through human cultivation of labor.
Civil fruits - derived by virtue of juridical relation.
Personal right - right or power of creditor enforceable against a particular person.
Real right - right or interest of creditor over a specific thing without definite passive subject.
3 Essential Requisites on the Perfection of the Contract
1. consent
2. object
3. payment of consideration
Article 1167 - it is about the breach of a personal obligation
Article 1168 - when an obligation consists in not doing and the obligor does what has forbidden him, it shall also be undone at his expense.
Article 1169 - in reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him.
No demand, no delay - kahit may contract na in specific date at di mo nagawa, as long as wala pang demand hindi pa yan delay.
Exceptions:
- when the obligation or law so provides
- time is a controlling motive
Article 1170 - pertains to dolo incidente
Article 1172 - waiver arising from negligence is valid. When the standard of care is the ordinary care of the proper diligence of a good father of the family. Exception: the stipulation requires standard of care or an extraordinary care.
Article 1174 - General rule : obligation is extinguished if the loss of the thing is due to a fortuitous event.
Article 1175 - take note of requisite of recovery of interest
Article 1178 - General Rule: All rights are transmissible
Porio, Nathaniel John
1BSA-A
Thank you Atty. After I watch the video lesson I learned in Article 1156. An obligation is juridical necessity to give, to do or not to do.
- Obligation is a juridical necessity because in case of noncompliance, the courts of justice may be called upon by the agrieved party to enforce it's fulfillment or, in default thereof, the economic value that it pressent.
- Essential requisites of an obligation
Passive subject (debtor or obligor)
Active subject (creditor or obligee)
Object or prestation( subject matter of the obligation)
Juridical or legal tie ( efficient cause)
Article 1157
Obligation arise from:
1. Law- There is obligation when it was imposed by the law.
2.Contracts- When the both parties arise from stipulation.
3. Quasi-Contract - this are judicial relation arising from certain lawful,voluntary and unilateral acts by virtue of which the parties become bound to each other based on the principle that no one shall be unjustly enriched or benefited at the expenses of another.
5. Act or Punished by law - Civil liability is arised and it is the consequences of the criminal offense committed.
6. Quasi Delicts - When they arise from damages caused to another,there being fault or negligence,giving rise to the obligation to pay for the damage done. There must be no pre-existing contractual relation between the parties.
Ramos, Recyline A
BSA 2-A
Upon watching this episode, these are the key points of every article that I learned;
1. Article 1156, An obligation is a juridical necessity to give, to do or not to do. Obligation is a juridical necessity, because once the debtor is not complying to the agreed terms in the contracts, he/she will be considered as a violator and it has a corresponding penalty for that. There are four (4) requisites of an obligation. First is the passive subject, called as the debtor. It refers to the person who is bound to fulfill the obligation. Secondly, active subject or the creditor. Person who entitled to demand the fulfillment of the obligation. Third is the object, the subject matter in obligation and it is the one that is observed by the creditor. And last is juridical or legal tie that serves as the thing that connects the parties to the obligation. Scope of this article is the kinds of obligation in the subject matter; Real obligation is the obligation that obligor must deliver something or to give something to the oblige. Personal obligation is rendering services and is an act to be done or not to be done.
2. Article 1157, under this article, we have five sources of obligations. (1) The Law defines as a rule of conduct that promulgated by the authority in order to maintain the observance of the common good. (2) Contracts are the agreement between two (2) private parties or individuals based on their terms and agreements. (3) Quasi-contract is a kind of source that doesn’t have agreement but have a contract as a result of lawful, voluntary and unilateral acts. Under quasi-contracts, we have two kinds and those are; Solutio indebiti, defines as a mistake of payments, an error to pay the right person or having excess payments. As a result of this, the debtor must return the excess money or give the payment to the right person or else he/she will be penalized. Negotiorum gestio is the management of the property without the knowledge of the owner. (4) Acts or omissions punished by law is the criminal offense and acts punished by the law. (5) Quasi-delict is arising from the damage caused to another.
3. Article 1158, it includes the compliance of good faith that has a meaning of the performance with the accordance of the contracts between two parties. Contract has the force of law as long as the essential requisites are present. Both parties must have to act based on what their contract says, if one of them or both violated the contract, criminal offense shall be governed.
4. Article 1159 states that obligations that is in the contracts have the authority of law between both parties and must apply the compliance of good faith.
5. Article 1160 treats the obligations of both parties that has risen from the quasi-contract that they agreed on.
6. Article 1161, it deals with civil liability for damages from crimes. According to this principle, every person that violates the law has a corresponding civil liability. It may be an imprisonment or payment of fine. Scope of civil liability includes; Restitution or you have to return the stolen property. In case the stolen property is already gone, debtor must pay the value that has stolen. Reparation for the damage caused or to pay the damages caused by inconvenience that the commission of crime has cost. Last is the Indemnification or payment for consequential damages.
7. Article 1162 is about involving to quasi-delict. Before a person can be held liable for quasi-delict, there must be an act, fault or negligence, damage-caused, there is no pre-existing contractual relation, and there must be a direct relation of cause and effect between the act and the damage. This article also states that once a person is under quasi-delict, the obligor must pay the damage that he has done.
8. Article 1163 is about taking care of their obligations. Obligor must have a diligence of a good father of the family or have ordinary care to deliver the subject that obliged you to do.
9. Article 1164 is about the obligation regarding the delivery of fruits. Obligor must delivery fruits when; the time of the perfection of the contract, is subject to suspensive condition, contract of sale, and from law, quasi-contracts, delicts and quasi-delicts. In this article, it addressed the three (3) different kinds of fruits; Natural fruits that are the spontaneous products that don’t need the intervention of human labor. Industrial fruits are the products that resulted from the lands or agricultural works of farmers. And last is the Civil fruits that derived from thing operated by law, examples are rents and leases of lands and other properties.
10. Article 1165 have 2 kinds of remedies or rights in case the debtor fails to comply with his obligations. First is the specific real obligation that the debtor has the right to indemnity, the right to recover the damages or to pay the damages that he has done. Second is the generic real obligation defines that creditor cannot force the debtor to make or to take the delivery but can only ask for the performance of the obligation.
11. Article 1166 has the meaning of Accessions and accessories. Accessions are the things that are added for the improvement of a thing, while the Accessories are things that joined with the main thing for the completion of the thing.
12. Article 1167 states that if the other party failed to comply with the obligations that stated in their contracts, the person will be going to face penalties that are agreed to.
13. Article 1168 states that when the obligor did something that is forbidden by the contract, he or she will be undone at his expense.
14. Article 1169 describes that when the person who obliged to deliver something caused delay or when the obligee demands something and the obligor caused delay, the obligor will be going to face penalty.
15. Article 1170 states if the obligor is guilty of fraud, negligence or delay, he/she will be liable for the damage. Under this article, it has four grounds of liability; (1) Fraud is the intentional evasion of the normal fulfillment of an obligation. (2) Negligence which is the act or omission and having no bad faith or malice which prevents the normal fulfillments of the obligation. (3) Delay that an action had been taken slow and the last (4) Contravention of the terms of the obligation or the violation of terms and conditions demanded in the obligation.
16. Article 1171, Waiver of action for future fraud void means that it allows the performance of fraud in side of the debtor and this kind of action is not valid. Waiver of action for past fraud and negligence will only be valid if there is an act of generosity from the part of the creditor or there is an ordinary care or proper diligence of a good father of a family.
17. Article 1172 states that there is a validity of action risen from negligence if they exercise that extraordinary diligence as in the case of common carriers. It has three kinds of negligence; (1) is contractual negligence that describes as a negligence in contracts resulting of breach. (2) Civil negligence means that the source of obligations between two people does not related before the pre-existing contract. (3) Criminal negligence is a resulting from committing of crime, it has an affiliation like imprisonment or payment of damages.
18. Article 1173 states is when the contract is silent, the diligence that has been observed is expected to require a good father of a family.
19. Article 1174 states that fortuitous or foreseen events may happen when the event of obligation is happening. Fortuitous events are distinguished in two parts; (1) Acts of man ex. War, murder, robbery and (2) Acts of God ex. Earthquake, storms, calamities. This article also has a requisites of a fortuitous events and these are; (1) event must be independent of the human will or the debtor’s will, (2) event could be foreseen and if it’s foreseeable, then it is inevitable, (3) the event must be a such a character as to render, it is impossible for the debtor to comply with his obligation in normal manner; and (4) the debtor must be free from any participation in the injury to the creditor is no concurrent negligence on his part.
20. Article 1175 states that having usury transactions will be punished by special laws.
21. Article 1176 is describing that prior installments are already paid even without its receipts
22. Article 1177 is about the rights of creditors that they have the right to demand and to satisfy their claims and may bring all the actions for saving those inherent persons. They may also question the acts of the obligor in order to ensure that they haven’t done anything to defraud them.
23. Article 1788 talks about all rights are transmissible or can be passed to another if there is no stipulation to the contract.
Nofies, Gretchen M.
1 BSA-A
Thank youu for this lecture! Atty.
After I watched this video, I've learned that law has an important role to our lives as a citizen and as person. Can protect individual rights and liberties. Law provide a framework and rules to help resolve disputes between individuals. By creating some articles that may include for this lessons.
Reyes, Zhellie Mae
1-BSA-A
Thank you for this video Atty. This video helped me understand the general provisions as well as the nature and effect of obligations.
Article 1156 gives the definition of obligation in its passive aspect which states that "An obligation is a juridical necessity to give, to do, or not to do." It is a juridical necessity because the there could be a punishment in case of non-compliance.
REQUISITIES
Passive subject (debtor)
Active subject (creditor)
Object/Prestation (Subject matter)
Juridical/Legal Tie (Efficient cause)
In addition to that the article also states the nature which are the natural and civil obligations as well as the kind of obligation according to its subject matter which are the real obligations (obligation to give), positive personal obligation (to do) and negative personal obligation (not to do)
I also learned the sources of obligation which is stated in Article 1157. Obligation can come from law, when they are imposed by the law itself. Contracts, which is defined under Article 1305 as the meeting of minds between 2 person whereby one binds himself, with respect to the other to give something or to render some service. Quasi-contracts which is all about LUV or Lawful, Unilateral, Voluntary act which is enforceable to the end that no one shall be benefited at the expense of another. This source of obligation have 2 kinds which are the negotiorum gestio and solutio indebiti. The fourth source of obligation is acts or omissions punished by law, these pertains to the liability of a criminal offender to civil damages which is under Article 100 of Revised Penal Code. For the last source of obligation, it pertains to Quasi-delicts or acts that has caused damage for pure negligence without any pre-existing contractual relation between the parties.
For the second part of the video, I learned that every person who are obliged to give something is also obliged to take care of it with the proper diligence of a good father which came from Roman law where only men are allowed to enter into a contract. The parties can also seek for higher diligence which can be slightly or extraordinary care which is bestowed upon common carriers and banks and if the parties stipulated another standard of care then, its the one who should be followed by the parties however, the parties cannot stipulate that there should be no standard of care because it will treat the obligation nugatory. The video also discuss the different kinds of fruits which are the natural fruits, industrial fruits and civil fruits as well as the difference between accessions and accessories and how fraud, delay, negligence or in any manner contravene the tenor thereof are all liable for damages.
Cruz, Mariel E.
BSA - 2B
Here's the key terms I've learned from this video.
Obligation
- One is bound to render something to another.
Article 1156
- An obligation is a juridical necessity to give, to do, or not to do.
I also learned all of the topic from this video.
Armando, Aliyah Czarina R.
1 BSA-A
Thank you Atty. For making this video, it really helped me to further understand the lessons. Here are my takeaways after watching the video lecture.
Obligation is derived from Latin word “obligatio” which means a “tying” or “binding”.
Article 1156- An obligation is a juridical necessity to give, to do, or not to do.
- Juridical necessity means an obligation must be fulfilled must be fulfilled or performed, there is a corresponding penalty for non-compliance.
Different Prestations:
To give- the delivery of something
To do- the performance of an act
Not to do- the prohibition not to perform a certain act
(The obligation not to give was not included in the definition provided by the law)
(The obligation not to give is actually included in the obligation not to do)
Essential Requisites of an obligation
Passive subject (debtor or obligor)- bound to perform an obligation
Active subject (creditor or obligee)- entitled to demand the fulfillment of an obligation
Object or prestation (subject)- required to observed and performed by the debtor
Juridical or legal tie (efficient cause)- bind or connects the parties
Kinds of obligation
Real- to give (involves delivery of something to another people)
Personal- to do or not to do (involves rendering some services)
Positive (to do)
Negative (not to do)
Article 1157
Sources of obligations
Law- define as a rule of conduct, just an obligatory, promulgated by the competent authority for the good, for the observance of the common good.
Contracts- meeting of minds between two persons
Quasi Contracts (as if)- not a contract but exist a juridical relation
- arise from LUV ( Lawful, Unilateral, Voluntary)
Kinds of Quasi Contracts
Negotiorum Gestio- voluntary, without consent
Solutio Indebiti- payment by mistake, received by mistake, return to the owner
Crimes or acts or omissions punished by law- when they arise from civil liability which is the consequences of a criminal offenses
Quasi delicts or torts- there is a negligence
Article 1158- Only those obligations which are expressly provided by the law are demandable.
Article 1159- Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Article 1161
Scope of liability
Restitution- returning the value
Reparation- paying damages caused
Indemnification for consequential damages- paying other damages
Article 1162
Requisites of quasi delicts
Act or omission- no pre-existing contract
Fault or negligence- direct relation
Damage caused- no pre-existing contract
Direct relation of cause and effect between the act or omission and the damage
Article 1163
- If the obligation consist of delivery of a specific thing then, the law imposes a diligence of a good father
- Diligence of a good father- borrowed from the Roman Law Concepts (only men can enter in a contract in the society)
- Standard/Ordinary/Default care
- Indidental duty- that duty comes with it
- If a person who is obliged to give something and not obliged of that object/thing then the obligation will be rendered nogatory.
- Extraordinary care- highest standard of care observed by the common carriers(public utility vehicles)
- Specific/Determinate thing- has sufficient particularity and cannot be substituted when lost
- Determinate/Generic thing- class or genus and can be substituted
- This article will apply only incase that the object to be delivered is a determinate thing.
- Debtor is not liable if failure to preserve the thing is due to a furtuitous event(event not forsee or if forsee is inevitable)
Article 1164
- Real right is what acquired upon delivery, while ownership is transferred from the perfection of the contract.
Different kinds of fruits
Natural Fruits- spontaneous products of soil
Industrial Fruits- throigh cultivation of labor
Civil Fruits- by virtue of a juridical relation
Article 1165- Only apply for determinate thing
Article 1166- Accessions- not necessary to the principal thing
- Accessories- follows principal
- Civil law principle: Accessory follows principal
Article 1167- If a person obliged to do something fails to do it, the same shall be executed at his cost.
Article 1168- In an obligation not to do, the duty of the obligor is to abstain from an act.
Article 1169- NO DEMAND, NO DELAY
- Rule of Equity: When both parties are in delay, there is no delay)
Article 1170- Ground for liability: Fraud(incidental fraud & causal fraud), Negligence(fault/culpa), Delay(mora), Contravention of the terms of the obligation
Article 1171- Waiver of action for future farud void- allows the performance of fraud in the side of the debtor.
- Waiver of action for past fraud valid- it is an act of generosity and magnanimity from the part of the creditor.
Article 1172- Validity of waiver of action arising from negligence- the standard of care is the ordinary care/diligence of a good father of a family
After I watched this video, I've learned a lot such as,
Article 1156
An Obligation is juridical necessity to give, to do or not to do. Obligation means bound to render something to another while juridical necessity it's obligation must be fulfilled otherwise there will be corresponding.
-passive subject (debtor)
-active subject ( creditor)
-judirical title( relationship party)
- object (subject matter)
2 kinds of obligation
*Real- involves deliver something to another
*Personal- involve rendering some service.
Article 1157 Obligation arises from: law, Contracts, Quasi-Contracts, Quasi Delicts
There are 2 kinds of Quasi Contracts( Negotiorum Gestio and Solutio Indebeti
Article 1158
Only those obligation which are expressly provided by law are demandble.
Compliance in good faith means performance according to terms of contract between parties.
Article 1159
Delay Mora failure discharge or duty an due date and time.
Article 1163
It's an incidental duty to presence a thing with ordinary care to ensure the delivery of the debtor (good father of a family).
Article 1164
*Natural fruits
*Industrial fruits
*Civil fruits
Article 1169
Kinds of delay
1.Mora Selvendi
2. Mora Accipiendi
3. Compensatio Morse
Article 1170
4 Ground of Liability
Fraud
Negligence
Delay
Contravention of the terms of Obligation.
Article 1172
3 kinds of negligence
1.Contractual negligence
2.Civil neglience
3.Criminal negligence
Thanks po😊
Jean C. Manalastas
BSBA HRM-3B
Baal, Ericka Jane G.
1BSA-A
Pamantasan ng Cabuyao
Thank you Atty. for doing this video that helps me to understand more the topic about the General Provision of Law on Obligation and Contracts. And here are the summary and takeaways of my learnings after watching your video:
° If there is one thing that I need to take in my mind and understand well, it is the Article 1156 which gives the definition of an obligation. It is said that "An obligation is a juridical necessity to give, to do, or not to do." This means that you are bound to render something to another which is needed to fulfilled or performed.
° Requisites of Obligation
*Passive Subject- Debtor or Obligor
*Active Subject- Creditor or Obligee
*Juridical Tie- Binds or Connect Parties
*Object- Subject matter in an obligation
°Obligation arises from(1157):
*Law- is a rule of conduct, just and obligatory, promulgated by the competent authority for the observance of common good.
* Contract
* Quasi-contract
*Quasi Delicts
*Crimes or Acts or Omission by law
(1158) Obligations derived from law are not presumed which means that if a particular act has not been ordered by law then such an obligation is not presumed to exist but ifi the obligation is express by the law then it's demandable. (1159) Obligations arising from contracts have the force of law between the contracting parties and should be compiles with good faith. And the performance according to terms of contracts between parties are called"Compliance in Good Faith". (1160) Obligations derived from quasi-contract shall be subject to the provision of Chapter 1. There are two types of Quasi-contract: Negotiorum Gestio and Solutio Indebiti. And always remember the word LUV(Lawful, Unilateral, and Voluntary act). (1161) Civil obligations arising from criminal offenses shall be governed by the penal laws. Civil Liabilities arise from the following: Restitution, Reparation, and Indemnification. (1162) Obligations derived from Quasi Delicts shall be governed by the provisions of Chapter 2.
For Chapter 2: Nature and Effects of Obligations( From Article 1163 to Article 1178)
(1163)If an obligation is about to give something or to deliver something then law imposes the "Diligence of a Good Father of a Family". That phrase is known as the standard care or default care while Extraordinary Care is the higher standard care .(1164) it discuss that the creditor has a right to the fruits of the things from the time the Obligation to deliver it arises. There are three types of Fruits: Natural, Industrial, and Civil Fruits.(1165) it talks about the responsibility and remedies of both creditor and debtor. If the delivery is generic, the creditor has the right to ask that the Obligation be complied with at the expense of the debtor. But if the debtor delays the fulfilment of obligation, he is responsible for the damage it cause. (1166) The obligation to give a determinate things includes that of delivering all it's accession and accessories, even though they may not have been mentioned. (1167) It talks about the Obligation to do. If the obliged person fails to do it then same shall be executed at his cost. (1168) It is about the Obligation not to do.(1169) Three Kinds of Delay: 1.Mora Solvendi 2. Mora Accipiendi 3. Compensation Morae (1170) 4 Grounds of Liability: Fraud( deceit or dolo), Negligence (fault or culpa), Delay(Mora), and Contravention of the terms of the Obligation covers all forms of violation. (1171) it is said that the responsibility arising from fraud are demandable.(1172) 3 Kinds of Negligence: 1. Contractual Negligence(Culpa Contractual) 2. Civil Negligence ( Culpa Aquilana)3. Criminal Negligence ( Culpa Criminal). (1173) It stated there that if law or Contracts are silent,then we should follow the standard care.(1174) it is stated there that if there is a fortuitous event, the debtor is not liable to any damages. (1175) Usurious transaction shall be governed by special laws. It also includes the requisite to cover the interest. (1176) It talks about presumption. And there are two kinds of presumption: Conclusive presumption and Disputable presumption.(1178) Subject to the laws, all rights acquired in virtue not an obligation are transmissible, if there has been no stipulation to the contrary.
Again, thank you Atty. for doing this video lecture.
De Jesus, Wendy Kris M.
BSA -2A
I have learned a lot about the new civil code on the law on obligation and contracts. The following are some of the things I've learned through this video.
Article 1156
An obligation is a juridical necessity to give, to do or not to do.
Obligation is the responsibility of an individual to render something to another person. This responsibility or duty must be performed and if not there is an equivalent sanction for non-compliance to obligation.
The requisites of obligation are the passive subject or debtor, active subject or creditor, juridical tie and object or the subject matter.
There are two kinds of obligation. The real obligation which obligue someone to give something and personal obligation which tells you to do or not to do.
Article 1157
Obligation arises from the law, an act or omission punished by law, contracts, quasi contract and quasi-delicts.
Article 1158
Obligation must be assumed or expressed by the law to become demandable.
Article 1159
Contract is said to have a force of law. All essential element must be present and breach of contract/violation. We must have compliance in good faith which means performing the promised terms and conditions written in the contract.
Article 1160
Quasi-contract is lawful, unilateral and a voluntary act
A. Negotiorum Gestio - Doing an obligation voluntarily without concent.
B. Solutio Indebiti - receiving something by mistake.
Article 1161
Criminal offenses
>Article 100
Civil liabilities
Restitution- restoration or returning of value
Reparation- paying for damaged cause
Indemnification- paying for other damages
Article 1162
Requisites of Quasi-delicts
Fault or negligence
Act or omission
Damaged caused
Article 1163
A duty to preserve a thing with ordinary care like a diligence of a good father to ensure the delivery of obligation to prevent negligence of the debtor.
Extraordinary care is the highest standard of care done by the common carrier and banks for the benefit and protection of general public.
Property:
Specific / determinate- particular & cannot be substituted.
Generic / indeterminate- Class or genus, general. Can be substituted
Debtor is not liable for negligence if it us cause by unforeseeable or unexpected event that makes him impossible to do the obligation.
EXCEPT Genus nunquam perit meaning generic things does not perish because it is always can be substituted.
Article 1164
Civil Law Principle: Accessory follows the principal
Meaning, Real Right is acquired upon delivery while Ownership is acquired upon the completion of the contract.
"When the obligation has been perfected the ownership was transferred from the seller (obligor) to the buyer (obligee)"
Natural Fruits- natural products without human intervention
Industrial Fruits- natural product with human labor
Civil Fruits- by virtue of juridical relation
Personal Right- Right of creditor to his passive subject
Real Right- right or interest if creditor to a specific thing.
3 essential requisites on the perfection of contract: Consent, Object, & Payment of consideration
Article 1165
Remedies of creditor in real obligation (obligation to deliver a thing)
Specific Real Obligation can demand:
A specific performance of obligation plus indemnity
B Rescission + recovery of damage
C Payment of damage
"General Rule"
If the thing is lost or destroyed due ti fortuitous event the obligation is extinguished.
"EXCEPT:"
A Delay
B promise to deliver the same thing to 2 or more person of different interest.
C Generic thing
Article 1166
ACCESSIONS fruits or additions or improvement.
ACCESSORIES things included to the principal for better use or completion.
Article 1167
Breach of a Personal Obligation
-specific performance is not applicable because this would be violative of the debtor's constitutional right against involuntary servitude.
-Obligation not to do: and the obligor does it, the creditor may have it undone at the expense of the debtor.
Article 1168
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Article 1169
Until there is no demmand, there is no delay
"ECXEPT"
1 When obligation or law so provides.
2 essential TIME is controlling motive
3 When demmand would be USELESS because the object of obligation is lost or destroyed by debtor.
Ordinary Delay- failure to perform obligation on time --No punishment
Legal Delay- Delay that result in breach of contract.
Kinds of Delay/Default
1 Mora solvendi- fault of debtor
2 Mora accipiendi- fault of creditor
3 Compensatio morae- both delay, therefore there's no delay.
no delay in negative personal Obligation (not to do)
Requisites of delay by the debtor
1 failure to perform on the agreed date
2 demand may be juridical or extrajudicial
3 failure to comply with such demand
"Article 1170"
4 Grounds for liability
1 Fraud (deceit or dolo)- intentional evasion of obligation fulfillment
A Dolo Causante (Causal Fraud)- Frsud upon perfection or commencement of contract. liable to pay damages
B Dolo Incidente (Incidental Fraud)- Fraud in performance of obligation. Ground to void obligation.
2 Negligence (fault or Culpa)- Voluntary act or omission
3. Delay (mora)
4 Contravention of the terms of the obligation covers all form of violation
Article 1171
Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void (1102a)
Waiver for future fraud is is void
-allows performance of fraud in sede of debtor
Waiver for past fraud is is valid
-generosity & magnanimity from part of creditor
Waiver arising from negligence is valid when:
standard of care is ordinary care.
EXCEPT:
If the stipulation requires another standard of care or extraordinary care.
Article 1172
Kinds of negligence according to obligation: "lt word"
1 Contractual Negligence (Culpa contractual)- results in breach of contract
Creditor Remedy- seek payment for damages.
2 Civil N. (culpa criminal)- crime committed
(Art. 365 law punishes culpa criminal)
Penalty: imprisonment & payment of damages
Article "1173"
Requisites of fortuitous event
1 independent of a human will
2 Event is inevitable
Article "1174"
3 impossible for debtor to comply in a normal manner
4 no concurrent negligence on part of debtor
Article 1175
"Requisites of recovery of interest"
1 payment of interest is expressly stipulated
2 written agreement
3 interest must lawful
Central Bank Circular No.799
6% interest
No.905
any amount of interest as long as it is not considered "iniquitous or unconscionable"-Article 1229
Article 1176
Presumption will only be:
1 prior installment have been paid
2 only if the receipt indicates which month the payment is being made for
It is presumed that the prior installments are already paid even without its receipts even there are later installments.
Article 1177
Remedies:
1 Exact fulfillment with right to damage
2 pursue debtor's leviable property
Article 1178
General rule:
-All rights may be transferred
EXCEPT:
1 Prohibited by law
2 prohibited by parties' stipulation
Thank you Atty.!
Mayflor C. Sumande bsa 2bThank you sir. This video i learned that obligation is bound to render something to another. Obligation not to give is included in not to do. In the Requisites of obligation these are;
1. Passive subject/debtor- bound to perform obligation.
2. Active subject/creditor- Interested the perfoy of obligation
3.Juridical tie/ Binds or connect parties.
4.Object/Subject matter
Kinds of obligation
REAL- To give
Delivery of something to another person.
Personal- to do or not go do(positive or negative)
Involves rendering some service
Obligation arises from:
1.Law-imposed by law,pomulgate by authority, rule of conduct.
2.Acts or omission punished by law-refuse to perform
3.Contracts-Based on agreement
4. Quasi-Contract-a juridical relation resulting from lawful,unilateral law, and voluntary act
5.Quasi-delicts-arises from damages
Compliance-in good faith means performing according to terms of contracy between parties
Every crime there is civil liabilities
Restitution, reparation, and indemnification (RRI)
Fortuitous event- certain moments that cannot prevent.
Lutchavez, Sarah C.
BSA-2A
I learned a lot from this video presentation including about the law on obligation where;
Article 1156 this is a common explanation of obligation express the juridical necessity to give, to do or not to do.
- If you rendering something so you have a responsibility if the obligation was violated they come to remedy to court to order a party in obligation.
Requisites of Obligation
- Obligation arises from source:
Law - imposed by law or related to the law if you are committed a crime you are responsible to punish by law.
Quasi-contract - resulting from lawful, unilateral and voluntary act.
Article 1158 : if there's nothing in the law therefore such obligation has not perceived.
The contract- it has a forced of law which is agreement of the obligor and obligee
Quasi-contract
• negotiorum gestio- itbis a act of voluntary, without consent
• solutio indebiti- it is a received by mistake, and need to return the particular things to the owner.
Article 100 of the revised penal code every crime has a corresponding civil liabilities.
Criminal liabilities it is pertaining to imprisonment also pertaining to a payment of obligation (multa)
Quasi-delicts - damage to others without contract.
Nature and effect of obligation
Article 1163- an incidental duty preserve a thing with ordinary care example is Good father where the roman empire only man can have a great impact to the society.
- It is only apply in specific/determinate and generics/indeterminate obligation.
Extra ordinary care- highest standard of deligence example: common carrier's and also a bank where set to a highest standard in all businesses.
• Personal Right- right or power of creditor enforceable against a particular person.
•Real Right- right or interest of creditor over specific thing without definite passive subject. It binds the property.
Accessories follows the principal- if what is the principal all the accessories are included.
Article 1164: two contract of sale executed remedy is the recovery of ownership.
Delay (moral) - failure to discharge of duty on due date and time.
>Fraud (decit or dolo) deliberate or intentional evasion of the normal fulfillment of an obligation.
*Dolo causanto (causal fraud) - fraud upon perfection or commencement of the contract.
*Dolo incidente (incidental fraud) fraud in the performance of the obligation.
Additional for essential requisities
-passive subject- (obligor) person whi is bound to the fulfillment of obligation. (Sya ang gagawa ng obligation)
- active subject- ( obligee) person who is entitled to demand the fulfillment of the obligation. (Pinagkakautangan)
-presentation/ object/subject matter- conduct required to be observe by the debtor.
- juridical tie/ vinculum / vinculum juris - bind or connect the parties to the obligation.
Thank you so much Attorney.
In this video, I learned that Obligations or Civil Obligation is a juridical neccesity to give, to do or not to do. There is also different sources. Obligations must be fullfil because if not there is corresponding penalty for not compliance of it. My favorite part is about the one source of obligation, the Quasi Contracts where there is lawful,unilateral and voluntary act. The two kinds of it is Negotiorum gestio and Solutio Indebiti.
Camposano, KC Abegail
BSA-2A
Here are some key points I've learned from this episode.
• Article 1156. An obligation is a juridical necessity to give, to do or not to do.
With this article, it states that an obligation is something that you are committed to do or you are bound to do something, some acts. Then, I have learned that not to give is not written there because it is also included on the 'not to do' part. Requisites of Obligation are the Passive Subject, Active Subject, Judirical Tie and Object. Passive subject, it is the obligor or the obliged one while Active Subject is the obligee, the person whom the passive subject is obliged to do something. Kinds of Obligation are Real and Personal.
• Article 1157. Obligations arises from;
Law, Contracts, Quasi-contracts, Acts or omissions punished by law and Quasi-delicts.
Quasi-contracts has it's two kinds. The Solutio Indebiti and Negotiorum Gestio. Solutio Indebiti is paying by mistake while Negotiorum Gestio is doing something in favor to other person who is not actually there or doing him/her favor even in his/her absence, there's no a certain contract. This pertains to LUV which means Lawful, Unilateral and Voluntary Act.
• Article 1163.
In here, there is a duty for you to take care of the things that you are to be delivered. You are responsible to take care of those things or on your doings. It will only take effect if the object of obligation or the object to be delivered is an specific or determinate one while it is not applied when the Obligation is degeneric or indeterminate.
Campos, Kaye V.
1BSA-A
Pamantasan Ng Cabuyao
Good evening Atty. here are the things that I have learned upon watching this video.
Article 1156- In here obligation is define as a juridical necessity to give, to do, or not to do. Obligation means rendering something to another and Juridical necessity means that obligation must be performed otherwise there will be a corresponding punishment. Here we were also introduced to the different requisites of Obligation which are the passive subject (debtor), active subject (creditor), Juridical tie (what binds the two parties), and Object (subject matter).
Article 1157- In this part we were then introduced to the sources of obligation. The first one is the Law which are said to be a set of standard action imposed to another people. Second is the Acts or omissions punished by Law in short this are the criminal offenses or the commitment of crime. Third one is the Contracts which is the private agreement between two individuals. Next one is the Quasi-Contracts, it is a juridical relation resulting from lawful, unilateral, and voluntary act. It has two kinds which is the Negotiorum-Gesrtio, a voluntary act and Solutio Indebiti which means received by mistake. And the last source of Obligation is the Quasi-Delicts which is a damages arising from civil act which does not ammount to a crime.
Article 1158- It is explained in this part that only those obligation which are expressly provided by the law are demandable.
Article 1159- Here Contracts are explained, it is said that Contracts has its force of law as long as all the requisites are present. It is also said that Compliance in good Faith- means performing according to the terms of contracts.
ARTICLE 1160- In this part attorney further explained the two kinds of Quasi-Contracts, and that Criminal liability is different from Civil liabilities wherein Criminal liability means imprisonement while civil liabilities is returning of the property stolen.
Article 1161-Criminal Offense was highlighted here which is said that shall be governed by penal laws, the civil liabilities was also further explained here which includes. Reparation or the paying of damages, Imdemnification or the payng other damages and the Restitution or the returning the value.
Article 1162- explained quasi-delicts and its requisites which are first an act or omission by the defendant second one is the fault or negligence, next is the damage caused to the complainant and lastly the direct relation of cause and effect between the act or ommission.
Article 1163 - Explaination of diligence of a good father of a family which is to ensure the delivery of an obligation and prevent negligence of the debtor, Futhermore stipulation of the party requires another standard of care. Extra-ordinary care is the highest standard of care observed by the common carriers and bank.
Article 1164 - In this part different types of fruits were introduced which is the natural fruit, it is a spontaneous product of soil and young of animals without the intervention of human labor, Industrial fruit are what produced bt land thru human cultavation, labor and farming while civil fruits are deruved by virtue of juridical relation..
Thank you
San Luis, Michelaine D. (BSA - 2B)
These are the key points that I've learned from the video:
• Under the Philippine civil code Article 1156, an obligation is a juridical neccessity to give, to do or not to do.
- Obligation means binding or tying one person to render something to another
- Juridical neccessity means obligation that must fulfilled because if not there is corresponding penalty for non-compliance.
• Requisites of Obligation
Passive subject - also known as debtor, the party bound to perform.
Active subject - also known as creditor, the one who is interested of the performance of obligation.
Juridical tie - also known as efficient cause, binds or connect the parties to the obligation.
Object - the subject matter of the obligation.
• Kinds of Obligation
Real Obligation - to give
Personal Obligation - consist of:
positive personal - to do
negative personal - no to do
In Article 1157, explain where obligation or the sources of obligation which are Law, Acts or ommissions punished by law, Contracts, Quasi-contracts and Quasi-delicts.
Quasi-contracts is not a contract but exist a juridical relation.
The 2 types of quasi-contracts are:
Negotiorum Gestio - there is no prior agreement, It is also voluntary, without consent.
Solutio Indebiti - the payment by mistake or received by mistake
In Article 1161, explain the criminal offenses. All criminal violation has a corresponding penalties or civil liabilities.
Civil Liabilities includes:
Restitution - you have to repay or returning the values that been stolen or loss.
Reparation - paying the damages caused by the other party.
Indemnification - consiquential damage
In Article 1162, explain the quasi-delicts. It is cause damages to other without contract. The requisites of quasi-delicts are negligence or fault, act or ommission and damaged caused.
Under Article 1165 explain the remedies of creditor in real obligation. The two types of real obligation are specific and generic.
• Kinds of Delay or Default
1. Mora Selvendi - the delay or fault of debtor
2. Mora Accipiendi - delay in accepting obligation, fault of he creditor
3. Compensatio Morae - both parties incurred delay
• 4 Ground of Liability
1. Fraud (deceit or dolo) - there are two types of fraud known as casual fraud (dolo causante) and incidental fraud (dolo incidente).
2. Negligence (fault or culpa)
3. Delay (mora)
4. Contravention of the terms of the obligation
That's all what I've learned in General Provisions. Thank you po sir! God bless.
these are the key points that I have learned in this video:
Art 1156. An obligation is a juridical necessity to give, to do, or not to do.
Obligation- it is a condition wherein a person is morally or legally obliged or bound to do something. There is a particular act that must be performed.
Juridical necessity- it means that in case of non-compliance, the court may be called upon to enforce its fulfillment.
To give- means to deliver something
to do- it is the performance of an act
not to do- these are acts that are prohibited; something that should not be performed
There are 4 requisites of an obligation; the passive subject, active subject, juridical tie, and the object. There are 2 kinds of an obligation which are the real and personal obligation.
Article 1157. Obligations arises from law, contracts, quasi-contracts, act or omissions punished by law, and quasi-delicts.
Article 1158.
Only those obligations provided by law are demandable.
Compliance in good faith- you have to perform the obligation following the terms and conditions of the contact.
There are 2 kinds of quasi-contracts- the negotiorum gestio (a voluntary act without the consent of the person who has the obligation) and solutio indebiti ( if something is received by mistake a person must be returned to the owner, the obligation to return it arises.)
-Under Article 100 of the revised penal code, all criminal violations have corresponding civil liabilities.
Article 1163. It is an incidental duty to preserve a thing with ordinary care to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care.
It will only apply in case the object to be delivered is a specific object/obligation. It will not apply in case the object is generic or indeterminate.
General Rule: All rights are transmissible except when it is prohibited by law and by parties' stipulation.
Thank you, sir.
Padayao, Louisa Marie O.
1BSA-B
At the first part of this video lecture, which talks about the General Provisions, it had taught me the definition of the term obligation. The discussion had emphasized and made it clear that an obligation is a juridical necessity which means that in case of non-compliance or violation of one's rights, the court may be called upon to ask to enforce for fulfillment. Through this video lecture, I also learned about the sources on which obligations may arise. Also on each sources' definitions and requisites on how to distinguish these obligations from one another. By providing some examples, it had mostly helped me to better understand the topics being discussed.
The second part of the video lecture, then, discussed about the Nature and Effects of Obligations. One of the most important thing that I've learned from here, which is something I haven't heard from other people's video lectures, is the information about why the words diligence of a "good father" of a family was used in the Article 1163 instead of the terms "good mother." It was so interesting to know that the principle was borrowed from the Roman Law Concept wherein at that time, at the Roman Empire, only men have the right to enter into a contract. There are lots of more learnings that I've got from this part of the lecture. However, it generally taught me about the different rights that the creditor has in which he can exercise those rights either over a specific passive subject or against the whole world, and also on how one could be granted by such rights. The lecture had also made clear to me about the different obligations the debtor has, that if he fails to comply to, either with obligations to give, or with obligations to do or not to do, would lead him to be liable on damages. In relation to this, the video lecture had also made clear that the debtor would be liable in case he commits fraud, negligence, delay, or contravention of the terms of the obligation. Contrary to this is when the debtor's reason of breach of the obligation was due to a fortuitous event. In this case, he would not be liable for damages. This video lecture also taught me that there are still presumptions done. It was also said that there is a general rule that all rights are transmissible. However, there are still exceptions under this rule.
Watching this video lecture helped me a lot to understand the topics under this subject more, especially at those parts that I'm confused at. Having another source of learning is indeed necessary, and so I am grateful for this.
Thank you very much, sir for providing this video lecture.
Daguil, Quennie Babe
BSA - 2A
I learned a lot about the different civil code articles. For example the Article 1156 states that an obligation is juridical necessity to give, to do, or not to do I learned here that an obligation is juridical necessity because in case of non-compliance the court can be asked to order the obligor to perform the obligation. Article 1157 I learned how obligation arises from law, acts or omissions punished by the law, contract, and quasi-contracts. Another is Article 1163 where I learned that it is an incidental duty to preserve a thing with ordinary care, means when a person owes a specific thing to another person he or she should not just give it but also take care of it with ordinary care/diligence of a good father of a family. Article 1166 the obligation to give a determinate thing includes delivering all its accessions and accessories even though they may not have been mentioned where the accessions are the fruits of a thing or improvement upon a thing while accessories are included with the principal for better use.
Also after watching this video I learned a lot of technical terms and their definitions such as active and passive subject, negotiorum gestio, solutio indebiti, personal and real rights, specific, generic, dolo causante, dolo incidente and many more. I also learned about the comparison between each terms, sources of respective terms, and exceptions to general rules, now I have more knowledge about the general provisions on obligations.
PAMPLONA, MARY ANTOINETTE V.
1BSA-A
Good day, Atty. Reyes! Thank you for this very informative video. Here are my takeaways from this episode:
Article 1156 states that "An obligation is a juridical necessity to give, to do or not to do." The definition of obligation is that one is bound to render something to another. It is a juridical necessity because that obligation must be fulfilled; otherwise, there would be a corresponding penalty for non-compliance. The 3 prestations are to give (the delivery of something), to do (the performance of an act), or not to do (the prohibition not to perform a certain act). Not to give is also included in not to do. The requisites of obligation are passive subject (debtor), active subject (creditor), juridical tie (connect parties), and object (subject matter). The 2 kinds of obligation are real obligation (to give) and personal obligation (to do or not to do).
Article 1157 states that "Obligations arise from: law, contracts, quasi-contracts, acts or omission punished by law, and quasi-delicts." Law is a rule of conduct, just an obligatory, promulgated by the competent authority for the observance of the common good and benefit. A contract refers to the private agreement of 2 individuals wherein they bind themselves based on the terms of conditions of the agreement. In quasi-contract, there exists a juridical relation resulting from lawful, unilateral, and voluntary acts. Solutio indebiti is the payment by mistake while negotiorum gestio is voluntary and without consent. Quasi-delict refers to damages arising from tort which is not amounting to a crime.
In Article 1158, it says that only those obligations which are expressly provided by law are demandable. It means that if a particular act has not been ordered by law, then it is not presumed to exist.
Article 1159 states that a contract has the force of law as long as all the essential requisites of a contract are present for its validity. In case a contract is violated, then the aggrieved party can go to court and seek redress of his grievances. Compliance in good faith means that the obligation shall be performed according to the terms and conditions of the contract between parties.
In Article 1160, quasi-contracts had been discussed, just like in Article 1157, that there exists a juridical relation resulting from LUV or lawful, unilateral, and voluntary acts.
Article 1161 says that a crime (delict) as a source of obligation, is governed by criminal laws or penal laws. According to Article 100 of the Revised Penal Code, all criminal violations have corresponding civil liabilities which include: restitution (returning the value), reparation (paying damages cause), and indemnification (paying other damages or consequential damages).
In Article 1162, quasi-delicts were tackled just like in Article 1157. The requisites of quasi-delict are: there must be an act or omission, fault or negligence, damage caused, direct relation of cause and effect between the act or omission and the damage, and there is no pre-existing contract between parties. In this article, crime was also distinguished from quasi-delict.
In Article 1163, the diligence of a good father of a family has been discussed. It is the standard care or default care. While extraordinary diligence is the highest standard of care observed by the common carriers and banks. I've also learned that in the roman empire, only man can enter into a contract in society that's why it was called diligence of a good father. The 2 kinds of objects are: determinate (particular and cannot be substituted) and indeterminate (generic and can be substituted). This article will apply only in case the object to be delivered is a determinate thing. It is not applicable in delivering an indeterminate thing because genus never perishes.
In Article 1164, kinds of fruits were discussed and they are natural fruits (spontaneous products of the soil and the young of animals; without human intervention), industrial fruits (produced by land through human cultivation), and civil fruits (derived by virtue of juridical relation like payment of rent). Personal right is the power of creditor enforceable against a debtor while the real right is the interest of creditor over a specific thing without a definite obligor. A real right is what is acquired upon delivery, while ownership is transferred from the perfection of the contract. The 3 essential requisites for the perfection of the contract are consent, object, and payment of consideration.
Article 1165 states that the remedy of the creditor in case of real obligation is to recover ownership or recover possession of the property. Specific real obligation can demand specific performance of obligation + indemnity, rescission + recovery of damage, and payment of damage. While generic real obligation: can be performed by a third person, creditor cannot compel the debtor but can ask for performance of the obligation, and can recover damage in case of a breach.
In Article 1166, accessions (fruits or improvements) were distinguished from accessories (included to the principal for better use). General rule: Accessory follows the principal.
Article 1167 is about the breach of a personal obligation. Specific performance is not applicable since this would be violative of the debtor's constitutional right against involuntary servitude.
In Article 1168, when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Article 1169 states that in reciprocal obligations neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other party begins. General rule: NO DEMAND, NO DELAY. Except: when the obligation and law so provides, time is a controlling motive, and when the demand would be useless because it is lost or destroyed. Two distinctions of delay (mora): ordinary delay (failure to perform an obligation on time) and legal delay (results in a breach of contract). Kinds of delay: mora solvendi (debtor's fault), mora accipiendi (creditor's fault), and compensatio morae. There is no delay in negative personal obligation (not to do). When both parties are already in delay, there is no delay (rule of equity).
Article 1170 states the 4 grounds of liability. Fraud (dolo) - deliberate or intentional non-fulfillment of an obligation.
a) Causal fraud (dolo causante) - fraud upon the perfection of the contract
b) Incidental fraud (dolo incidente) - fraud upon the performance of the obligation
Negligence (culpa) - voluntary act or omission without malice or intention. Delay and Contravention of the terms of the obligation.
In Article 1171, a waiver for future fraud is void because it allows the performance of fraud on the side of the debtor. Waiver for past fraud is valid because it is an act of generosity and magnanimity from the creditor. Waiver arising from negligence is valid when the standard care is the ordinary care.
Article 1172 says that an act, no matter how wrongful, would not amount to a crime in absence of a law defining such act as a crime. Kinds of negligence according to source of obligation: contractual negligence (culpa contractual) - negligence in contracts resulting breach, civil negligence (culpa aquiliana) - negligence by itself between parties not so related before by any pre-existing contract, and criminal negligence (culpa criminal) - a crime committed by negligence.
In Article 1173, if the contract is silent, the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. Except: the thing is genus and the thing needs extraordinary care.
In Article 1174, the general rule is that: Obligation is extinguished if the loss of the thing is due to a fortuitous event. Exceptions: when expressly specified by law, declared by the stipulation of the contractual parties, and when the nature of the obligation requires the assumption of risk.
Article 1175 states that "Usurious transactions shall be governed by special laws." Requisites of recovery of interest: payment of interest is expressly stipulated, written agreement, and the interest must be lawful.
In Article 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments.
Article 1177 consists what are the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims.
And lastly, in Article 1178, the general rule is that: All rights are transmissible. Except: prohibited by law and prohibited by the parties' stipulation.
Evangelista, Shane G.
1BSA-B
Pamantasan ng Cabuyao
Good day atty!
After watching your video lecture, I was able to understand more about the general provisions and the nature and effect of obligations.
An obligation is a juridical necessity to give, to do or not to do. It is a juridical necessity because it must be fulfilled or performed otherwise there will be corresponding penalty for non-compliance. I was able to know and understand its requisites and sources. And that the delivery of a certain thing requires the diligence of a good father of a family, and the party can only stipulate for a higher standard of care because if can ask for a lower standard the obligation will be rendered nugatory and also the debtor has an obligation to deliver the fruits arises from the time that the contract is perfected "Accessory follows the principal." I was also able to learn more about delays and its requisites as well as the kinds of negligence according to sources of obligation.
Thank you!
Feliciano, Angelica A. BSA 2-B
Upon watching the Part 1 of the General Provisions, I learned a lot of important lessons such as;
-Juridical means that it is needed to be performed or fulfilled otherwise there will be a corresponding penalty for non-compliance
-If it is not stated in the law, therefore there is no obligation.
-Article 1163 will only apply if the object is specific or determinate thing and can never be applied if the thing is indeterminate or generic.
-Article 1156 states that an obligation is a juridical necessity to give, to do or not to do.
-Not to give is already part of Not to do.
-Obligation means that one is bound to render something to another.
-Obligation arises from Law, Acts or Omissions punished by law, Contracts, Quasi-Contracts, and Quasi-Delicts.
-Quasi-Contracts are not contract but an agreement.
-There are 3 kinds of Fruits namely Civil, Industrial and Natural Fruits.
-General Rule: If the thing is lost or destroyed due to fortuitous event, the obligation is extinguished.
-Delay (mora) is the failure discharge of duty on due date and time.
Thank you so much, Atty. Reyes.
Postrado, Christine Anne, C (BSA-2B)
One of the things that I learned is that According to Article 1156, Obligations is a juridical necessity to give, to do or not do. It means that if both parties has an agreement and the passive subject can’t comply on his/her obligations, the court of justice may be call upon to enforce it’s fulfillment and his failure will have a corresponding consequences or can be punished by law. Also, According to Article 1158 if the act is not provided by law then such obligations is not presume to exist.
I also learned that a quasi contract is the juridical relation resulting from LUV which is lawful, voluntary and unilateral acts. I learned that if someone voluntary and spent necessary expenses when you’re not around for your benefit then it is called Negotiorum Gestio. It is said that the law will imposed obligations to the owner to reimburse the expenses.
Pacheco, Lianne Camille A.
1BSA-A
Pamantasan ng Cabuyao
Good Day Atty. Reyes!
What I’ve learned in the first chapter under Article 1156 of the civil code of the Philippines is that an obligation is a juridical necessity to give, to do, or not to do. An obligation means you are bound to render something to another person. Juridical necessity means that the obligation must be fulfilled or performed otherwise there’s a corresponding penalty for non-compliance. If the obligation is violated, the aggrieved party may have the power to ask for particular relief. To give means to deliver something; to do mean the performance of an act; and not to do mean prohibition not to perform a certain act, it also includes here the obligation not to give.
A passive subject is the one who is bound to perform any obligation (the debtor); an active subject is the one who is interested in the performance of the obligation (the creditor); a juridical tie is what bind or connects the parties, it is also a legal relationship between parties; and object which is a subject matter in an obligation. The first kind of obligation is a Real obligation - the obligation to give which involves the delivery of something to another person or party. Second is the Personal obligation - the obligation not to do which involves rendering services.
According to Article 1158, only those which are expressly provided by law are demandable. (Article 1159) A contract has the force of law as long as all the essential requisites are present. (Article 1160) Compliance in Good Faith means that you have to perform obligations according to the terms and conditions of contracts. (Article 1161) Criminal Offenses shall be governed by penal laws. Criminal liability involves imprisonment and payment of fine while civil liability only involves restitution, reparation, and indemnification. Article 1162 is all about the requisites of Quasi-Delicts.
Chapter 2, Article 1163 is all about the nature and effects of obligation. (Article 1164) A real right is what is acquired upon delivery, while ownership is transferred from the perfection of the contract. A personal right is the right or power of a creditor enforceable against a particular person o passive subject. In Article 1166, I learned the difference between accessions and accessories. Under Article 1171, responsibility arising from fraud is demandable in all obligations. Any waiver of action for future fraud is void. I also learned about the kinds of negligence according to the source of obligations in Article 1172.
Thank you for your effort in discussing all the necessary information in Chapters 1 and 2. I hope you have a great day! God bless you and stay safe!
Domingo, Vince Dominick M.
BSMA-2A
These are the key points I have understand and learned.
*Art. 1156- An obligation is a juridical necessity to give to do or not to do.
*passive/debtor- party which is bound to perform the obligation
*active/creditor-interested in performance of obligation
*juridical tie-binding that connect parties
*object-eubject matter
*real obligation- involves delivery of something to another person
*personal obligation-rendering of service
*I have learned that source of obligation arise from Law, Acts or omission punished by the law, contracts, quasi-contracts( unwritten, solutio indebity- by accident, negotiorum gestio- lawful unilateral and voluntary act), quasi-delicts (damage that is not equal to crime, or neglegence)
*Art. 1158 only those obligation expressed by the law are demandable.
*compliance in good faith- performance according to the term of contract between two parties.
*Art. 100 on revise penal code- every crime has a corresponding civil laibilities. It includes Restitution, Reparation, Indemnification.
*Art. 1163" deligence of a good father" and will inly apply if the object is determinatr or specific.
*ordinary care- standard / default care
*extraordinary care- highest standart of care observed by common carries and banks.
* there is exception in the debtor if the obligation is not fulfilled because of "fortuitous events" making him not liable.
* Art. 1164 the obligation to deliver fruits( natural, industrial, civil)
*Art. 1165 General rule: if the thing is lost because of fortuitous events, obligation is extinguished.
*Exception to the rule when there is a delay, generic thing, promise to deliver is more persons with different interest.
*Art. 1169 "No demand, No delay"
*Exception to the rule, when obligation or law so provide, time, when demand would be useless.
*ordinary delay- failure to perform obligation on time
*legal delay- result in brech of contract
*fraud- intentional evasion of obligation
*Art 1175- interest must be due only if stipulated, written agreement, the interest must be lawful.
*Central Bank Circular no. 799- when the is no stipulated interest the legal interest shall be 6%
*Central Bank Circular no. 905- free to stipulate any amount as long as it is not considered "iniquitous or unconsionable" - Art. 1229
*Art. 1174 General rule: all rights can be transfered, except when prohibited by law or the parties stipulation.
Berona, Kristal Mae R.
1BSA-B
Pamantasan ng Cabuyao
As what I learned here in your lecture video and also during our classes.
Law is a rule of conduct just and obligation promulgated by a competent authority for the common good and observance. Law has 4 elements and those are:
1. Rule of Conduct - the do's and dont's, what can be done and cannot be done, a prescription.
2. Just and Obligatory - the Law is fair, rightful. Just means fairness in Law, and Obligatory means a command to follow.
3. Promulgated by a competent authority - promulgated is to make widely known, publication, and in order for people to know the law expected for them to follow.
4. For the common good and observance - the result of the community in which they followed.
There are different subjects of Law and those are:
1. Divine Law - Law of God, a religious belief
2. Natural Law - Law of Nature, basic understanding about men etc.
3. Moral Law - Conduct, based on what is right and wrong.
4. Physical Law - Uniformities of physical science.
5. State Law - Human Law
These are the sources of Law:
1. Constitution - It is the Supreme Law (the Highest Law) and the Fundamental Law (Foundation of all Laws)
2. Legislation - Congress and Statues
3. Administrative Orders - Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders.
4. Judicial decision - decisions of the court where they interpret the law.
5. Customs - traditions, long standing practices of a community.
6. Other sources are publications and well recognized experts.
In Article 1156. An obligation is a juridical necessity to give, to do, or not to do.
Obligation - in Latin word "Obligatio" means "binding"
Juridical necessity - resort to court action. To file a complaint.
Prestation - to give, to do, or not to do.
There are 2 kinds of Obligations:
Civil Obligation - enforced in the court of law.
Natural Obligation - may not be enforced by the court, but upon equity (justice outside the law)
These are the Essential requisites of an Obligation
A. Passive subject - the debtor or obligor is bound to perform the prestation.
B. Active subject - the creditor or obligee is entitled to demand.
C. Object/Prestation - subject matter of the obligation.
D. Juridical/Legal Tie - the efficient cause, connects the parties to the obligation.
Different kinds of Obligation
1. Real Obligation
2. Personal Obligation
The Sources of Obligation
Law - imposed by the law itself
Contracts - is the meeting of the minds between two parties
Quasi-contracts - juridical relation resulting from certain lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other.
Acts or Omissions by the Law; and
Quasi-delicts
That's all Atty. thank you for the effort in teaching us, Good day!
Malayo, Christine B.
1BSA-A
Pamantasan ng Cabuyao
Good day Atty. After watching your video, I gain more knowledge about the general provisions and the nature and effect of obligation.
I have understood that an obligation as defined in Art.1156, is a juridical necessity to give, to do and not to do. It is a juridical necessity because in case of non-compliance the courts of justice may be called upon to enforce its fulfilment or economic value. The debtor whether he likes it or not must comply because if not, there would be a necessary punishment.
There are four essential requisites of obligation:
1) Passive subject ( debtor/obligor) - he who has the duty.
2.) Active subject ( creditor/obligee) - he who has the right to demand the fulfilment.
3.) Juridical tie - binds or connects the two parties.
4.) Object - the conduct to be observed by the debtor.
Kinds of obligation:
1.) Real obligation - to give
2.) Personal obligation - to do or not to do
Article 1157 states the sources of obligation, an obligation arises from:
1.) Law - imposed by the law itself.
2.) Acts or omissions punishable by law - civil liabilities arise from criminal offense.
3.) Contracts - Agreement of both parties.
4.) Quasi-contracts - lawful, unilateral and voluntary acts
5.) Quasi- delicts - Arises from damages to another.
Article 1158 refers to the legal obligation imposed by law. Law is not presumed to be demandable it should be expressly and provided by the law.
Article 1159 pertained to obligations arising from contracts has the force of law between two parties and must observe compliance in good faith to prevent the advantage of one's party.
Article 1160 refers to (1) Negotiorum Gestio or the voluntary management of property without the consent of another party. (2) Solutio Indebiti or the delivering of obligation by mistake.
Article 1161 states the 3 civil liabilities
1.) Restitution ( returning the monitory value)
2.) Reparation ( paying damages)
3.) Indemnification ( paying other damages)
Article 1162 define Quasi- delicts and five essential requisites
1.) Act or omissions
2.) Damaged cause
3.) Fault of Negligence
4.) The direct relation between act and damage
5.) No pre-existing contract
Also, Article 1162 differentiate crime and negligence.
Article 1163 states that the debtor must preserve the thing with the diligence of a good father ( ordinary care). Also, another party could stipulate another higher standard of care ( extraordinary care).
Article 1164 refers to the rights of the creditor to own the fruits of the thing if the obligation has been perfected. Also, there are three kinds of fruits:
1.) Natural fruits ( w/o intervention of human labor)
2.) Industrial fruits ( w/ human cultivation or labor)
3.) Civil fruits ( derived from juridical relation)
* Accessory always follow the principal *
Article 1165 states the remedies of the creditor in case the debtor failed to deliver the obligation.
Article 1166 differentiate Accessory ( needed by the principal ) from Accessions ( not necessary to the principal )
* Accessory always follow the principal and not the other way around. *
Article 1167 was about the breach of a personal obligation (to do) in three different situations.
Article 1168 was about the personal obligation ( not to do) if the debtor complies with the forbidden then it should be undone at his expense.
Article 1169 clearly stated that if there will be no demand then there would be no delay. But there are 3 exceptions (when obligation or law provides, time is a controlling motive and when demand would be useless.) Also, ordinary delay(failure to perform on time) was differentiated from legal delay (delay that breach on contract.) There are 3 kinds of Delay:
1.) Mora solvendi
2.) Mora accipiendi
3.) Compensatio morae
Article 1170 define the 4 grounds of liabilities
1.) Fraud ( deceit or dolo)
* causal fraud ( dolo causante)
* incidental fraud ( dolo incidente)
2.) Negligence
3.) Delay
4.) Contraversion of the terms of the obligation
Article 1171
Responsibility arising from fraud is demandable in all obligations. Waiver for past fraud is valid while waiver from future fraud is void.
Article 1172 refers to different kinds of negligence acc. to source of obligation
1.) Culpa contractual ( contractual negligence)
2.) Culpa Aquiliana ( civil negligence)
3.) Culpa criminal ( criminal negligence)
Article 1173, expected diligence of a good father shall be required but has two exceptions (1) thing is genus (2) needs an extraordinary care
Article 1174 stated the essential requisites of a fortuitous event for the debtor to not be liable.
Article 1175 stated the requisites in recovering the interest (1) legal interest is 6% (2) you can stipulate any amount of interest as long as its not unconscionable.
Article 1176, presumption can only be applied if (1) installments have been paid and (2) indicates the month of the payment
Article 1177 referes to the 3 remedies of creditors if the obligation has the hope to be terminated.
Article 1178 refers to the general rule that all rights were transmissible except for (1) prohibited by law and, (2) prohibited by both parties.
Thank you po Atty.
CRUZ, REYANNE CLAUDETTE
BSA-2B
Good afternoon Atty. Reyes
This is what I 've learned after watching this video.
Article 1156 under the new civil code
- an obligation is a juridical necessity to give, to do or not to do.
- Obligation- one is bound o render something to another.
- Juridical necessity- obligation must be fulfilled or performed otherwise there will be corresponding penalty for non compliance.
Essentials Requisites of an Obligation
- Passive Subject ( Debtor/Obligor)
- Active Subject ( Creditor/Obligee)
- Object/ Prestation
- Juridical or Legal tie ( efficient cause)
Kinds of Obligation
Real- to give.
- involves of delivery of something to another person.
Personal- to do or not to do.
- rendering some services.
Sources of Obligation (Article 1157)
-Law
-Contracts
-Quasi- contracts
-Delicts
-Quasi- delicts
Article 1158 refers to legal obligations or obligations arising from law. They are not presumed because because they are considered a burden upon the obligor.
Claire Adduru (BSA-2B)
I have learned the definition of Obligation which is in Article 1156, Obligation is a juridical necessity to give, to do, or not to do. The four requisites of obligation which is the passive subject or the debtor who is bound to perform the obligation, next Active subject or the creditor who is interested in performing the obligation, then Juridical tie which binds and connects both parties, lastly, the object which refers to the subject matter.
Two kinds of Obligation
Real obligation is to give then Personal obligation which is to do or not to do (positive/negative).
Article 1157
The sources of Obligation are the following: Law, Acts/Omission of punished by law, Contracts, Quasi-Contracts, and Quasi-Delicts.
Article 1160
Two kinds of quasi-contracts: Negotiorum gestio which means voluntary and without consent. Solutio indebiti refers to the payment by mistake
Article 1158
If the law is assumed and expressed the obligation is demandable. If not assumed then it's not demandable.
Contract has its force to law and all essential elements are present. The breach of contract or the violation makes the aggrieved party can go to court to seek redress of grievance.
Compliance in good faith is the performance of obligation according to terms of the contract between parties.
Article 1161
Criminal offenses shall be governed by penal laws.
Civil Liabilities include imprisonment and fine payment. There are three civil liabilities, first is the Restitution means returning the value which can be stolen or lost. Next is Reparation meaning paying damages caused then Indemnification refers to paying other damages.
Article 100 under the revised penal code: Every crime violation has a corresponding civil liabilities.
Article 1162
Requisites of Quasi-Delicts
-fault or negligence
-acts or omission
-damage caused
Article 1163
Incidental duty to preserve a thing with ordinary care which is the (diligence of a good father of a family) why father? according to the Roman Law concept, only men will enter the contract in society. So to ensure the delivery of obligation and prevent the negligence of the debtor, parties can stipulate another standard of care.
If this is not taken care of the obligation will be rendered - Nogatori
Incidental duty if the obligation is to deliver objects or property.
Default care- diligence of a good father to a family.
Article 1163
Applies only if the object or property is specific and determinate
Extraordinary care is the highest standard of care observed by carriers and banks. For example, common carriers are the public utilities that needed extraordinary care to protect the public on riding, same to the banks which is the integrity of the banking system. Private carriers are private vehicles.
Two kinds of object
-Specific or determinate which cannot be substituted.
-Generic or indeterminate means class or genus, can be substituted.
Article 1163
The debtor is not liable if failure to preserve the thing is due to fortuitous events which means an event that is not predictable if predictable then you cannot prevent it.
Gonzales, Karl Wilson M.
1 BSA - A
Pamantasan ng Cabuyao
After watching this video, I can say that I gained informations essential for my course. In the first chapter, I learned that according to Article 1156, an obligation is a juridical necessity to give, to do, or not to do. It became a juridical necessity because it is enforced by law, and non-compliance with it will result in a corresponding penalty. I also learned about the requisites of an obligation, which are the (1) passive subject, (2) active subject, (3) juridical tie, and (4) prestation/object. It was also through this video that I learned the 5 sources of obligations, which according to Article 1157 is the (1) Law, ART. 1158; (2) Contracts, ART. 1159; (3) Quasi-contracts, ART. 1160/2142; (4) Delicts, ART. 1161; and Quasi-delicts, ART. 1162/2176. I also learned about the Civil Liabilities, which includes the (1) restitution, (2) reparation, and (3) indemnification.
For the second chapter, I learned that according to Article 1163, every person obliged to give something is obliged to take care of it with the proper diligence of a good father of a family and that the standard care, which is the proper diligence of a good father of a family should come with it (incidental duty). Throughout this video, I also learned about the two kinds of object which are (1) Specific/Determinate which means that it has sufficient particularity and it cannot be substituted; (2) Generic/Indeterminate which means that it is not particular and can be replaced (genus never perish). This video also tackled that if an object is lost due to a fortuitous event, the obligation is extinguished. If you will also give a determinate thing, its accessions and accessories shall come with it. I also learned about the ordinary delay and legal delay (default/mora) and its kinds. Stated also in the video are the 4 grounds of liability which are the (1) Fraud, (2) Negligence, (3) Delay, and (4) Contravention of the terms of the obligations.
After watching this video this are some lesson that I've learned in this topic
Under Philippine civil code article 1156 obligation is a juridical necessity to give, to do or not to do"
Obligation is bound to render something to another.
Obligation not to give is also included in the obligation not to do
Passive subject it is the debtor in the obligation, the debtor is the person who is bound to perform the obligation.
Active subject this is the one who is interested in the performance of the obligation.
Juridical tie is the legal relationship between the parties and connecting the parties together.
There are 2 kinds of obligations
One is the Real it is consists of obligation to give and involves delivery of something to another person. While Personal is consists of obligations to do or not to do and involves rendening some services.
Article 1157 if you have committed to a certain acts or you refused to perform a certain acts which is required to be done by the law then the person committ criminal offenses. If you committed by crime you are under obligations in otherwise if its not stated by the law therefore there is no obligation.
Article 1158 obligation that are provided by law are demandable, if the act is not in the law then there is no obligation
Article 100 for every crime or all the violations has corresponding civil liabilities
It include the Restitution it is the returning of the value
Reparation is the paying of damages cause and last is Indemnification about paying other damages.
Article 1163 Extra ordinary care is the highest standard of care observed by the common carriers and those are the public vehicle and also bank. Bank is one of having a highest standard of care because it involves integrity for keeping the deposits of general public
Dana Charina E. Golosinda
BSBA Hrm 3b
Thankyou sir ☺️
Bariring, Jericho G.
1BSA - A
Pamantasan ng Cabuyao
This is the second time I've watched this video, the first thing I have learned in this General Provisions is the meaning of the obligation, which is one is bound to render something to another. It highlights in the Article 1157, that an Obligation is a juridical necessity to give, to do or not do. In case of non-compliance, the other party or the active subject has a power of the court to order the passive subject to comply with the obligation. Also, I learned that in Article 1157, the obligation arises from law, contracts, quasi-contracts, acts or omissions punished by law and quasi-delicts. Under contracts and quasi-contracts, he gives examples that a quasi-contracts is not a contracts but it came from lawful, unilateral and voluntary acts. It has two forms , the Solutio Indebiti and Negotiotum Gestio.
While at the second part of the lecture, it presents and discussed the Article 1163 which is the incidental duty of an obligor to take care of the thing
specific or generic with a diligence of a good father of a family unless the law or the stipulation of the parties requires another standard of care. He, then, discussed also the fruits of the thing to be delivered under Article 1164 and 1165. Also the accessory obligations and the compliance with the obligations are discussed in Articles 1166-1168. However, I also learned the obligations with regards to the delay of compliance or for the things to be delivered and the Articles 1169-1178 that summarizes the Fraud, Negligence, Fortuitous Events and the Remedies.
Thank you for the learnings, Atty. Narciso Reyes.
May God Bless you always!
Fenequito, Sofhia Jemilyn G.
1BSA - A
Thank you sir for making a well-explained video discussion, it makes it easier to understand and digest the information that is included. Here are some key points that I have learned from this recorded discussion.
• According to Arcticle 1156, an obligation is a juridical necessity to give, to do, or not to do. Obligation is bound to render something to another.
• Requisites of obligation are the following; Passive subject is the Debtor, Active subject is the Creditor, Juridical Tie is the binds or connect parties, and lastly, the Object which is the subject matter.
• There are two kinds of obligation, Real Obligation and Personal Obligation. Real Obligation is “to give” while the Personal Obligation is “to do or not to (positive or negative)”.
• Under Article 1157, obligation arises from:
- Law which is imposed by law.
- Acts or Omissions punished by law means the criminal offenses.
- Contracts which are based on agreement.
- Quasi-contracts is a juridical relation resulting from lawful, unilateral and voluntary act.
- Quasi-delicts which arises from damages.
• Sources are classified as Law and Private Acts. There two sub-category of Private Acts which are Licit-contracts or quasi-contracts and Ilicit-delicts or quasi-delicts.
• Under Article 1158, Expressed or Assumed Laws are Demandable while Not Assumed Laws are Not Demandable.
• Contract has its force of law. All essential elements are present. Breach of contract or violation.
• Compliance in good faith means performance according to terms of contract between parties.
• Quasi-Contracts are Lawful, Unilateral, and Voluntary Act.
• Under Article 1160, Negotiorum Gestio means voluntary, without consent while Solutio Indebiti means received by mistake, return to the owner.
• Criminal offenses shall be governed by penal laws.
• Under Article 1161, Civil Liabilities includes:
- Restitution means returning the value
- Reparation means paying damage cause
- Indemnification means paying other damages
• Under Article 1162, Quasi-dilects cause damages to others without contract.
• Still under Article 1162, Requisites of quasi-dilects:
- Fault or Negligence, there is direct relation.
- Act or Omission, there is no pre-existing contract.
- Damaged Caused, there is no pre-existing contract.
• According to Article 1163, it is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care.
• Extraordinary care means highest standard of care observed by the common carriers and bank.
• Law imposed the standard of care, therefore, parties cannot stipulate that there should be no standard of care because obligation will become useless since there is no obligatory forces.
• Debtor is not liable if failure to preserve the thing is due to a fortuitous event.
Aggabao, Princess Joy B.
1BSA- A
Pamantasan ng Cabuyao
Good day Atty. After watching your video lecture I was able to memorize and understand the general provisions and also the nature and effects of obligation.
Article 1156 states that an obligation is a juridical necessity to give, to do and not to do. An obligation is a juridical necessity because that obligation must be fulfilled or perform otherwise in case of noncompliance there is a corresponding punishment or consequences. And if the obligation has not been performed or violated, then it gives the other party a remedy to go to court and ask for a particular relief.
Article 1157 where the obligation arises from:
1. Law (ART 1158 states that an obligation is not presumed, therefore If a law does not require a certain thing to do, nor to provide then there is no obligation to give, to do and not to do.
2. Contracts (ART 1159 A contract is not promulgated by the state it is made between the parties, but still it is a binding force because the contract is the law between parties)
3. Quasi-contracts (ART 1160 It is almost but quite a contract because there is no meeting between parties and there is no consent. This arises because the law considered it already even though there is no prior agreement)
4. Acts/omission punishable by law (ART 1161 If you have done something like crimes/delicts there is a corresponding civil liabilities arising from what you have done even though it is not part of your intention. Still you are civilly liable for the material damage you cause.)
5. Quasi-delicts (ART 1162 Obligation arises from damage cause to another through an act or omission without contract)
The Nature and Effects of Obligations
Article 1163 talks about the incidental duties of the debtor to take care, the duty comes with it. It is to preserve a thing with ordinary care or with a diligence of a good father of the family, to ensure the delivery and prevent negligence of the debtor.
Article 1164 the rights of the creditor to the fruits. Where real right(right to use to prevent others from using it) will be acquired upon the delivery, meaning the right that he/she have when they give birth to a contract it is only personal right(a right to make someone perform some act or prevent someone from performing it) The ownership is transferred at the time when the terms and conditions of their agreement has been perfected.
Fruits: Natural, Industrial and Civil
Article 1165 talk about the remedies of the creditor in real obligation, states that the creditor has granted a right or power to compel the debtor to make delivery. But it cannot use violence and force it must bring to the court so that the court will be the one to order the delivery.
“ACCESORRIES FOLLOWS THE PRINCIPAL” art. 1166
All accessions and accessories are considered to be included in the obligation to deliver in a determinate thing although they may not have been expressly mentioned this is because of the principle that accessory follows the principal.
Accessions is not necessary to the principal thing but accessory do. But both accessions and accessory can exist only in relation to the principal thing.
Article 1167 the breach of a positive personal obligation
In this case the question that we have in mind is if that is what happened where he did not perform any obligation or he performs it but contrary to the terms and was poorly done, so what are the remedies of the creditor in this positive personal obligation which is to do:
1. To have the obligations to performed by himself (creditor), or by other, unless personal considerations are involve and of course at the expense of the debtor. - If the debtor did not comply the creditor can do the performance by himself. And if he will do it by himself all the expenses that he will incur in performing which was supposed to be done by the debtor then it should be at the debtor’s expense.
- All the expenses will be shoulder by the debtor himself.
2. To recover damages - The debtor performs an obligation to do but contrary to the terms thereof or the same is poorly done then it can be ordered by the court that it be undone if it is still possible to undo what has done.
- What has been poorly done should be undone but of course at the expense of the debtor.
• Specific performance is not applicable, it cannot be ordered in a personal obligation performance to do since this would be violative of the debtor’s constitutional right against involuntary servitude. - it is contrary to what the constitutional provides
ARTICLE 1168 - is about the breach of a negative personal obligation
“Obligations not to do: and the obligor does it, it may undone but at the expense of the debtor. Because if the obligation consists in not doing and the debtor does what forbidden him, it shall be undone at his expense.”
“NO DEMAND NO DELAY” ART 1169
There are three kinds of delay; Mora solvendi, Mora accipiende and compensation Morae
NO DELAY AT NEGATIVE PERSONAL OBLIGATION - obligation not to do, if he did it, still no delay but only violation.
ART 1170 four ground of liability
1. Fraud (waiver for future fraud is void while in past faud it is valid Art 1171)
2. Negligence (waiver on negligence is valid the standard of care is ordinary care or proper the diligence of a good father of the family, refers to culpa contractual At. 1172)
3. Delay (art 1169
4. Contravention of the tenor thereof are liable for damages
Art 1174 Requisites of a fortuitous event
If the thing is destroyed/lost due to fortuitous event the obligation is extinguished.
Article 1178 states that all rights are transmissible. All right may be transferred except prohibited by law and in stipulation of the parties.
Again thank you so much Atty. for this lesson
Fernandez, Patricia Jainah M.
1BSA-A
Good Day, Atty. I would like to thank your for uploading videos that helps us learn and get to know more the Law on Obligations and contracts that would help us for building the knowledge in the time the students you teach would face the world and become successful CPAs.
Here’s what I’ve learned from General Provisions:
-Article 1156: An obligation is a juridical necessity to give, to do or not to do. It states that obligation is a requirement to do what is imposed by law. It is to render service and deliver something. The obligation must be fulfilled or there would be a corresponding penalties for non-compliance.
-Article 1157:Obligations arise from:law, contracts, quasi-contracts, act or omission punished by law and quasi delicts: There are five sources of an obligation:law is imposed by the law itself, contracts arise from the stipulation of the parties, quasi-contracts arises from lawful,unilateral and voluntary acts, act or omission punished by law came from civil liability and lastly, quasi delicts arises from the damage caused by an act or omission.
-Article 1158:Obligations derived from law are not presumed. Only those expressly provide in the code or special laws are demandable. It is imposed by law and provides for obligation. Legal obligations are not presumed because they are considered as a burden upon the obligor.
-Article 1159: Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Contract is a meeting of minds between two persons whereby one binds himself with respect to another to give something or render service. The contract must be valid and enforceable and not contrary to law, morals, good custom, public order and public policy. It must be observed so that no one should take advantage of another.
-Article 1160: Obligations derived from quasi contacts shall be subject to the provisions of Chapter 1, Title 17 of this book. Quasi contracts results from lawful, unilateral and voluntary acts that no one will be unjustly enrich at the expense of another. It has a consent of law. It has two kinds:Solutio Indebti and Negotiorum gestio.
-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, Preliminary Title on Human Relations and of Title 18. Every person criminally liable is also civilly liable but not every person who is civilly liable is criminally liable. The scope of civil liability is restitution, reparation and indemnification.
-Article 1162: Obligations derived from quasi delicts shall be governed by the provisions of Chapter 2, Title 18 of this book and by special laws. Quasi delicts are damages caused by an act or omission, having fault or negligence and there’s no pre existing contracts between the two parties.
-Article 1163: Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or stipulation of the parties requires another standard of care. It only applies to specific or determinate things only. The debtor should preserve the thing, deliver the fruits of the thing, deliver the accessions and accessories, deliver the thing itself and answer for damages in case of non-fulfillment.
-Article 1164: The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. This only applies to specific real obligation. The creditor is entitled to the fruits of the thing to be delivered from the time the obligation to make delivery arises.
-Article 1165: When what is to be delivered is a determinate things, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for fortuitous event until he has effected the delivery. It applies only to determinate thing. A debtor is exempted from liability if his non-compliance is due to a fortuitous event.
-Article 1166: The obligation to give a determinate thing includes that of delivery of all its accessions and accessories, even though they may not have been mentioned. In specific real obligations, all accessions and accessories must be delivered as well. Exclusion of accessions is the thing and not the general rule. Accessory and principal thing must go together.
-Article 1167: If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.The debtor fails to perform an obligation to do and because of that the creditor has the right to recover damages. Or the obligation may be performed by third person at the expense of the debtor.
-Article 1168: When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Debtor cannot be guilty of delay and as the remedy of the obligee is the undoing of forbidden thing plus damages.
-Article 1169: Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. From the moment one of the parties fulfills his obligation, delay by the other begins. There are 3 effects of delay: Mora Solvendi, Mora Accipiendi and Compensatio morae.
-Article 1170: Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.It is the voluntary breach of obligation. There are grounds for liability: fraud, negligence, delay and contravention of the terms of the obligation.
-Article 1171: Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void. It refers to incidental fraud and can be demanded with respect to all kinds of obligations. It includes the waiver of action for future fraud which is void and for past fraud which is valid.
-Article 1172: Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances. In negligence, the court may mitigate the amount of damages to be awarded. When both parties to a contract are negligent in the performance of their respective obligations, the fault of one may cancel or neutralize the negligence of other. There are 3 kind of negligence:contractual, civil and criminal.
-Article 1173: The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, of the time and of the place.Negligence is a question of fact. Damages is the money compensation for the penalty given to the party who committed fault.
-Acticle 1174: Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.Fortuitous events are impossible to foresee or impossible to avoid. It can be act of man or act of God.
-Article 1175:Usurious transactions shall be governed by special laws It is legally non existent and to recover interest-it must be expressly stipulated. Must be in written form and the interest must be lawful.
-Article 1176:The receipt of the principal by the creditor without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid. Presumption cannot prevail over a proven fact. Normally, payment of interests precedes payment of the principal, in addition, usual business practice is that prior installments are first liquidated.
-Article 1177: The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them.There are remedies for the creditors to satisfy their claims such as, the creditors can either pursue the property of the debtor or the creditor can ask the court of justice to enforce the performance that is entitled to be fulfilled.
-Article 1178: Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary. It is prohibited by law, by which the rights are purely personal in character and by stipulation of the parties, it means that the obligation shall be void and it must be clearly proved.
GUTANA, JESSANIENNE G.
BSMA 2A
Thanks for the video sir.These are the key points I've learned in this video.
Article 1156
An obligation is a juridical necessity to give, to do or not do.
Obligation-one is bound to render something
Juridical necessity-the obligation must be fulfilled or else there will be corresponding penalties for non compliance
to give-the delivery of something
to do-the performance of an act
not to do- not to perform a certain act
Requisites of obligation
Passive subject- who is bound to perform the obligation (debtor)
Active subject- who is interested in the performance of obligation (creditor)
Juridical tie-a legal relationship between the parties
Object-subject matter in obligation
2 kinds of obligation
Real and personal
Article 1157
Sources of obligation
•Law
•acts or ommision punished by law
•contract
•quasi contract
•quasi delicts
Article 1158
If particular act has not been ordered by law then such obligation is not presumed to exist.
Article 1159
Compliance in good faith means performance according to terms of contract between parties.
Compliance in good faith means to perform obligation according to the term and condition of contracts.
Article 1160
Quasi contract is not a contract but because of lawful, unilateral and voluntary then there create an obligation
Article 1161
Criminal offenses shall be governed by penal laws.
Article1162
Quasi delicts-cause damages to others without consent.
Article 1163
"Deligence of a good father of a family is the standard care."
Need a incidental duty to take care the property.
Article 1163 will apply only if the object of obligation is specific or determinate. It will not apply if the object is generic or indeterminate.
Article 1164
Different kinds of fruits
Natural,Industrial and Civil fruits
Personal right- enforceable against a particular person
Real right- enforced directly against the world
Article 1165
General rule:If the thing is lost or distorted due to fortuitous event the obligation is distinguish.
Article 1169
"No demand, No delay"
Ordinary delay- failure to perform an obligation on time
Legal delay- delay that results in breach of contract
Kinds of delay
Mora solvendi, Mora accipiende and compensation morae
No delay in negative personal obligation
Bsba-Hrm 3A
These are some key points i have learned in this video.
In chapter 1 is all about obligation!
The first aticle is article 1156 is an obligation is a juridical necessity to give, to do or not to do. Means that the court may be asked to order the performance of an obligation if the debtor does not fulfill it.
There are requisities of obligation.
First is passive subject (debtor) is a party bound to performed obligation next is active subject (creditor) one who interest in the performance of the obligation. Next is juridical tie bindbto connect the parties. Last is object is subject matter.
There are kinds of obligation real and personal in short is to give and to do or not to do involves rendering some service.
In Article 1157
There are 5 sources
- law rule of conduct just obligatory. Imposed by law
- Act of omission punished by law, criminal offenses
- Contracts are covenant entered into by private individual and private aggreements. Based on agreement.
- Quasi contracts is not a contract but there exists a juridical relation. A juridical resulting from lawfull, unilateral and voluntary act.
- Quasi Delicts is arises from damages.
You said earlier if you committed certain act or you refuse to perform a certain act which required to be done by the law then you commit criminal offenses which is also a source of an obligation. I'm a little bit shock but it is true. Your a great prof. Sir.
In Article 1158
In this article is not ordered by law or has not been expressly provided by law then such obligation is not presumed to exist.
Law is assumed/expressed and not assumed.
Demandable/ not demandable.
In article 1160
2 kinds of quasi contracts is negotiorum is voluntary, without consist. And solutio indebiti is recieved by mistake, return to the owner.
Article 100 of the revised penal code every crime, all criminal violation has a corresponding civil liabilities. Civil liability is pertaining to imprisned men.
In Article 1162
Quasi delicts cause damagesto others without contract.
Chapter 2 is all about nature and effect of obligation
Article 1163 the best explantion ( diligence of a good father of a family)
Under is extraordinary care example is public utilities and public jeep and buses is a common career.
Article 1163 apply only specifics object.
Article 1164 real right is what acquired upon delivery, while ownership is tranferred from the perfection of the contract.
That all in this lesson. Thank so much sir 😊
Baysac, Rosalinda R.
BSBA-HRM3A
I learned a lot of information about this topic.
▪Article 1156- An obligation is a juridical necessity to give, to do or not to do.
•Obligation means one is bound to render something to another.
•Juridical Necessity that means that the obligation must be fulfilled or performed otherwise there will be corresponding penalty for non compliance and also it means that if the obligation has not been performed or if the obligation must violated then it gives the other party a remedy to go to court.
▪Article 1157
Sources of Obligation are
•Law- imposed by law
•Committed Certain Act- Criminal Offenses
•Contract- Based on Agreement
•Quasi Contract- A juridical relation resulting from lawful, unilateral and voluntary act
•Quasi Delicts- Arises from damages
▪Article 1158- these obligations which one expressly provided by law or demand.
Compliance in good faith means performance according to terms of contract between parties.
▪Article 1160
Quasi-Contracts
•Lawful
•Unilateral
•Voluntary Act
Quasi-Contracts
•Negotiorum Gestio- Voluntary without Consent
•Solutio Indebiti- Received by Mistake return to the owner
Criminal Offenses- shall be government by penal laws.
▪Article 1161
Civil Liabilities Includes
•Restitution- returning the value
•Reparation- paying damages cause
•Indemnification- paying other damages
▪Article 1162
Quasi-Delicts
-cause damages to others without contract
(Requisites of quasi-delicts)
•fault or Negligence- direct relation
•Act or Omission- no pre-existing contract
•Damaged caused- no pre-existing contract
▪Article 1163- it is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor for the more partied can stipulate another standard of care.
Thank you sir.
Rodas, Mary Joy B.
1BSA-B
Thank you for the video lecture, Atty.!
Here are the things I've learned:
Article 1156. An obligation is a juridical necessity to give to do or not to do.
Article 1157. Obligations arises from:
1.Law
2.Contracts
3. Acts or omissions punished by law
4. Quasi-contracts
We have two kinds of quasi contracts negotiorum gestio and solutio indebiti
5. Quasi-delicts
Article 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws.
Criminal liabilities are punished by imprisonment or fine
Civil liabilities are punished by return or payment of property
Civil liabilities includes; restitution, reparation and indemnification
Article 1162. Fault or negligence it is a direct relation
Acts or omission there is no pre-existing contract
Damage caused there is no also the existing contract
Chapter 2 Nature and Effects of Obligations
Article 1163. Every person is obliged to give something, is also obliged to take care of it with proper diligence of a good father of a family and less the law or the stipulation of parties requires another standard of care.
Diligence of a good father is the standard care
Extra ordinary care is the highest standard of care observed by the common carriers and bank
Specific or determinate is a thing that physically segregated others of the same class and it cannot be substituted
Generic or indeterminate refers to a class or genus which it pertains to and it cannot be pointed out with particularity. It can be substituted
Article 1164. We have three different kinds of fruits
Natural fruits are products of soil and of young the animals without the intervention of human labor example grass
Industrial fruits produced by land through human cultivation or labor example sugarcane vegetables strawberries
Civil fruits drive by virtue of a juridical relation example rents of building
Personal right right or power off the creditor against a passive object
Real right right or interest of creditor over a specific thing without definite passive subject
3 essential requisites on the perfection of the contract; consent, object, payment of consideration
Article 1165. General rule if the thing is lost or destroyed due to fortuitous event the obligation is extinguished
Article 1166. Accessions fruits of the thing or additions to or improvements upon a thing the principal
Accessories are included with the principal thing for the latter's embellishment for better use or completion
“Accessories follows the principal”
Article 1167. This article is about the breach of a personal obligation
If a person obliged to do something fails to do it the same shall be executed at his cost
Article 1169. Delay that result in breach of contract
Ordinary delay is merely the failure to perform an obligation on time there is no punishment
Legal delay or default or mora is the failure to perform an obligation on time which failure constitutes a breach of the obligation
Kinds of delay or default
Mora solvendi fault by the debtor
Mora accipiendi fault of creditor
Compensation morae both parties fault
Article 1170. Four grounds of liability
Fraud (deceit or dolo) deliberate or intentional evasion of the normal fulfillment of an obligation
Dolo casuante or casual fraud- fraud upon perfection or commencement of the contract
Dolo incidente or incidental fraud- fraud in the performance of the obligation
Negligence or fault or culpa voluntary act or omission there being no bad faith or malice
Delay
Contravention of the terms of the obligation
Article 1171. Responsibility arising from fraud is demandable in all obligations any waiver of an action for future fraud is void.
Only incidental fraud contract is still demandable
Article 1172. Three kinds of negligence
Contractual negligence/ culpa contractual
Civil negligence/ culpa aquiliana
Criminal negligence/ culpa criminal
Article 1173. Fault or negligence the following factors must be considered
Nature of the obligation
Circumstances of the person
Circumstances of the time
Circumstances of the place
Article 1174. Fortuitous event distinguish from force majeure
Acts of man
Acts of god
Kinds of fortuitous events are ordinary fortuitous events and extra ordinary fortuitous events
Article 1175. Usurious transactions shall be governed by special law
Presumption which cannot be contradicted
Disputable a rebuttable presumption one of which can be contradicted
Francisco, Yvonne Lee R.
1 BSA - B
After I watched this video, I've learned various things like in our Civil Code, we have provisions there that ignorance of the law excuses no one from compliance therewith. In other words, there is a conclusive presumption that all persons know the law and that the absence of knowledge does not excuse a person from his violation or transgression of the law. It is not allowed that a person to allege that he is not aware of what the law is. In fact, even if you are not aware of the law as long as that law has been published or promulgated, it will have to be binding, or it will take effect as a matter of course. Moreover, there is a hierarchy of the courts from Supreme Court, the highest court, Court of Appeals, Regional Trial Court, and the lowest court, the Municipal Trial Court or Municipal Circuit Metropolitan Trial Court.
In the general provisions, under Article 1156, an obligation is a juridical necessity to give, to do, or not to do. It means one is bound to render something to another. An obligation must be fulfilled or performed, otherwise, there will be a corresponding penalty for non-compliance. It means that if the obligation has not been performed or the obligation was violated, it gives the other party or the aggrieved party a remedy to go to court and ask for particular relief. He can invoke the power of the court to order the other party to comply with the obligation. However, the obligation not to give was not included in the definition provided by law because it is actually included in the obligation not to do. And in every obligation, there is always the presence of a passive subject the party or person who is bound to perform the obligation (debtor). On the other hand, the active subject is the one who is interested in the performance of the obligation (creditor). The juridical tie is what binds or connects the parties. This is the legal relationship between the parties. The object is the subject matter in an obligation.
Under Article 1157, obligations arises from law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. Article 1158 pertains to those obligations which are expressly provided by law are demandable. It means that a particular act not ordered by law or has not been expressly provided by law is not presumed to exist. Apart from that, Article 1159 talks about contracts and compliance in good faith. And Article 1160 talks about quasi-contracts which means a juridical relation resulting from a lawful, unilateral, and voluntary act. There are two kinds of quasi-contracts: negotiorum gestio and solutio indebiti. Moreover, Article 1161 talks about criminal offenses and civil liabilities like restitution, reparation, and indemnification. Under Article 1162, it speaks about quasi-delicts or torts.
Additionally, in the nature and effect of obligations, Article 1163 talks about the diligence of a good father of a family. If the obligation consists of giving a specific property, then the law gives the incidental duty. The diligence of a good family is the standard care or ordinary care. If a person who is obliged to give something, is not obliged to take care of that object or thing, the obligation will be rendered nugatory. There is also extraordinary care which is the highest standard of care observed by the common carriers and bank. However, Article 1164 speaks about acquiring real rights upon delivery of a thing. There are three kinds of fruits: natural, industrial, and civil fruits. Under Article 1165, it states that the creditor's remedy in case of real obligation is to recover ownership or recover possession of the property. Article 1166 talks about accessions and accessories. However, Article 1167 is about the breach of a personal obligation. And under Article 1168, when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Under Art.1169, there is the principle of no demand, no delay. There are three kinds of delay: mora solvendi (fault of the debtor), mora accipiendi (fault of the creditor), and compensation morae (both parties have incurred delay). Article 1170 talks about four grounds of liability: fraud, negligence, delay, and contravention of the terms of the obligation. And under Article 1171, responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
On the other, in Article 1172, the responsibility arising from negligence is also demandable. There are three kinds of negligence according to source of obligation: contractual negligence (culpa contractual), civil negligence (culpa aquiliana), and criminal negligence (culpa criminal). Furthermore, Article 1173 speaks about fault or negligence. If the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. Article 1174 is about a fortuitous event. The obligation is extinguished if the loss of the thing is due to a fortuitous event. Moreover, Article 1175 talks about usurious transactions. The payment of interest becomes due only if the parties have expressly stipulated for the payment of interest. There must be a written agreement and the interest must be lawful. Article 1176 is about presumptions. It is presumed that the prior installments are already paid even without its receipts even there are later installments. Article 1177 states that the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims. Lastly, Article 1178 talks about the transmissibility of rights. According to its general rule, all rights are transmissible except if it is prohibited by law and prohibited by the parties' stipulation.
Thank you Atty. for this meaningful lecture. You made it easy for us to understand it because of the summary you provided. The knowledge you share will always be remembered.
Alotiot, Ellaine V.
BSA- 2A
Knowing different rights and acts to be done is one of the most essential thing when you are bound or oblige to something/ someone.
From this episode, here are some key points that I've learned.
An obligation is a juridical necessity to give, to do or not to do it is written under the Article 1156.
Requisites of Obligation:
Passive Subject- Obligor/ Debtor
Active Subject- Obligee/ Creditor
Juridical Tie- Bind or connect parties or legal relationship between the parties.
Object (Prestation) - Subject matter of obligation.
Kinds of Obligation
Real- Obligations to give
Personal- To do or not to do
Article 1157 Obligation arise from:
(Sources of Obligation)
1. Law- Rule of Conduct just in Obligatory promulgated by the competent authority for the observance of common good or imposed by law.
2. Act or omissions punished by law- arise from civil liabilities or criminal offenses.
3. Contracts- Agreement between two individuals.
4. Quasi-Contracts - Juridical relation resulting from Lawful, Unilateral, and Voluntary act.
Article 1158
Law
*Assumed/Expressed - Demandable
*Not assumed - Not demandable
Article 1160 Quasi-Contracts - a juridical relation resulting from lawful, unilateral and voluntary act.
Article 1162 Quasi- Delicts - arises from damages
Article 1163 It is an incidental duty to preserve a thing with ordinary care to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care.
Article 1164 Real right is what acquired upon delivery, while ownership is transferred from the perfection of contract
Article 1165 Remedies of creditor in real obligation is to recover ownership
Article 1166
Accessions - fruits or addition of improvements
Accessories - thing included to the principal for better use or completion.
Article 1167 This is about breach of personal obligation.
Article 1168 When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Article 1169 Reciprocal obligations "No demand, No delay"
Article 1170
1. Fraud (deceit or dolo)
a. Dolo Causante ( Casual fraud)
b. Dolo Incidente ( Incidental fraud)
2. Negligence (fault or culpa)
3. Delay or mora
4. Contravention of the terms of the obligation
Article 1171 Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
Article 1172 Kinds of negligence according to source of obligations
1. Contractual negligence (Culpa Contractual)
2. Civil negligence (Culpa Aquilana)
3. Crime negligence (Culpa Criminal)
Article 1173 If the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required.
Article 1174 General rule: Obligation is extinguished if the loss of the thing is due to a fortuitous events
Article 1175 Requisites of recovery interest:
1. Payment of interest is expressly stipulated
2. Written agreement
3. The interest must be lawful
Article 1176 It is presumed that the prior installments are already paid even without its receipts even there are later installments.
Article 1177 Remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims
Article 1178 General rule: All rights are transmissible.
Exceptions to this rule are the following:
1. Prohibited by law.
2. Prohibited by stipulation of the parties.
Thank you Atty. Reyes. God bless!
Cayabyab, Syra Ellaine
1 BSA - B
Thank you Atty. Here are some of my takeaways after watching the video lecture.
Article 1156
An obligation is a juridical necessity to give, to do or not to do.
> It is a juridical necessity for in case of non-compliance, then the aggrieved party may demand for its fulfillment to the court.
> Not to give isn't included because it is somehow included to the prestation not to do.
♡ Requisites of an obligation
♡ Kinds of Obligation
♡ Sources of an Obligation
-> Law
-> Contracts - meeting of minds between two persons
-> Quasi Contracts - juridical relation resulting from LUV (lawful, unilateral, and voluntary) act by virtue whereby one binds himself with respect to the other to the end that no one shall be unjustly enriched or benefited at the expense of another.
-> Crimes (Acts or Ommisions punished by law)
-> Quasi Delict - An act or omission of a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for damage done
Article 1163
A person obliged to give something is also required to take care of it with a proper diligence of a good father of a family unless the law or stipulations of the parties requires another standard of care.
(applies only if the obligation is specific or determinate)
♡ Diligence of a good father of a family - ordinary care or default standard of care
> not diligence of a mother because law on obligations and contracts is derived from that of Roman's wherein during those times, only male are allowed to enter into a contract.
♡ Fortuitous Events - events that are unforeseen or even if forseen, are inevitable.
♡ Deliver the fruits of a thing
> Natural Fruits - spontaneous products of soil and the young of any animals, without the intervention of the human labor.
> Industrial Fruits - produced by land through human cultivation or labor
> Civil Fruits - derived by virtue of juridical relation
♡ Deliver the accessions and accessories of the thing
♡ Deliver the thing itself
♡ Answer for damages in case of non fulfillment or breach
Bernabe, Kristine May A.
BSA- 2A
These are the key learning I’ve learned while watching the video:
ARTICLE 1156. An obligation is a juridical necessity to give, to do or not to do.
The term obligation means tying or binding, it says that one is bound in favor of another to render something, and this may consists in giving a thing, doing a certain act, or not doing a certain act.
Obligation is a juridical necessity because if the debtor didn’t comply with the creditor, the court of justice may be called upon to enforce its fulfillment.
ARTICLE 1157.
-Law. When they are imposed by itself
-Contracts. When they arise from the stipulation of the parties.
-Quasi-Contracts. When they are arise from Lawful, Unilateral and voluntary.
-Quasi-Delicts. when they arise from damages caused to another through an act or omission.
ARTICLE 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or stipulation of the parties requires another standard of care.
-specific thing
-generic thing
Different kinds of fruit
-natural fruits
-industrial fruits
-civil fruits
Personal right- it is the right or the power of a person (creditor) to demand from another (debtor).
Real right- is the right or interest of a person over a specific thing.
Catherine Goboleo BSMA 2a
Good evening these are the key points that I've learned today.
Art. 1156
-An obligation is a juridical necessity to give, to do, or not to do.
To give - the delivery of a thing
To do - to perform an act
Not to do - prohibition of an action
Requites of obligation
1. Passive Subject - debtor who is bound to perform an obligation.
2. Active Subject- Creditor, the one who is interested in the performance of the obligation
3. Juridical Tie - the legal relationship between the parties
4. Object - the subject.
There are 2 kinds of obligations; Real and Personal
Under the New Civil Code Article 1157 Obligation arises from
-Law
-Acts or Omissions punished by law
-Contracts
-Quasi Contracts
-Quasi Delicts
ARTICLE 1158 - Obligations that openly expressed by the law are demandable. No law, no obligation.
"COMPLIANCE IN GOOD FAITH" in relation to contracts means performance according to terms of the contract between parties.
ART. 1160
QUASI - CONTRACTS
-Lawful
-Unilateral
-Voluntary Act
NEGOTIURUM GESTIO - Voluntary, without consent
SOLUTIO INDEBITI - Received by mistake, return to the owner
ART. 1161
CRIMINAL OFFENSES - Shall be governed by penal laws.
ART. 1161
CIVIL LIABILITIES includes: RRI
Restitution
Reparation
Indemnification
ART. 1162
QUASI - DELICTS
Cause damages to others without a contract.
REQUISITES OF QUASI - DELICTS FAD
- Fault or negligence
- Act or Omission
- Damaged Caused
ART. 1163
It is an incidental duty to preserve a thing with ordinary care
(diligence of good father of a family) to ensure the delivery of an
obligation and prevent negligence of the debtor. Furthermore, parties
can stipulate another standard of care.
Ordinary Care - Diligence of a good father of a family
Extraordinary Care - Highest Standard of care observed, usually in a banking establishment or a public utility vehicle.
Art. 1164
A real right is what acquired upon delivery, while ownership is transferred from the perfection
of the contract.
Civil Law Principle: Accessory follows the Principal.
The obligation to deliver fruits (natural, industrial, & civil fruits) arises when: Time of the perfection of the contract, an obligation is subject to a suspensive condition, contract of sale, and from law quasi-contracts, delicts and quasi-delicts.
ART. 1165
SPECIFIC REAL OBLIGATION CAN DEMAND
A. Specific performance of obligation + indemnity
B. Rescission + Recovery of Damage
C. Payment of damage
ART. 1166
ACCESSIONS - Fruits or additions or improvements
ACCESSORIES - Things included/attached to the principal for better us or completion
General Rule: Accessory follows the principal.
ART. 1167
This article is about the breach of a personal obligation
- Specific performance is not applicable since this would be violative of the debtor's
constitutional right against involuntary servitude.
- Obligations not to do: and the obligor does it, the creditor may have it undone at
the expense of the debtor.
Art. 1168
When the obligation consists in not doing, and the obligor does what has been forbidden
him, it shall also be undone at his expense.
Art. 1169
In reciprocal obligations, neither party incurs in delay if the other does not comply or
is not ready to comply in a proper manner with what is incumbent upon him.
From the moment one of the parties fulfills his obligation, delay by other begins.
(Compensatio Morae) NO DEMAND, NO DELAY. Exceptions: When the obligation or law provides like payment of tax, Time is a controlling motive, and when the demand is useless.
"NO DELAY IN NEGATIVE PERSONAL OBLIGATIONS"
"WHEN BOTH PARTIES ARE ALREADY IN DELAY, THERE IS NO DELAY" - Rule of equity.
ART. 1170
4 GROUNDS OF LIABILITY
1. Fraud
a. Dolo Causante
b. Dolo Incidente
2. Negligence
3. Delay
4. Contravention of the terms of an obligation
ART. 1171
Responsibility arising from fraud is demandable in all obligations. Any waiver of an action
foe future fraud is void.(1102a)
Art. 1172
Kinds of negligence accrdg. to sources of obligation.
1. Contractual Negligence (Culpa Contractual)
2. Civil Negligence (Culpa Aquiliana)
3. Criminal Negligence (Culpa Criminal)
ART. 1173
If the contract is silent the diligence which is to be observed in the performance,
that which is expected of a good father of a family shall be required.
ART. 1174
Requisites of a fortuitous event.
1. Independent of a human will or at least of the debtor's will.
2.The event could not be seen or if foreseen, is inevitable.
3. Impossible for the debtor to comply with his obligation in a normal manner.
4. There is no concurrent negligence on the part of the debtor.
ART. 1175
Requisites of recovery of interest.
1. Payment of interest is expressly stipulated for the payment. WRITTEN AGREEMENT
Central Bank Circular No. 799
-When there is no stipulated interest, the legal interest SHALL BE 6%
Central Bank Circular No. 905
- Free to stipulate any amount of interest as long as it is not considered
"iniquitous or unconscionable" - ART. 1229
2. Written Agreement
3. The interest must be lawful
ART. 1176
It is presumed that the prior installments are already paid even without its receipts
even there are later installments.
The presumption will be only applied if:
1. The prior installments have been paid.
2. Only if the receipt indicated which month the payment is being made for.
Art. 1177
GENERAL RULE: All rights are TRANSMISSIBLE. Rights may be transferred.
Art. 1178
EXCEPT:
1. Prohibited by Law
2. Prohibited by the Parties' stipulation.
Stay safe
Uy, Joselle Angelu
1BSA-A
Pamantasan ng Cabuyao
Watching this video many times can help you to gain more knowledge about Law on Obligation and Contracts and these are my takeaways:
Article 1156. An Obligation is a juridical necessity to give, to do or not to do. It is said that an obligation is juridical necessity, because in some case of non-compliance the court of justice may be called upon by the aggrieved party to enforce its fulfillment or in default thereof the economic value represents and also if the obligation is not fulfilled there will be a corresponding legal consequences or penalties.
Article 1157. This discusses about the sources of obligation (Law, Contracts, Act or ommission, Quasi-contracts and Quasi-Delicts.
Article 1158. Obligation derived from law are not presumed. They are not presumed because they are considered a burden upon the obligor. It says that if the law is clearly expressed or assumed then it is a demandable and if the law is not expressed or not assumed then it is not demandable.
Article 1159. Is all about Contracts. According to the Article 1305 of the Civil Code, Contracts is a meeting of minds between two persons, whereby one binds himself with respect to other, to give something or to render some service. Compliance in good faith means performance according to the terms of contract between parties.
Article 1160. Obligation arising from quasi-contracts or implied in the law. There are two kinds of Quasi-contracts, the first one is the negotiorum gestio means it is an voluntary management of property without the knowledge or consent of the latter and second is solutio indebiti meaning it is received by mistake, you should return it to the owner.
Article 1161. Civil Obligations arising from criminal offenses shall be governed by penal laws. According to Article Code 100, Every person criminally liable for a felony is a civil liabilities. The Scope of Civil Liabilities are:
•Restitution means returning the value.
•Reparation meaning paying the damage cause and-
•Imdemnification it is paying the other damages.
Article 1162. Quasi-Delicts -obligation to pay for the damage done, includes not only injuries to person but also the damage in the property. Whoever act or crime causes damages to another, there being fault or negligence is obliged to pay for the damage done.
Article 1163. It is incedental duty to the reserve a thing with ordinary cre to ensure the delivery if an obligation and prevent negligence of the debtor. When we say extraordinary care it is the highest standard of care observed by the common carriers (public utilities) and bank (financial institutions).
We must not forget the “genus nunquam perit” means genus never perishes.
Article 1164. Kinds of fruits are Natural Fruits, Industrial Fruits, and Civil Fruits.
Accessory follows the principal.
Article 1169. Delay (mora) it is the failure discharge of duty on due date. No demand, no delay. There is no delay in negative personal obligation.
Kinds of delay
•mora solvendi
•mora accipiendi
•compensatio morae
Under the Article 1170 there are 4 Grounds of Liability
1. Fraud (deceit or dolo)
2. Negligence
3. Delay
4. Contravention of the terms of the obligation covers all form of violation
All in all, the lesson that gives me the most impact is that the “Ignorance of the law excuses no one from compliance.” That’s why the Law is promulgated, so that all persons must know what the law is and be knowledgeable. And as a general rule under Article 1178, all rights are transmissible.
Thank you.
Laya, Voltaire Lau G.
1BSA-A
Good day Attorney Reyes, thank you for this lecture video, in which I learned that an obligation is a juridical necessity to give, to do, or not to do, and of course we must memorize this by heart and always remember it. Also, it came from the Latin word “Obligatio” meaning tying or binding since one is bound to give, to do, or not to do. Obligation is a juridical necessity since in case of non-compliance, the creditor can take legal action to the court of justice so that they can enforce the debtor to comply with their obligations. The requisites in an obligation are the debtor also known as passive subject or obligor, and the one who is bound to fulfill something. The creditor also known as active subject or obligee, one who has a right to demand the fulfillment of the obligation. Object or prestation which is the conduct required to be observed by the debtor. Lastly, the juridical or legal tie which binds the parties to an obligation. Furthermore, obligation according to subject matter includes real obligation (to give), positive personal obligation (to do), and negative personal obligation (to not do), also I learned that the obligation to not to give is already included in negative personal obligation.
Next, I learned that in article 1157 obligations arises from law, contracts, quasi-contract, acts or omission punished by law, and quasi-delicts or torts. Though technically there are only 2 sources law and contracts since quasi-contracts, crimes, and quasi-delicts are imposed by law.
A contract is a meeting of minds between two individuals whereby one binds himself, with respect to the other, to give something or render some service. Additionally, according to article 1159 Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith, meaning that the parties must comply with the stipulation or terms of the contract.
On the other hand, quasi-contracts arise from lawful, unilateral, voluntary acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another. There are two kinds of quasi-contracts which are negotiorum gestio and solution indebiti. Negotorium gestio is voluntary management of the property of another person without permission and there is no preexisting contractual relationship between them. On the other hand, solution indebiti is payment by mistake or when something is received when there is no right to demand.
Acts or omission punished by law, arises from civil liability which is the consequence of a criminal offence, and the scope of civil liability includes restitution (return of object), reparation (payments for object), and indemnification for consequential damage. Lastly, a quasi-delict is an act or omission there being fault or negligence causing damage to other people in which there is not pre-existing contractual relation between the parties, therefore giving rise to an obligation to pay for damages.
Article 1163 states that every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law, or the stipulation of the parties requires another standard of care. The proper diligence of a good father of a family is the standard care given, and I learned that it is called a good father because it is based on the Roman law concept in which only men can enter in contracts.
A specific or determinate thing is a particular or physically segregated others of the same class and it cannot be substituted without the consent of the creditor, while a generic or indeterminate thing refers to a class and genus, in which the debtor can give anything of the same class since genus never perishes (genus nunquam perit). There are 3 kinds of fruits, natural which is the spontaneous product of the soil, and the young and other products of animals. Industrial fruits which is produced by land through cultivation and labor. Lastly, Civil which is derived by virtue of a juridical virtue. Accession are the fruits or additions or improvements upon the principal, while accessories are things joined to or included with the principal thing.
Next, I learned the 4 grounds for liability which is fraud (deceit or dolo), negligence (culpa), delay (mora), and contravention of the terms of the obligation. Fraud is deliberate or intentional evasion of the normal fulfillment of an obligation. Negligence is a voluntary act or omission, there being bad faith, which prevents normal fulfillment of an obligation. It has 3 kinds contractual which is negligence in contracts resulting in breach, civil which is negligence which by itself is the source of the obligation, and criminal which is crime committed by negligence. Delay is failure to discharge duty on time in which it can be an ordinary delay or legal delay (punishable). Also, it has 3 kinds which is mora solvendi (fault of debtor), mora accipiendi (fault of creditor), and compensation morae (both parties at fault) in which when both parties are in delay there is no delay. Additionally, I learned that when there is no demand from the creditor then there is no delay unless the obligation or the law so provides, time is a controlling motive and when the demand would be useless.
Also, I learned more about fortuitous event, which is any event which cannot be foreseen, or which, though foreseen, is inevitable. There are 2 kinds which are ordinary which are common events and can be reasonably foreseen, and extra-ordinary which are uncommon events and cannot be reasonably foreseen. Lastly, I learned that all rights are transferrable unless prohibited by law and stipulation of parties.
BSBA HRM 3A
I learned that an obligation is a juridical necessity to give, to do or not to do. Obligation. The requirement to do what is imposed by law, promise, or contract. It's a tie which binds us to pay or to do something agreeably to the laws and customs of the country.
BRINQUEZ,JENNYLYN (BSA-2B)
These are the key points I've learned from this video.
According to (Article.1156)
Obligation is juridical necessity to give, to do or not todo. Its a legal tie or juridical bond by virtue in which one is bound to in favor of another to give or render something.
Its juridical necessity where if one does not perform to the compliance of an obligation, the court of justice gives rights of action to comfel its performance. But if its not grant by court of action, its obligation may based on natural law.
Civil obligation is based on positive law and give rights of action to comfel their performance.
Natural obligation is based on natural law but on equity and moral justice. Thus, its not enforceable by court of action but after voluntarily performance of the debtor, he can no longer recover what he has given.
There four elements of obligation.
1.Active subject- It's a person who have the right to demand to the fulfillment of an obligation. It's known as creditor/oblige.
2. Passive subject- It's a person who is bound to the fulfillment of an obligation. It's known as Debtor/obligor.
3.prestation or the object- its the subject matter or a promise to be observed in the performance of an obligation.
4. efficient cause- its the legal tie which binds the parties to the obligation. Also known as vinculum juris or juridical tie.
Taup, Ashley Nicole
1BSA-A
Pamantasan ng Cabuyao
After watching this video, these are the knowledge I have learned:
-Article 1156 gives the definition of obligation (An obligation is a juridical necessity to give,
to do or not to do). It also contain its essential requisites and the kinds of
obligation according to subject matter which are real and personal obligation.
-Article 1157 states the sources of obligation or where obligation arises. These are the law,
contracts, quasi-contracts, acts or omission punishable by law and quasi
delicts.
-Article 1158 says that we should not assume obligations derived from law as it is considered a
burden upon the obligor.
-Article 1159 speaks about the contractual obligations or obligations arising from contracts or
voluntary agreements.
-Article1160 contains the treatments of obligation arising from quasi-contracts or contracts
implied by law. No one shall unjustly enrich himself at the expense of others.
-Article 1161 deals with the civil liability arising from crimes or delicts. Every person
criminally liable is also civilly liabIe for the damages. It is governed by the
penal law.
-Article 1162 gives the treatments of the obligations arising from quasi delicts or torts.
-Article 1163 says that in every obligation, there must be a standard care or the diligence of a
good father to ensure its delivery. It will only apply if the thing is specific
or determinate. Genus Nunquam Perit (Genus never perish).
-Article 1164 states that the creditor has a right to fruits of the thing from the time the
obligation to deliver it, arises.
-Article 1165 is about the remedies of a creditor in real obligation, whether generic or
specific.
-Article 1166 says that the delivery of determinate thing must include all its accessories and
accessions even though it is not mentioned.
-Article 1167 states that if the person obliged to do something fails to do it, the same shall be
executed at his cost. The same rule shall be observed if he does it in
contravention of the tenor of the obligation. Furthermore, it may be decreed
that what has been poorly done be undone. If the obligor refuses to perform the
obligation, the creditor is not allowed to compel them but may ask another
party to do it at their own cost.
-Article 1168 refers to the negative personal obligation or the act not to do. It is said that if
the obligor done what has been forbidden him, it shall also be undone at his
expense.
-Article 1169 gives the definition of delay in the law.
-Article 1170 give the 4 grounds for liability which may entitle the injured party to damages for
all kinds of obligations regardless of their source.
-Article 1171 states that any responsible arising from fraud is demandable in all obligations. Any
waiver of an action for future fraud is void.
-Article 1172 also says that responsibility arising from negligence in the performance of every
kind of obligation is also demandable, but such liability may be regulated by
the courts, according to the circumstances.
-Article 1173 states that it must be proved that the negligence happened.
-Article 1174 mentioned that no one shall be responsible for those events which could not be
foreseen, or which, though foreseen, were inevitable.
-Article 1175 states that usurious transactions shall be governed by special laws.
-Article 1176 said that there would be a presumption that the interest is already paid if the
creditor receives the payment without reservation with respect to the interest.
-Article 1177 states that the creditor may now carry the rights and duties of the debtor before,
once he finally receives all the rights over a property.
-Article 1178 tells that all rights acquired in virtue of an obligation are generally
transmissible.
Binag, Bianca Nicole L.
BSA - 2B
After watching the video, these are the key points that I have learned:
- Article 1156 - Obligation is a juridical necessity to give, to do or not to do.
- Obligation refers to the duty bound to render something to another.
- Juridical Necessity is the obligation that must be fulfilled or performed.
- There are two kinds of obligation: real (to give) and personal (to do or not to do)
- Obligation arises from the Law which is imposed by the law; Acts or Omission punished by Law which composed of criminal offenses whenever you committed crimes. Contracts are agreement between two individuals that bind themselves based on the terms and condition of the agreement. Quasi-contracts is a juridical relation resulting from lawful, unilateral, and voluntary act. Quasi-delicts are damages arising from civil act.
- Article 1163. It is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care.
- Extraordinary care - highest standard of care observed by the common carriers and bank.
Different Kinds of Fruits
a. Natural Fruits - spontaneous products of soil and young of the animals without the intervention of human labor.
b. Industrial Fruits - produced by land through human cultivation or labor.
c. Civil Fruits - derived by virtue of juridical relation.
*Personal right- refers to the right or power of creditor enforceable against a particular person or passive subject.
*Real right - refers to the right or interest of creditor over a specify thing without definite passive subject; enforced directly against the world.
- Accessory follows the principal: when the obligation has been perfected the ownership was transferred from the seller (obligor) to the buyer (oblige)
3 Essential Requisites on the Perfection of the Contract:
1. Consent
2. Object
3. Payment of Consideration
Accessions - fruits or additions/improvements
Accessories - things included to the principal for better us or completion
Thank you so much Attorney for the knowledge. God Bless!
What I've learned from this video lesson are summarized as follows:
• It is said that, " An obligation is a juridical necessity to give, to do or not to do" according to the Article 1156 in the Chapter 1 of the General Provisions.
• An obligation is bound to render something to another and must be fulfilled or performed. Otherwise, there will be corresponding penalties for non-compliance.
• The juridical necessity means that the obligation has not performed or is violated. Hence, it gives the other party or the agreed party a remedy to go to the court and ask for a particular relief.
• "To give" refers to the delivery of something; "To do" refers to the performance of an act; and "Not to do" is the prohibition not to perform a certain act.
• There are 4 Requisites of Obligation: (1) Passive Subject (debtor), (2) Active Subject (creditor), (3) Juridical Tie (binds and connect parties) and (4) Object (subject matter).
• There are 2 Kinds of Obligation: (1) Real which consists of an obligation "to give" and (2) Personal which consists of obligation "to do" and "not to do."
• In Article 1157, there are Sources of Obligation such as (1) Law (PORC), (2) Acts or Omissions punished by Law (criminal offenses), (3) Contracts (based on agreement), (4) Quasi-Contracts (a juridical decision resulting from Lawful Unilateral and Voluntary Act or LUV), and (5) Quasi-delicts (cause damages to others without contract.)
• In Article 1158, it distinguished if an obligation is assumed or expressed and demandable, or is not assumed and not demandable.
• In Article 1159, it is said that a contract has its force of law, all essential elements should be presented, and discussed about the breach or violation of contract.
• In Article 1160, there are 2 Kinds of Quasi-Contracts and these are: (1) Negotiorum gestio or voluntary, without consent, and (2) Solutio Indebiti or received by mistake, return to the owner.
• In Article 1161, I understood the difference between the Criminal Liabilities which is pertaining to imprisonment, and Civil Liabilities which could be in a form of Restitution (returning the value), Reparation (paying damages cause), and Indemnification (paying other damages.)
• In Article 1162, Requisites of Quasi-delicts include Fault or Negligence (direct relation), Act or Omission (no pre-existing contract), and Damaged Caused (no pre-existing contract also.)
• In Article 1163, it is said that an incidental duty to preserve a thing with ordinary care (the diligence of a good father of a family as it was derived from the concept of the Roman Law during the Roman Empire) to ensure the delivery of an obligation and prevent negligence of the debtor. Thereof, the "diligence of a good father of a family" is the standard care and/or the default care.
• The "extraordinary care" refers to the highest standard of care observed by the common carriers (pertaining to public utility such jeepneys and buses, etc.) and bank (as financial institution which is required by law to observe extraordinary care.)
• The Object could be specific or determinate (cannot be substituted) otherwise, could be generic or indeterminate (can be substituted.)
• However, there is this exception that law does not apply to obligations with generic thing because the standard of care is useless since the debtor can always substitute the thing of the same kind, which follows the general rule "Genus nunquam perit" or genus never perishes.
• In Article 1164, there are 3 Types of Fruits (something to deliver) such as (1) Natural Fruits, the spontaneous product of soil and young of the animals, (2) Industrial Fruits, the products produced by land, and (3) Civil Fruits, derived by virtue of juridical relation.
• Personal Right refers to the right or power of creditor which is enforceable against a particular person or a passive subject. While the Real Right pertains to the right or interest of a creditor which is enforced directly against the world.
• When the obligation has been perfected the ownership was transferred from the seller (obligor) to the buyer (obligee) it is called "Accessory follows the principal."
• In Article 1165, remedies of creditor in real obligation (an obligation to deliver a thing.) In addition, there is this General rule that if the thing is lost or destroyed due to fortuitous event, the obligation is extinguished.
• In Article 1166, the Accessions are the fruits or additions or improvements while the Accessories are the things included to the principal for better use or completion.
• In Article 1167, discussed about the breach of a personal obligation such the Specific performance is not applicable since this would be violative of the debtor's constitutional right against involuntary servitude.
• In Article 1168, when the obligation consists in not doing and the obligor does what has been forbidden him, it shall also be undone at his expense.
• In Article 1169, "No demand, No delay," which means that as long as both party have no agreement, or have no demand, there will not be in delay.
• The delay (mora) means a failure discharge of duty on due date and time.
• Accordingly, the Ordinary delay is a failure to perform an obligation on time and yet no punishment. While the Legal delay is the delay that results in breach of contract.
• There are 3 Kinds of Delay or Default and these include (1) Mora Solvendi, fault of the debtor, (2) Mora Accipiendi, fault of the creditor (obligor), and (3) Compensatio Morae, both have incurred delay.
• In Article 1170, there are 4 Grounds of Liablity: (1) Fraud (deceit or dolo), means to deliberate or intentional envasion of the normal fulfillment of an obligation; (2) Negligence (fault or culpa), voluntary act or omission; (3) Delay (mora); and (4) Contravension of the Terms of the Obligation Covers All Forms of Violation.
• In Article 1171 said that responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
• In Article 1172, according to the source of obligation, there are 3 Kinds of Negligence such as (1) Contractual Negligence (culpa contractual) which is the negligence in contracts resulting in their breach; (2) Civil Negligence (culpa aquiliana), the negligence by which itself is the source of an obligation between the parties not so related before by any pre-existing contract; and (3) Criminal Negligence (culpa criminal), the crime committed by negligence.
• In Article 1173, if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required.
• In Article 1174, discussed the Requisites of a Fortuitous Event such that independent of a human will or at least of the debtor's will, the event could not be seen, or is foreseen, is inevitable, and so forth.
• In Article 1175, the Requisites of Recovery of Interest are (1) payment of interest is expressly stipulated, (2) written agreement, and (3) the interest must be lawful.
• In Article 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments.
• In Article 1177, the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims: (1) Exact fulfillment with right to damages; (2) Pursue the debtor's leviable property; (3) Exercise all the right and bring all the actions of the latter for the same purpose; and (4) Impugn the acts.
• In Article 1178, there is this exception that (1) prohibited by law and (2) prohibited by the parties' stipulation.
Thank you po sir!
Petrola, Liera Cressarienna D.
BSBA HRM 3B
Candido, Hannah Mae P.
PNC- 1BSA-A
Thank you for the lecture Atty.
Below is th summary of the topic you discussed.
Under Article 1156- An obligation is a juridical necessity to give, to do, or not to do. It means that it must be fulfilled or performed otherwise there will be a corresponding penalty for non-compliance.
ESSENTIAL REQUISITE OF AN OBLIGATION
1. Passive subject (debtor)- it is the person who bound to perform the obligation.
2. Active subject (creditor)- the person who interested in the performance of obligation.
3. Object or prestation (subject matter)- consist in giving, doing, or not doing an obligation.
4. A juridical tie (efficient cause)- the legal relationship between the parties
2 KINDS OF OBLIGATION
1. Real Obligation- involves delivery
2. Personal Obligation- involves rendering service-- to do (positive) and not to do (negative)
Under Article 1157:
Sources of Obligation
1. Law- imposed by law itself; the legal obligation.
2. Contract- agreement between two individuals
3. Act or omission punished by law- consequences of criminal offenses.
4. Quasi-contract- juridical relation resulting from lawful, unilateral, and voluntary act; no agreement
5. Quasi-delicts- damages arising from tort civil act.
Article 1158 says that if it's not expressly provided by law, such obligation is not presumed to exist.
Article 1159. Obligation arising from contract have the force of law between the contracting parties and should be complied with in good faith.
Compliance in good faith- means it needs to perform according to the terms and conditions of the contract. It needed honesty to prevent one party to take advantage over the other.
Under Article 1160:
Quasi-Contractual Obligation
-lawful, unilateral and voluntary act.
Kinds of Quasi-contract
1. Negotiorum Gestio- voluntary; without consent
2. Solution Indebiti- receive by mistake, need to return to the rightful owner.
Under Article 1161 provides that the criminal offenses shall be governed by penal laws. Every crime violation has corresponding civil liability. Civil liability is the ff:
1. Restitution- return the value or pay if lost.
2. Reparation- pay damages or whatever cause.
3. Indemnification- paying other damages.
Under Article 1162:
Quasi-delicts- arising from civil act or torts.
Requisites of Quasi-delicts
1. Act or omission- no pre existing contract
2. Fault or negligence
3. Damage Caused
Article 1163- "diligence of a good father of a family" it is the standard and default care.
-if obligation consist of delivery, the law imposes diligence of a good father of family.
-it will not create juridical necessity if it's don't have a standard care.
(1) determinate thing (specific)- cannot substitute
(2) generic thing- can substitute of the same class and quality.
-Article 1163 only applied in determinate or specific object
Under Article 1164 is the real right acquired upon delivery, while ownership is transferred from the perfection of contract.
Note: Civil Law Principle: Accessory follows the Principal
- a creditor has a right to the fruits of the thing from the time obligation to deliver it arises.
KINDS OF FRUITS
1. Natural Fruits- spontaneous product of soil, and the young of animals; without intervention of human labor.
2. Industrial Fruits- produced by land through human cultivation
3. Civil fruits- virtue of juridical relation (e.g rent, interest)
Under Article 1165 explains that if the thing is generic or indeterminate, he may ask that the obligation be complied with at the expense of the debtor
Remedies of Creditor in Real Obligation:
(1) Specific Real Obligation- obligation to deliver a determinate thing
(2) Generic Real Obligation- obligation to deliver a generic thing
General Rule: If the thing is lost or destroyed due to a fortuitous event, the obligation is distinguished EXCEPT:
a. Delay
b. Promise to deliver the specific thing to the sama two (2) or more persons of different interest.
c. Object is generic thing
Under Article 1166.
(1) Accessions- fruits of a thing or improve upon a thing.
(2) Accessories- things included to the principal.
Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost.
- the article is about the breach of a personal obligation
Article 1168. When the obligation consist in not doing, and obligor does what has been forbidden him, it shall also be undone at his expense
Under 1169 explains No demand, No delay
Exceptions:
1. When the obligation or law so provides
2. Time is a controlling motive
3. When demand would be useless
Delay (mora)- failure ro discharge of duty on due date
(1) ordinary delay- failure to perform an obligation on time.
(2) legal delay- failure constitutes a breach of the obligation
Kinds of delay or default care
1. Mora solvendi- fault of the debtor
2. Mora accipiendi- fault of creditor
3. Compensatio morae- both have
Under Article 1170:
4 Grounds of Liability
1. Fraud (deceit or dolo)- intentional erasion of the normal fulfillment of an obligation.
a. Dolo causante (causal fraud)- fraud upon perfection of commencement of the contract.
b. Dolo incidente ( incidental fraud)- fraud in the performance of the obligation.
2. Negligence (fault or culpa)- voluntary act or omission
3. Delay (mora)
4. Contravention of the terms of the obligation- violation of the terms and conditions.
Article 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
-this provision refers to incidental fraud which is employed in the fulfillment of an obligation.
Under Article 1172:
Kinds of Negligence
1. Contractual Negligence- resulting in their breach
2. Civil negligence- itself is the source of an obligation between the parties not so related
3. Criminal negligence- crime committed by negligence
Article 1173 explains that if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. EXCEPT:
1. The thing is genus
2. The thing need extraordinary care
Under Article 1174:
Fortuitous event- event cannot be foreseen.
(1) acts of man
(2) acts of God
Under Article 1175:
Requisites of recovery of interest:
1. Payment of interest is expressly stipulated
2. Written agreement
3. The interest must be lawful
Under Article 1176:
Presumption- interference of a fact not actually known arising from it's usual connection with another which or known or proved.
1. Conclusive presumption- cannot be contradicted
2. Disputable presumption- can be contradicted
Under Article 1177:
Remedies available to creditors for the satisfaction of their claims:
1. Exact fulfillment with the right damages
2. Pursue the debtor's leviable property
3. Exercise all the rights and bring all the actions of the latter for the same purpose
4. Impugn the acts.
Lorenzo, John Derrick I.
1BSA - A
Pamantasan ng Cabuyao
Good day Atty, here are the summary of my learnings after watching the video:
ART 1156 - An commitment may be a juridical need to provide, to do, or not to do. This states that one is bound to provide a thing or render a benefit, which on the off chance that comes up short, may be called upon by the Court for the authorization of the satisfaction. Commitment has fundamental components or essential; these are the Inactive Subject which alludes to the indebted person or obligor, Dynamic Subject or the creditor/obligee, Prestation which is the subject matter of a commitment, and the Juridical Tie which ties the parties to the commitment. A commitment may either be genuine or individual.
ART 1157 - An commitment emerges from Law, Contract, Quasi-Contract, Acts or exclusions rebuffed by law, and Quasi-Delicts. Law, Contracts and Acts or exclusions rebuffed by law are fundamentally source of commitment, so I’m fair reaching to share my unused learnings with respect to Quasi-Contract and Quasi-Delict. I’ve learned that a Quasi-Contract emerges from LUV (legal, one-sided, and deliberate acts) these are constrained to the conclusion that no one might be unreasonably profited or improved at the cost of another. 2 illustrations of it are Negotiorum Gestio and Arrangement Indebiti.
ART 1158 - Here, I learned that an commitment determined from law isn't assumed. Meaning to say, it is as it were demandable in the event that it was communicated on the Gracious Code or by uncommon laws.
ART 1159 - Commitments emerging from contracts have the drive of law between the contracting parties and ought to be complied with in great confidence. It was expressed in here that there's a authoritative constrain to be complied with in contracts, and one shouldn’t breach or renege from it.
ART 1160 - This article is all approximately the quasi-contract which commitments might be subjected to the arrangements of Chapter 1, Title XVII of this book (Book IV Common Arrangements on Commitments and Contracts) This article clarified the two illustrations of Quasi-Contracts; the Negotiorum Gestio - intentional administration of someone’s property without the consent/knowledge of another, and Solutio Indebiti where one gotten a thing without the correct to request it and was conveyed by botch.
ART 1161 - Gracious commitments emerging from criminal offenses might be administered by the correctional laws. I learned here that when it emerges from a criminal offense, there are two liabilities as a result. 1. Criminal Obligation - detainment and/or installment of fine 2. Respectful Obligation - can be compensation, reparation, or indeminification
ART 1162 - Commitments determined from quasi-delicts might be administered by the arrangements of Chapter 2, Title XVII of this Book, and by uncommon laws. I learned more almost quasi-delicts here, most particularly its requirements where there must be 1. An act or exclusion; and 2. blame or carelessness of the respondent, 3. harm caused to the complainant, 4 coordinate connection between the primary three essentials. and 5. no pre-existing legally binding connection between the parties. Moreover, I too need to know the contrast between a wrongdoing and a quasi-delict in this article.
ART 1163 - Each individual obliged to provide a thing must protect it with a appropriate perseverance of a great father of a family unless the law or the stipulation of the party requires another standard of care. This article talks about the standard of care of an obligor to the determinate thing he is obliged to convey. It is considered determinate on the off chance that it is especially outlined or physically isolated. A determinate thing is additionally classified by its distinction and it cannot be fair substituted or supplanted with another of the same kind. Nonexclusive or uncertain on the other hand alludes to a course or class. It is common and can be substituted with anything with the same lesson or kind. This article is as it were pertinent in the event that what is to be conveyed could be a determinate thing. On the other hand, the standard of care can be as it were requested to the next standard since the commitment would be futile in the event that an obligor can fair disregard the thing to be conveyed.
ART 1164 - Summing this article up, the leaser will as it were have the genuine right over a thing once it was conveyed to him. He too has the individual right to the natural product of the thing once an commitment to provide it emerges or the flawlessness of the contract. Meaning to say, the lender can request the commitment to the indebted person. There are 3 distinctive sorts of natural products said here; Characteristic, Mechanical and Respectful Natural products.
ART 1165 - in conveying a determinate thing, the lender has the correct to demand or compel the indebted person to form the conveyance. In case it’s a nonexclusive thing, the lender may inquire for the commitment to be complied at the cost of the indebted person. In the event that the debtor/obligor delays or guaranteed to convey the same thing to two or more, he will be held at risk to what harms may happen indeed in case it’s due to a happy occasion.
ART 1166 - Adornment takes after the Central. Here, an commitment to provide a determinate thing too incorporates the commitment to provide its embellishment and promotions. Increases are the natural products, expansion or enhancement upon a thing, whereas adornments are incorporation for completion or superior utilize of the thing.
ART 1167 - This article is about the breach/violation or non-compliance of the contract. There are remedies for the creditor, which of course will be executed at the debtor’s cost.
ART 1168 - In case the debtor have done something forbidden on the contract, or basically did what was not to be done, it must be undone at the debtor’s expense.
ART 1169 - In this article, the bank must issue a request or request waiver for the commitment. In case the commitment was not satisfied on time and there's no request from the creditor, at that point it'll not be considered as delay at all UNLESS the commitment is communicated by the law, time is the controlling rationale, or the request would be futile due to the obligor’s negligence or fault. Be that as it may, in case it could be a corresponding commitment and both were deferred, at that point there's no delay at all.
ART 1170 - Those obligor who aren’t able to fulfill his obligations due to negligence, fraud, delay and violation, are liable to pay damages.
ART 1171 - This states that any responsibility due to a (incidental) fraud is demandable in all obligations. This could be a past or future. If a waiver of action is for future fraud, then it is void, while for past fraud are valid.
ART 1172 - Duties emerging from carelessness of any commitments are too demandable. In any case, a waiver from carelessness is as it were substantial on the off chance that the standard of care given is as it were standard care. There are 3 diverse sorts of carelessness from the source of commitment. To begin with, Culpa Legally binding - carelessness coming about to breach of contract, Moment, Culpa Aquiliana such as quasi-delicts, and Third, Culpa Criminal or wrongdoing committed by carelessness.
ART 1173 - It must be proved that there is a negligence that happened. In determining negligence, there are factors to be considered; the nature of obligation, circumstances of the person, time, and place. If a negligence shows bad faith or bad intent/motive, provisions of Articles 1171 and 2201, paragraph 2, must be applied.
ART 1174 - No one might be held obligated in the event that an commitment was fizzled due to unexpected or happy occasions. These are recognized into two, the act of man like wrongdoing, burglary; and act of God such as common calamities. Besides, a chance occasions have the requirements; autonomy from human or obligor’s will, the occasion couldn’t be predicted or maintained a strategic distance from, the occasion made it outlandish for the obligor to do the commitment, and the obligor must not be included to disturbance of damage to the obligee.
ART 1175 -Usurious exchanges might be administered by extraordinary laws. Sum of intrigued must tolerate to the laws. In recuperation of interface, there must be a composed assention, installment of intrigued explicitly stipulated, and legal interests.
ART 1176 - There would be a assumption that an intrigued is as of now paid in case the lender gets the installment without reservation with regard to the intrigued. This is often moreover the run the show within the case of installments.
ART 1177 - Once a leaser at last gets all the rights over a property, he may presently carry the rights and obligations of the indebted individuals some time recently. For case, an loft has been sold to the bank, those who have obligations on the indebted person some time recently are presently obliged to pay for the lender. This will fulfill the creditor’s claims.
ART 1178 - In this article, it states that all rights gotten from an commitment are transmissible or transferrable unless it is denied by the law and/or precluded by the stipulation of the parties.
Cabanela, Laarni Joy
1BSA-A PNC
Thank You for this lecture, Atty.
Chapter 1: General Provisions
Article 1156 - An obligation is a juridical necessity to give do or not to do.
Obligation - one is bound to render something to another.
Juridical necessity - obligation must be fulfilled or perform otherwise there will be a corresponding penalty for non-compliance.
Different Prestations
• To Give - the delivery of something.
• To Do - the performance of an act.
• Not to Do - the prohibition not to perform a certain act.
Requisites of Obligation
1. Passive Subject - Debtor. The party which is bound to perform
2. Active Subject - Creditor. The one who is interested in the performance of Obligation.
3. Juridical Tie - Bonds or Connect parties. This is the legal relationship between the parties.
4. Object - It is the subject matter in an obligation.
Article 1157
Obligation arises from:
Law- is a rule of conduct, just an obligatory not promulgated by the competent authority for the good, observance of the common good.
Acts or Omissions Punished by Law- If you have committed or refuse to perform a certain act that is required to be done by the law then you commit a criminal offense.
Contracts- are agreement. These are covenants entered into by private individuals or between two individuals where they bind themselves based on the terms and conditions of the agreement.
Quasi-contract (Article 1160)- a Juridical relation resulting from Lawful, Unilateral and Voluntary Act.
Two Kinds of Quasi-contract
1. Negotiorum Gestio- when someone exerted efforts and spend on resources to salvage your property and important belongings.
2. Solutio Indebti - payment by mistake
Quasi-delicts (Article 1162) - damages arising from civil act which is not amounting to a crime. Cause damages to others without contract.
Requisite of Quasi-delicts
• Fault or Negligence - direct relation.
• Act or Omission - no pre-existing contract
• Damaged Cause - no pre-existing contract
Article 1158 - only those obligation which are express provided by law are demandable. If a particular act has not been ordered or has not been expressly provided by law then such obligation is not presumed to exist.
Article 1159
Contract - has the force of law as long as all the essentials’ requisites a contract is present and for its validity that is has force and effect of a law. When you say compliance in good faith in relation to contracts that means you have to perform obligation according to the terms and conditions of the contract.
Article 1161
Criminal Offenses - shall be governed by penal laws. Crime as a source of obligation is governed by criminal laws or penal laws.
Civil Liabilities
• Restitution - returning the value. You have to return the properties stolen or in case that the property is no longer available then you will just have to pay the value of the property.
• Reparation - paying damages cause. Whatever inconvenience that the commission of the crime has cost against a party.
• Indemnification - paying other damages.
Article 1163- Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care.
Article 1164-The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.
Article 1165-When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.
If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for fortuitous event until he has effected the delivery.
Article 1166-The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned.
Article 1167-If a person obliged to do something fails to do it, the same shall be executed at his cost.
This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.
Article 1168-When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Article 1169- Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.
However, the demand by the creditor shall not be necessary in order that delay may exist:
(1) When the obligation or the law expressly so declares; or
(2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or
(3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.
In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins.
Article 1170- Those who in the performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the tenor thereof, are liable for damages
Article 1171-Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.
Article 1172-Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts, according to the circumstances.
Article 1173-The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply.
If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required.
Article 1174- Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which though foreseen, were inevitable.
Article 1175-Usurious transactions shall be governed by special laws.
Article 1176- The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to the presumption that said interest has been paid.
The receipt of a later instalment of a debt without reservation as to prior instalments, shall likewise raise the presumption that such instalments have been paid.
Article 1177-The creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them.
Article 1178-Subject to the laws, all rights acquired in virtue of an obligation are transmissible, if there has been no stipulation to the contrary.
BSBA HRM 3B
After watching this video, I have learned that in Article 1156, An obligation is a juridical necessity to give, to do, or not to do. This means that you are duty bound, need to be fulfilled otherwise there will be corresponding penalty compliance. I already known the Debtor whose bound to perform an obligation and the Creditor that is interested in performance of obligation. There are two kinds of obligation such as the Real obligation means delivery of something to another person and the Personal obligation which involves rendering some services. Obligation arises from its punishment or acts.
Article 1157
In Contracts - these are the private individuals
Quasi contracts - there is no agreement but because of lawful, unilateral creates organization.
2 kinds of Quasi Contract
Negotiorum gestio - return payment
Solutio indebiti - payment by mistakes
Article 1158
Refers to there is no obligation if is not in the law.
Article 1159
Obligations arising from contracts have the force of law between the contracting parties and should have a compliance in Good Faith.
Article 1161
All criminal violation has a corresponding civil liabilities.
Article 1162
There must be direct relation or connection of cause and effect between the act or omission and the damage.
Article 1163
Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family. If no care, it will render the obligation nugatory.
Ordinary Care - it is a standard care to deliver object or thing.
Extraordinary Care - a highest standard of care.
Article 1164
Personal right - power of creditor enforceable against a particular person or passive subject.
Real Right - over a specific thing without definite passive subject.
Article 1165
General Rule - the obligation is extinguished if the things is lost due to the fortuitous event.
Article 1166
Accessions - the additions or improvements.
Accessories - things included to the principle for completion.
Article 1167
This article is all about the breach of a personal obligation.
Article 1169
No demand, No delay.
Ordinary delay - failed to perform because it is not on time to accomplish things.
Legal delay - delays that result in breach of contract.
THANK YOU AND GOD BLESS :))
Anorico, Jhemina Gwyneth N.
1BSA-B
In this video I have learnt a lot and it makes sense to me although I am new to this topic.
Atty. Narciso discussed topics about the law.
The topic started Under the Philippine Civil Code Article 1156 which is about Obligation.
An obligation is a juridical necessity to give, to do, or not to do. It also means binding or tying one person to render something to another. There is also requisites of obligation which are:
•Passive subject, the party which is bound to perform the obligation(debtor), while the •Active subject, is the party who is interested in the performance of the obligation
•Juridical Tie is a tie that binds the parties together or the connection between them or the legal relationship (ex. contract)
•Object or Subject matter where this is the thing that the obligation takes place or why the obligation happens.
ARTICLE 1157
~KINDS OF OBLIGATION
Real(to give) involves a delivery or a thing
Personal(to do or not do to) involves service
~OBLIGATION ARISES FROM
-LAW--It is said to be the rule of conduct, just(fair) and obligatory(command), promulgated(published and must know) by a competent authority for a common good and observance.
-CONTRACTS-- the meeting of the minds between two parties where in one binds himself with respect to others, to give something or to rendered service.
-QUASI-CONTRACTS-- it is a juridical relation resulting from Lawful, Unilateral and Voluntary Acts (LUV). There is no agreement and no one shall be unjustly enriched at the expense of another.
-ACT or OMISSION PUNISHED BY LAW--If you committed a crime, then you are under obligation. It also has a juridical necessity to return the property.
-QUASI-DELICTS--acts or omission by the person which cause damages to another person, property or rights arising from negligence/fault.
ARTICLE 1158
-This states that obligations derived from law are not presumed. If there are no law behind this then there are no obligation.
ARTICLE 1159
In this article there is a binding force, requirements of valid contracts, contract requires approval by the government and there is a compliance of good faith. There must be a good faith and fair dealing to prevent one party from taking unfair advantage over the other.
ARTICLE 1160(quasi-contract)
In quasi contract, there is no consent but the same applied by fiction of law so no one will be unjustly enriched or benefited at the expense of another.
ARTICLE 1161
It is the civil obligations arising from criminal offenses that shall be governed by penal laws. There is a civil liability arising from crime/delicts. Civil liabilities are payment to the person you offended while criminal liabilities are imprisonment and the fine to the criminal offenses
ARTICLE 1162 (Quasi-delicts)
In this article I learned the requisites of quasi-delicts are fault or negligence, act or omission and damage cause.
ARTICLE 1163
This is where you need to take care of the obligation that is given to you. It is an incidental duty to preserve a thing with ordinary care like a diligence of a good father of a family. If you did not take care then it rendered nogatory and the obligation will become useless.
ARTICLE 1164
In the summary of this article it is about to deliver the fruit whether it is natural,industrial or civil (kinds of fruit). It is when the owner will have the real right if the time of perfection of the contract, obligation is subject to suspensive condition, there is a contract of sale and also there is a obligation to the thing based on the law, quasi-contracts, delicts, and quasi delicts. You have perfect the contract and owns obligation by the requisites where there is a consent, object and payment of consideration.
ARTICLE 1165
In delivering a thing you have the right to demand the delivery of the thing that you owned. In specific thing, this is said to be particular or physically segregated where you can identify individually. While in Generic real obligation it cannot be force the debtor to make the delivery but can ask for the obligation, they are liable for the damages. Also if they failed to deliver it on a promise time to deliver.
ARTICLE 1166
It is where if someone give a specific thing to deliver he/she have to deliver also the accessions and accessories even though it is not mentioned. Accessions are the fruits or additions while the accessories are the things that completes the thing or included.
ARTICLE 1167
It refers to the person obliged to do, to performed an act or to render service. But the there is a failure to do the obligation or there is a breach of performance. If a person obliged to do something fails to do, it shall be executed at his cost.
ARTICLE 1168
When the duty of the obligor is to abstain from an act, the obligation here is to fulfill in not doing what is forbidden. It shall also be undone at his expense. The debtor cannot be guilty of there is a delay.
ARTICLE 1169
If there are no aggreement or demand then it is not said to be delay otherwise there is a agreement or demand from the creditor. There are 3 kinds of delay which are
•Mora solvendi(to give, to do)- the delay on the part of the debtor
•Mora Accipiendi- delay on the part of the creditor w/o justifiable reason to accept performance
•Compensatio Morae- delay of the obligors in their obligations
ARTICLE 1170
The ones who's not able to perform his/her obligations because of negligence, delays, breach,fraud and etc. will be liable for the damages and make payment for it.
ARTICLE 1171
It is where waiver which is fraud will be void. When it is in future it will be void and if it in the past and from negligence then it will be valid because it serves as an act of generousity to the part of the creditor.
ARTICLE 1172
KINDS of negligence
-Contractual negligence(culpa contractual)-negligence resulting to breach by that creditor can seek for the payment of damages
-Civil negligence(culpa aquiliana)-negligence by itself when there is no pre-existing contract it also needed a oayment of damages
- Criminal Negligence (Culpa criminal)- Commited a crime that is from negligence, there would be an imprisonment and fine
ARTICLE 1173
It is stated that if there is a negligence and the contract is silent then the diligence should be present or the diligence of a good father of a family
ARTICLE 1174
No shall be liable if the damage or obligation is undone/failed to do because of fortuitous events. If this happens obligor must not be involved or liable to the damages or injuries of the obligee
Thank you for an informative video atty. Have a nice day!
I've learned in this video are :
Article 1156
An obligation is a juridical necessity to give to do or not to do.
Obligation: one is bound to render something to another.
Juridical Necessity: means that obligation must be fulfilled or performed otherwise there will be corresponding penalty for non compliance.
Requisites of obligation:
Passive Subject- bound to perform the obligation
Active Subject- One who is interested in the performance of the obligation
Juridical Tie- legal relationship between the parties
Object- subject matter
Their are two different kinds of object
1. Real- (to give) involves delivery of something to another person
2. Personal- involves rendering some services.
Article 1158
The law can be demandable and not demandable. It means if not included to the law therefore there is no obligation.
If a crime committed there is civil liabilities:
1. Restitution- Returning the value
2. Reparation- Paying damages
3. Indemnification- Payment of damages
Article 1163
Every person is obligee to give something, is also obliged to take care of it.
°Extra ordinary care- highest standard of care
° Default care- diligence of a good father of a family
Different kinfs of fruits
1. Natural fruits- spontaneous product of soil and young of the animals; without the intervention of the human labor.
2. Industrial fruits- produced by land through human culvation or labor
3. Civil fruits- derived by virtue of juridical relation
Personal right- enforceable against a particular person
Real right- Enforceable against the world.
Accessory follow principal- Once the contract has been perfected, the obligor is now bound to deliver the fruits of principal.
Article 1165
General rule: If the thing is lost or destroyed due to fortuitous event the obligation is extinguised.
Article 1169
No demand, No delay
Ordinary delay- failure to perform on obligation on time (no punishment)
Legal delay- delay that result in breach of contract.
Article 1170
4 grounds of liability
° Fraud (decit or dolo)- deliberate or intentional evasion of the normal fulfilment of an obligation
° Negligence (fault or culpa)- voluntary act or omission, there being no bad faith or malice which prevents the normal fulfilment on obligation
° Delay (mora)-
° Contravention of the terms of the obligation covers all form of violation
MARASIGAN, ANDREI S. (BSA-2B)
I learned about the general provision under the general provision.
Law (obligation ex lege)-like the duty to pay taxes and to support one’s family.
Contracts (obligation ex contractu) - like the duty to repay a loan by virtue of an agreement.
Quasi-contracts (obligations ex quasi-contractu) - like the duty to refund an “over change” of money because of the quasi-contract of solution indebiti or “undue payment.”
Crimes or Acts of Omissions Punished by Law (obligations ex maleficio or ex delicto) - like the duty to return a stolen carabao.
Quasi-delicts or Torts- (obligation ex quasi-delicto or ex quasi-maleficio)- like the duty to repair damage due to negligence.
Obigations 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
The Negotiorum Gestio or voluntary management without consent, Solutio Indebiti or payment by mistake and to return to the owner to avoid unjust enrichment.
Sanchez, Jayshel May P.
1BSA-B
Thank you, Atty, for the discussion about General Provision. This are the things that I learned.
Article 1156.
‘An obligation is a juridical necessity to give, to do, or not to do ‘
It means someone is bound or has a duty to render something to another
- juridical necessity means that must fulfilled for non-compliance and you can legally demand for its fulfillment to the court.
Requisites of obligation
-passive subjects -who is bound to the fulfillment(debtor)
-active subjects -has the right to demand the fulfillment(creditor)
-prestation or object - prestation are the subject matters and object is refers to the property and things.
- efficient cause or juridical tie -
KINDS OF OBLOGATION
Real obligation- (to give)
Personal obligation- to do or not to do
Kinds of personal obligation -(positive or negative)
Article 1157.
Obligation arise from;
- Law
- Contracts
- Quasi-contract,
TYPES OF QUASI-CONTRACTS
1.Negotiorum Gestio -it is voluntary act without the knowledge or consent of the latter.
2. solution indebiti- received by mistake, must return to the owner
- Act or omissions punished by law
- Quasi-delicts
Article 1158.
- if such act has not been ordered by law then an obligation derived from it are not presumed.
Article 1159
-Has the force of law between the contracting parties and should be complied with a good faith
-Compliance in good faith means performance in accordance with the stipulation or terms of the contracts between the parties
Under Article 1305
A contract is a meeting of minds between to persons whereby one binds himself, with respect to the other, to give something or to render some service.
Article 1161
-Criminal offenses- shall be governed by penal laws
Criminal violations have civil liabilities includes:
Restitution-returning the value of the property
Reparation- paying damages cause
and indemnification
Article 1162
Quasi-delicts- cause damages to others without contract
•Requisites of quasi-delicts
- Fault or negligence
- Act or omissions
- Damaged cause
Article 1163
It is a obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family , unless the law or the stipulation of the parties requires another standard of care
Obligation to give a specific or determine thing.
Article 1164
To deliver the fruits of the thing
Kinds of fruits
- Natural fruits- spontaneous product of the soil or animals, without intervention of human labor
- industrial fruits- produced by land through human cultivation or human labor
- civil fruits - derived by virtue or juridical relation.
Gabarda, Danica Leene B.
1BSA-A
Pamantasan ng Cabuyao
Good day Atty., this is the summary of what I've learned in your lecture.
Under Article 1156, "An obligation is a juridical necessity to give, to do or not do to"
Obligation means you are bound t9 render something to other. When we say juridical necessity it means that obligation must be fulfilled otherwise there is a penalty for non compliance.
Different prestations:
-To give means delivery of something
-To do means the performance of an act
-Not to do means the prohibition of performance of an act
*obli not to give is not stated because it is included in obli not to do
Requisites of obligations:
-Passive subject is the party which is bound to perform an obligation
-Active subject is the one who is interested in the performance of obligation
-Juridical tie is what binds or connects the parties or the legal relationship of the parties.
-Object is the subject natter in an obli
Kind of obligation :
-Real obli consist of obligation to give. Involves delivery of something to another person
-Personal consist of obligation to do or not to do. Involves rendering some services
Article 1157
Sources of obligation
1.Law is a rule of conduct just and obligatory, promulgated by a competent authority for the observance of common good
2. Acts or omission punished by law. If you commit acts or refuse an act which is required by the law tben you commit criminal offenses which is also a source of obligation.
3.Contracts are agreements entered into by the private individuals. wherein two individuals bind themselves based on the terms and conditions of their agreement.
4.Quasi Contracts not a contract but exist a juridical relation resulting from lawful unilateral and voluntary act.
a.Negotiorium gestio. There is no prior contract or agreement. Its is a voluntary act without the knowledge or consent of the other.
b.Solutio indebiti is a payment by mistake
5.Quasi delicts are damages arising from tort or civil act which is not amounting to a crime.
Article 1158
Only those obli which are expressly provided by law are demandable which means that if a particular act has not been ordered by law or exoressly provides by law then such an obligation is not presumed to exist.
Article 1159
*Contract has the force of law as long as all requisites of a contract are present.
*Compliance in good faith in relation to contract means that you have to perform an obli according to the terms and conditions of a contract.
Article 1161
Crimes or delicts is a source of obligation governed by penal laws.
Under Article 100 of the revised penal code, all criminal violation has a corresponding civil liabilities.
*Criminal liability imprisonment or payment of fine
*Civil liability
1. Restitution means returning of propertry or return the value of property
2.Reparation is paying damaging caused
3.Imdemnification is paying for other damages.
Article 1162
Quasi delicts is damages to another person without a contract
Requisites:
1. There must be fault or negligence- dirext relation
2.There must be an act or omission - no pre existing contract
3.There must be damages caused - no prexisting contract
Article 1163
If obligation consists of delivery of specific thing then law imposes the diligence of a good father of a family.
*Diligence of a good father of a family- standard care/default care
*Extraordinary care is the higher standard of care observed by the common carriers and bank.
*Article 1163 will apply only incase the object to delivered is specific or deteminate.
2 kinds of object
a. Specific /determinate it has sufficient particularly. It cannot be substituted if lost
b.Generic / indeterminate refers to a class or genus to which it can be substituted if lost.
*Genus never perishes
*Debtor is not liable if failure to preserve the thing is due to a fortuitous event.
Exception:
If the object is generic
Article 1164
When the contract is perfected, youare obliged to deliver the fruits
Types of fruits
1.Natural fruits are spontaneous product of soil. Without the intervention of human
2.Industrial fruits are produced by land through human cultivation or labor
3.Civil fruits are derived by virtue of juridical relation
*Personal right - power of a creditor enforceble against a particular person or passive subject
*Real right is right of creditor over specific thing is without a definite passive subject. Enforrceable against the whole world.
*Accessory follows the principal
Article 1165
The general rule : if the thing is lost or destroyed due to a fortuitous event, the obligation is extinguished
The exceptions are:
1.If incurred Delay
2.Promised to deliver the same thing to 2 or more person
3.If the object is a Generic thing
Article 1166
*Accession pertains to fruits or addition or improvements
*Accessories are the things included to the principal for betteer use or completion
Article 1167
General rule: no demand no delay
The exceptions are:
1.When the obligation or law so provides
2.Time is a controlling motive. It is of the essence.
3.When demand would be useless
Delay (mora) is the failure dischargw of duty on due date and time
Distinction of delay
*Ordinary delay is when the party failed to perform an obligation on time. There is no punishment
*Legal delay is a delay that results in breach of contracts
Kinds of delay or default
1.Mora solvendi - fault of the debtor
2.Mora accipiendi - fault of the creditor
3.Compensation morae- both have incurred delay
*no delay in negative personal obligations
Grounds for liability
1.Fraud (deceit or dolo) is deliberate or intentional evasion of the nornal fulfillment of an obligation
a. Dolo causante(causal fraud) is a fraud upon perfection of the contract
b.Dolo incidente ( incidental fraud) is fraud in the performance of an obligation
2.Negligence(fault or culpa) is any voluntary act or omission, there being no malice, which prevents tge normal fulfillment of an obligation
3.Delay
4.Contravention of the terms of the obligation
Article 1171
Responsibility arising from fraud is demandable in all obligations. Any waiver off an action for future fraud is void.
Waiver for future fraud is void
Waiver for pasf fraud is valid
Article 1172
Kinds of negligence
1.Contractual negligence (culpa contractual) is a negligence in contracts resulting in their breach.
2.Civil negligence ( culpa acquillana) is a negligence which by itself is the source of an obligation between the parties not so rekated before by any ore existing contract
3.Criminal negligence (culpa criminal) is a crime committed by negligence
Lopez, Rea Mae P.
1BSA-A
In the first part which is the General Provisions, I have learned that Article 1156 an obligation is a juridical necessity to give, to do, or not to do. It says that when the debtor has an obligation he must perform or fulfilled it otherwise the creditor who is the aggrieved party can call the court of justice to enforce its fulfillment or there will be a sanction. It has four requisites that we should know which are the passive subject or the debtor who has a duty, active subject or creditor who has the right, object, or prestation the subject matter, and the juridical or legal tie which connect the debtor and creditor. There are two kinds of obligations, the real obligation which is to give, and the personal obligation which is to do or not to do. Article 1157 tells that obligations arises from law, contracts, quasi-contracts, crimes, and quasi-delicts. Article 1158 tells that legal obligations must be expressed not presumed because if it is expressed it is demandable and if it's not presumed it is not demandable. Article 1159 tells that contract is a meeting of minds between two persons that should be complied with by both parties in good faith. Article 1160 is composed of LUV (lawful, unilateral, and voluntary act), it has two kinds negotiorium gestio voluntary without consent and solutio indebiti payment by mistake. Article 1161 tells that criminal offenses shall be governed by penal laws and there would be a civil liability. Article 1162 tells of causing damages to another without contract due to negligence.
In the second part which is the Nature and Effect of Obligations, I have learned if a person is obliged to deliver a thing he is also obliged to take care of it with the diligence of a good father unless there is a stipulation of the parties requires another standard of care and it will apply only if the object of obligation is specific or determinate.
The video also discusses and the meaning of the diligence of a good father, the difference between specific and generic things, different kinds of fruits which are the natural fruits, industrial fruits, and civil fruits, the personal and real obligation, the accessions and accessories, kinds of delay. Also, it discusses that in fraud, delay, negligence, and contravention of the terms of the obligations all will have punishments or liable for damages.
Clarisse Rosal
BSA 2A
What i learned in this video are...
Article 1163 only apply to if the object to be delivered is a determinate or specific not generic or interdetermine because specic object is a particular or physical segregated others on the same class while generic refer only to a class or genus to which it pertains and cannot be pointed out with particularly.
Also that obligation must be fulfilled to avoid consequences or punishment. Obligation not to give was not included in the definition provided by law it is included on not to do.
Article 1163 has a part saying proper diligence of a good father of a family, they choose father because of roman era because only men can enter on a contract.
There is also a different kinds of fruit that you will find on article 1164 they are Natural fruits, Industrial fruits and Civil fruits. Natural fruits is a products of the soil and young products of animals, while industrial are produced by land of any cultivation or labor. Civil on the otherhand are derived by virtue of a judirical relation.
Real right vs Personal rights
Real right is the right or interest of a person over a specefic thing without a definite passive subject against whom the right person be, while personal right is about power of a person to demand from another.
In Article 1165 there are the remedies of creditor in real obligation. The specific real obligation has an obligation to deliver a determine thing. The generic real obligation has an obligation to deliver a generic thing.
In Article 1166 we tacle about accessions and accessories,
Accessions arebthe fruits of a thing ir additions to improve upon a thing, while accessories are things joined to or included with the principal thing for the latter's embellishment, better use or completion
General rule is that all accessories and accessions are considered included in obligation to deliver a determinate thing although they may not have been mentioned.
Article 1169 has this saying no demand no delay
The delay or mora is a discharged of dutt on due date or time. We have two different kinds of delat the ordinary delay and the legal delay. Ordinary delay is a merely failure to perform a obligation on time, while the legal delay is the total failure of obligation on time.
Misa, Jannah Aliah S.
1BSA-A
Pamantasan ng Cabuyao
Good day, Atty. After listening and watching your discussion, I learned a lot of things regarding Obligations.
On Article 1156, obligation is a juridical necessity, meaning, the obligation must be performed or fulfilled otherwise there is a corresponding penalty. To give is to deliver something, to do is to perform an act, and not to do is the prohibition not to perform a certain acts. Not to do also includes not to give. Real Obligation includes the prestation to give while Personal Obligation includes to do or not to do. There are requisites of obligation that if one is absent, the obligation is not effective. Those requisites are the passive subject (debtor), active subject (creditor), juridical ties, and the object.
On Article 1157, I understood where did obligation arises. It arises from Law, Acts or omission punished by law, Contracts, Quasi-contracts, and quasi-delicts. But the most common source of obligation is the law and the contracts.
Article 1158 states that if the law expressly provided the obligation, then the obligation is demandable. But if not assumed or clearly expressed, it is not demandable.
It is also important to remember the "Compliance in good faith" while performing the obligation. It is the performance or compliance according to the terms agreed by the parties.
Civil liabilities include restitution, reparation, and indemnification. Criminal offenses shall be governed by law. Every person who is criminally liable is also civilly liable.
Article 1163 is only applicable to a specific or determinate thing. It states that if you are obliged to deliver something, the law gives you an incidental duty to take care of the object property with ordinary care or diligence of a good father. It does not apply to generic thing because of the general rule, genus never perishes. The law imposed the standard of care and if the parties stipulated a delivery without any care, the obligation will be rendered nugatory. If not ordinary care, another standard of care should be demanded.
We also follow the rule "Accessory follows the principle" when delivering something. When the obligation has been perfected, the ownership is transferred from the seller to the buyer. Whatever accessory is with the principal, it should be included. You are liable to deliver the fruits as well. Fruits can be natural, industrial, and civil.
If you entered the contract and it is not been performed, you have personal right against the creditor. But if the property has been delivered to you, you have real right.
There is a general rule that says "If the things is lost or destroyed due to fortuitous event the obligation is extinguished." But the are exceptions to it. 1. Delay of the debtor, 2. The debtor promised to deliver the same thing to 2 or more persons of different interest, and 3. The object is a generic thing.
Article 1168, when the obligation consists in not doing, and the obligir does what has been forbidden him, it shall be undone at his expense. Not doing an obligation not to do is already an act of performing the obligation.
In reciprocal obligations, the moment one of the parties fulfill his obligation, delay by ither begins. No demand, no delay.
I also understood the Delay, its kinds, and its requisites. It is also important to know the 4 Grounds of Liability which are fraud, negligence, delay, and contravention of the terms of the obligation.
Art 1771. Responsibility arising from fraud is demandable in all obligations.
Art 1172. There are kinds of negligence according to source of obligation which are contractual negligence, civil negligence, and criminal negligence. An act no matter how wrongful would not amount a crime in absence of a law defining such act as a crime.
I also learned about the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims. Lastlt, all rights are transmissible except if it is prohibited by law and prohibted by the parties' stipulation.
Ma. Allysa Mae R. Paña BSA-2A
I’ve learned from this video the different articles under the Civil Code of the Philippines with regards to Obligations and Contracts. Here are some of these with their points as what I understood.
ARTICLE 1156: An obligation is a judicial necessity to give to do or not to do.
- obligation means that you are bound to render something to another. It is a judicial necessity meaning it must be fulfilled or performed otherwise there will be corresponding penalty for non-compliance.
ARTICLE 1158:
-not only those obligations which are expressly provided by law are demandable which means that if a particular act has not been ordered by law or has not been expressly provide, such obligation is not presumed to exist.
ARTICLE 1159:
-as long as the contract has all the essential requisites for its validity, it has the force of law. In case a contract is violated or breached, the aggrieved party can go to court and seek for redress.
ARTICLE 1160:
-obligation proceeded from a lawful, unilateral and voluntary act of one person giving rise to the jury decarbilation between the payer.
Cepe, Alyanna
1 BSA-A
Pamantasan ng Cabuyao
This is what I have learned from this video.
Art. 1156 means that an obligation must be performed by a person in favor of another because non-compliance of an obligation has a corresponding penalties. That is why an obligation is a juridical necessity to give, to do or not to do. Take note of the essential requisites which are passive and active subject, object or prestation and the juridical or legal tie.
Art. 1157 says that an obligation arises from; 1. Laws - where it is imposed by law itself, 2. Contracts - from the stipulation of the parties, 3. Quasi-contracts - from lawful, unilateral and voluntary acts to the end that no one shall be unfairly benefited at the expense of another, 4. Acts or ommisions punished by law - from a civil liability which is the consequence of criminal offense, and 5. Quasi-delicts - from an act or omission that causes damage to another.
Art. 1158 means that an obligation will only be demandable if it is clearly expressed or determined by the law.
Art. 1159 says that contracts have the force of law between the parties involved in a contract and should be complied with in good faith meaning that a person must perform his obligation to another based on the terms they have agreed to each other.
Art. 1160 pertains to an obligation that is derived from quasi-contracts which have a juridical relation that results to lawful, unilateral or voluntary acts to the end that no one shall be unjustly enriched or benefited at the expense of another. There is no contract involved between the parties but it will create an obligation due to mistake. The two kinds of quasi-contracts are; 1. Negotiorium Gestio means that a person managed other person's property or affair voluntarily without the consent of the latter and 2. Solutio Indebiti pertains to a juridical relation that is created when someone received something by mistake or paid by mistake.
Art. 1161 pertains to civil obligations arising from criminal offenses. It means that a person will met penalties (civil or criminal liability) if they have criminal violations. This case focuses on civil liabilities wherein there are scope that a person should do which are; 1. Restitution - returning the property stolen, 2. Reparation - paying damages caused, and 3. Indemnification for consequential damages - paying other damages.
Art. 1162 says that obligations that are derived from quasi-delicts have its requisites. There must be an act or omission, fault or negligence and damage caused. Then there must be a connection of cause and effect between an act or omission and the damage. Lastly, there must be no contractual relation exists between the parties.
Art. 1163 means that if a person have an obligation to deliver something, they should take care of it with a standard care (diligence of a good father of a family). The parties cannot agree that there will be no standard care but they can agree that there will be extraordinary care. If there is no standard of care, the obligation will be useless. This article is only effective if the thing to be delivered is specific or determinate.
Art. 1164 pertains to the creditor's right to the fruits of the thing if the time of delivery of the thing arises. There are 3 kinds of fruits which are; 1. Natural fruits - spontaneous products of the soil and young of animals without the human labor, 2. Industrial fruits - products produced by land through human labor, and 3. Civil fruits - derived ny virtue of a juridical relation.
Art. 1165 means that the creditor has a right to demand the delivery of a specific thing based on the agreement on the contract. The obligation of the debtor is extinguished in case that the thing is lost or destroyed due to fortuitous event but there are exceptions. The creditor will be held liable if the thing to be delivered is lost and destroyed but cannot proved that it is not his fault.
Art. 1166 pertains to an obligation of the debtor to deliver a determinate thing including all of its accessions and accessories. Accessions define as the fruits of the thing while accessories define as things that are attached to the thing for better use.
Art. 1167 is about a breach of a personal obligation meaning that if a person has an obligation and he did not do it, he is liable for the cost that will make because of the failure to perform an obligation.
Art. 1168 pertains to an obligation that is performed but it is not included on the terms agreed on the contract. It means that the creditor has a right to demand the debtor for the obligation not included on the contract to be undone.
In Art. 1169, "No Demand, No Delay" is a principle which means that the time to perform the obligation is not fulfilled, if there is no demand, then the person with an obligation is not delay unless it is expressly declared by law, the thing to be delivered or service to be rendered is a controlling motive or when demand would be useless when the debtor performed the obligation beyond his power. But, if both parties are delay then there would be no delay.
Art. 1170 says that a person who is bound to perform the obligation committed or guilty of fraud, negligence, delay, or contravention of the tenor of the obligation, then that person is liable for damages.
Art. 1171 means that responsibilities that arise from fraud is demandable in all obligations. The article states that in case of fraud, there will be waiver of an action but there are conditions. Waiver for future fraud will be vioded while waiver for past fraud will be valid.
Art. 1172 refers to a responsibility arising from negligence on performance of an obligation which is demandable. With that, the liability may be regulated on the court. The waiver arising from negligence is valid if the standard of care is the standard of care but the exception is if the stipulation of the parties requires another standard of care. According to the source of obligation, there are 3 kinds of negligence which are culpa contractual, culpa aquiliana, and culpa criminal.
Art. 1173 states that the negligence should be proved. If the negligence shows bad faith, the provisions of Articles 1171 and 2201, paragraph 2 will apply. The exception of the rule is if the thing is genus and the thing needs an extraordinary care.
Art. 1174 pertains to a rule that an obligor will be excused if the obligation is not performed due to fortuitous event.
Art. 1175 refers to usurious transactions or if a person receive something in excess of the amount allowed by law for the loan or credits shall be governed by special laws. The requisites of recovery of interest are if the payment of interest is expressly stipulated, there is a written agreement and the interest must be lawful.
Art. 1176 says the it is presumed that prior installments have been paid even if there is no receipts and there is later installments.
Art. 1177 states that the creditors have the right to run for the possessions of a person who has an obligation including his rights except for personal rights. There are remedies to satisfy the creditor's claims.
According to Art. 1178, all rights acquired in an obligation is transmissible except if it is prohibited by law or by the stipulation of the parties.
Nepomuceno, Ruby Mae T.
BSBA-HRM 3B
These are some key points I have learned in this video:
Article 1156 An Obligation is a juridical necessity to give, to do or not to do.
Juridical Necessity - means that obligation must be fulfilled or performed, otherwise there will be corresponding penalty for non-compliance. That Juridical necessity means that if obligation has not been performed or if the obligation has violated then it gives the aggrieved party a remedy to go to court. That means, that party can invoke the power of the court to order the other party to comply with obligation.
Requisites of Obligation
Passive subject/debtor - the party which is bound to perform the obligation
Active Subject/creditor- the party that is interested in the performance of obligation. The party who is entitled to demand the fulfullment of the obligation.
Juridical Tie- is what binds or connects the parties. The legal relationship between the parties.
Object- the subject matter in the obligation.
Kinds of Obligation:
Real Obligation- consists of an obligation to give
Personal Obligation- consists of an obligation to do, or not to do.
Obligation arises from:
Law - imposed by law
Acts or omissions punished by law - criminal offenses
Contracts - based on agreement
Quasi contracts - A juridical relation resulting from lawful, unilateral and voluntary act.
Quasi-delicts- arises from damages
2 kinds of Quasi Contract:
•Solutio Indebiti- payment by mistake. If a person made by mistake, that means, he has paid not to the person to whom the payment is due or if the payment is in excess of the amount which is due. It creates an obligation on the part of the payee to return the excess or to return the payment made by mistake.
•Negotiorum Gestio- the voluntary management of the property. There is an initiative of other party though, they do not an agreement. The law imposes an obligation on the part of the owner to reimburse the other party from expenses.
Every crime, all criminal violations has a corresponding civil liabilities, it includes:
•Restitution- returning the value
•Reparation - paying damages cause
•Idemnification - paying other damages
Quasi Delicts- cause damages to others without contract.
Article 1163: it is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure delievery of obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care.
Incidental duty- if one party is obliged to deliver a specific thing then there is an incidental duty that obligation comes with it the obligation to take of specific property, so that diligence of a good father of a family is the standard care.
Diligence of a good father -the standard care or ordinary care.
Extra ordinary care- highest standard of care observe by the common carriers and bank.
Note: the article 1163 will apply only in case that the object to be delivered is a determinate or specific object.
2 kinds of object:
•Specific/determinate - has sufficient particularity, cannot be substitute.
•Generic determinate - class or genus, can be substitute.
Article 1163 is applicable only if property involve is specific determinate because it cannot be substitute, if it has been lost. If the property is generic, it pertains to class or genus, it does not need to exercise the diligence of a good father of a family because genus does not perish.
"Debtor is not liable if failure to preserve the thing is due to a fortuitous event."
An exception of this, the law does not apply to obligations with generic thing because standard of care is useless.
Different kinds of fruits:
Natural fruits - spontaneous products of soil, and the young and other prodcuts of animals.
Industrial fruits - produced by land through human cultivation or labor.
Civil fruits- derived by virtue of juridical relation.
Meaning of personal and real right:
•Personal right- right or power of creditor enforceable against a particular person or passive subject
•Real right - right or interest of creditor over a specific thing without definite passive subject, enforced directly against the world.
"Accessory follows the principal" when the obligation has been perfected, the ownership was transferred from the seller (obligor) to buyer (obligee). Once the contract has been perfected, then the obligor is now bound to deliver the fruits of the principal case
Article 1165: Specific real obligation can demand
a. Specific performance of obligation + indemnity
b. Rescission + recovery of damage then, payment of damage
Generic real obligation
a. Can be performed by third person
b. Creditor cannot force the debtor to make the delivery, but can ask for performance of obligation
c. Can recover damage in case of breach
General rule: if thr thing is lost or destroyed due to fortuitous event, the obligation is extinguish.
Article 1166:
Accessions- fruits or additions or improvements
Accessories - things included to the principal for better use or completion
General rule: accessory follows principal.
2 distinctions (delay)
Ordinary delay- failure to perform an obligation on time
Legal delay (default) - delay that results in breach contract
Kinds of delay or default:
•Mora Solvendi- fault of debtor
•Mora Accipiendi- fault of the creditor
•Compensatio Morae- both have
PARAMBITA SHENNICA ELAH T.
(BSA-2B)
I've learned in this video that in Art. 1156 An obligation is a juridical necessity to give, to do, or not to do.
There are 4 Requisites of Obligation, those are:
Passive Subject known as the Debtor. It is also a person who is bound to the fulfillment of the obligation.
Active Subject-matter known as the Creditor. It is also a person who entitled to demand the fulfillment of an obligation.
Subject Matter- it is what the object is all about.
And last is the Juridical Tie binding the parties to an obligation.
In obligation there 2 kinds which are the Real which means to give and Personal which means to do or not to do.
Obligation arises from:
Law wherein it imposed by law, Second is Acts or Omissions punish by the Law wherein it is all about tge criminal offenses.
Contracts- meeting of minds of 2 person to perform an obligation based on agreement. Next is, Quasi-contracts wherein its juridical relation resulting from lawful, voluntary and unilateral acts. And there are 2 example of it which are the Negotiorum Gestio means voluntary business or affairs of another without consent or authority that creates an obligation. And the Solutio Indebiti which refers to payment mistakes.
And last, the Quasi-delicts wherein it has an acts or omission that cause damage to another.
Morante, Marelle
BSA 2B
I learned that:
Obligation means that one is bound to render something to another. Obligation arises because of law imposed by the government, acts caused of criminal offenses, contracts that is based on terms and conditions on the agreement, quasi-contracts that has no agreement, paid by mistake or by means of saving of property caused by natural disasters with voluntary act, quasi-delicts arises from damages.
Fajardo, Mitch Larmaine L.
BSA-2A
Here are some of the key terms I learned in this video:
The Article 1163 will apply only incase the object is Specific or Determinate. One of the reasons is that it has sufficient particularity which means it can't be substituted if it has been lost. In the side of Generic/Indeterminate, it doesn't require to exercise the diligence of a good father of a family because genus does not perish which means you can buy or replace the object if it has been lost.
There is two kinds of Quasi contracts which is the Negotiorum Gestio and Solutio Indebiti.
Negotiorum Gestio-Voluntary, with consent
Solutio Indebiti- Received by mistake, return to the owner
Personal Right Vs. Real Right
Personal Right- Enforceable against a particular person or passive subject.
Real Right- Right or interest of creditor over a specific thing without passive subject. It binds the property regardless of the person against whom it can be or enforced against.
We have two distinctions of delay:
Ordinary Delay- When the party failed to perform an obligation on time there is no punishment for this.
Legal Delay- Delay the results in breach pf contract.
Kinds of Delay or Default
1. Mora Solvendi
2. Mora Accipiendi
3. Compensatio morae
GENERAL RULE: All rights are transmissible except when it is prohibited by law or prohibited by the parties' stipulation
Juros, Princes Jean P.
BSA-2A
I've learned from this video fron Article 1156. An obligation is a juridical necessity to give, to do or not to do. Juridical necessity is a necessary to do of the Passive subject which is the obligor, it means the Passive subject who will fulfill the obligation to Active subject which is the Obligee or the who has a right to demand to fulfill the obligation. The object of the contract is what we called Prestation in otherwise to give money or to pay and last Juridical tie (Contract or Law) binds or to connect to passive and active subject.
Example:
Princess is obliged to pay her income tax.
Passive: Princess
Active: Philippine Government since they are the one who responsible to the taxes.
Prestation: To give money (to pay)
Juridical tie: Law (Tax Code)
Borromeo, Andria R. (BSA 2B)
These are the key points that I've learned from the video:
Article 1156 - An obligation is a juridical necessity to give, to do or not to do. It states that an obligation must performed otherwise there will be corresponding consequences.
An obligation not to give is not included in the article because it is already included in obligation not to do.
Requisites of Obligation
Passive subject- is the party which is bound to perform the obligation.
Active subject- the one who is interested in performance of the obligation.
Juridical tie- the one who connect the parties.
Object- subject matter.
Kinds of Obligation
Real obligation involves of delivery of something to another person. While, Personal Obligation involves rendering some service.
Obligation arises from:
Law- imposed by law.
Acts or Omissions punished by law- if you refuses to perform certain act which is required to be done by the law then you commit criminal offenses.
Contracts- based on agreement.
Quasi-contracts- is like a contract but has no agreement or prior understanding.
Quasi Delicts- these are damages arising from
torn.
Article 1158: States that if a particular act has not been ordered by law then such obligation is not presumed to exist.
Compliance in good faith means you have to perform according to the terms and condition of contracts.
All crime has corresponding civil liabilities.
Restitution- means you have to return the property stolen or if the property is considered as loss then you will just pay or return the value of the property.
Reparation- you have to pay damages that cause incovenience of other party.
Indemnification- paying other damages.
Quasi-delicts- causes damages to others without contract.
Article 1163: States that if obligation consist of delivery of specific thing then the law gives incidental duty.
Article 1163 will apply only in case that object to be delivered is specific object.
Debtor is not liable if failure to preserve the thing is due to a fortuitous event.
Exception to the law, when the obligation pertains to generic thing in which case even if object is lost then the obligor is still required to deliver the thing.
Personal right- is enforceble by against a particular person or passive subject.
Real right- is enforceable against the whole world. It binds the property regardless of the person against whom it can be enforced against.
Accessory follow the principal, means once the contract has been perfected then the obligor is now bound to deliver the fruits of the principal.
Article 1165
General rule: If the thing is lost or destroyed due to fortuitous event the obligation is extinguished.
Exemptions:
-Delay
-Promise to deliver the same to 2 or more persons of different interests
-Generic thing
Article 1169
In reciprocal obligation, you will not delay if other party is not ready to comply with his part of contract.
NO DEMAND, NO DELAY
Exceptions:
1. When the obligation or law so provides.
2. Time is a controlling motive. It is of the essence.
3. When demand would be useless.
Ordinary delay- failure to perform an obligation on time. No punishment
Legal delay- delay that results in breach of contract.
Kinds of delay
1. Mora solvendi- fault of the debtor
2. Mora accipiendi- fault of the creditor
3. Compendsatio morae- both have.
No delay in negative personal obligation.
When both parties are already in delay, there's no delay.
Article 1170
4 Ground of Liability
1. Fraud (deceit or dolo)
-Dolo causante (causal fraud) means fraud upon commencement of contract
-Dolo incidente (incident fraud) means fraud in the performance of the obligation.
2. Negligence or culpa
3. Delay or mora
4. Contravention of the terms of the obligation covers all form of violation
Article 1172
Kinds of Negligence
1. Contractual negligence (culpa contractual) - negligence in contracts resulting in their breach.
2. Civil negligence (culpa aquiliana) - negligence which itself is the source of an obligation between the parties not so related before by any pre-existing contract.
3. Criminal negligence (culpa criminal) - when crime is commited by negligence.
Dela Chica, Beniline D.
1 BSA - B
Good day, Atty. Here are my takeaways after watching this video of yours.
This video contains Articles 1156-1178.
Article 1156 defines what is an obligation. An obligation is a juridical necessity to give, to do, or not to do. It is a juridical necessity because in case of non-compliance, there will be corresponding penalties and it gives the other party a remedy to go to the court and ask the other party to comply with the obligation. This article also includes the four requisites of an obligation namely passive subject or the debtor, active subject or the creditor, object or prestation, and the juridical tie. The debtor is the one who has a duty while the creditor is the one who has a right to demand for the fulfillment of the obligation. Meanwhile, the object is the subject matter, or the prestation to give, to do, or not to do while the juridical tie is what binds or connects the parties to the obligation.
Article 1157 are the sources of obligation which includes the law, contracts, quasi-contracts, delicts or torts, and quasi-delicts.
1. Law is a rule of conduct or system of uniformity, just and obligatory, promulgated by a competent authority, and for common good and observance.
2. Contracts according to Article 1305 of this Civil Code, is a meeting of minds between two persons whereby one binds himself with respect to the other, to give something or to render some service.
3. Quasi-contract is a juridical relation resulting from lawful, unilateral, and voluntary acts (LUV) by which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of the other. A quasi-contract is a contract but not a contract. Why? Because a contract has an object, payment, and consent or a meeting of minds between two persons while quasi-contracts have only object and payment, without consent since it is a voluntary act.
In addition, Quasi-contract has two kinds: Negotiorum Gestio - voluntary act from a person, and Solutio Indebiti - payment by mistake.
4. Delicts or torts or crimes is an act or omission which are punishable by law.
5. Quasi-Delicts is an act or omission by a person which causes damage to another, in his person, property, or rights giving rise to an obligation to pay for the damage done.
Quasi-Delicts also contain requisites. It must have an act or omission, fault or negligence, damage caused, no pre-existing contractual relation between the parties, and a direct relation or connection of cause and effect between the act or omission.
In Article 1158-1162, it tackles the expanded learnings regarding the sources of obligations.
For Chapter 2 which is about the Nature and Effects of obligation with 16 Articles, from Article 1163-1178. After watching the video, I was able to distinguish the difference between a specific thing and a generic thing, the duties of the debtor to give, to do, or not to do the specific or generic thing, the rights of the creditor to the fruits if the things wherein the accessories follows the principal, different kinds of fruits, personal and real right, the remedies for different kinds of obligation in specific and generic thing, the ground for liability (fraud, delay, negligence, and contravention of the terms of obligations, the fortuitous events and the responsibility of the debtor for loss or damage object resulting from fortuitous events, the presumptions, and that all the rights are transmissible.
I would like to thank Atty. Reyes for making this kind of video. It helps me better understand what the book cannot explain clearly. That's all, thank you!
BSBA-2A
BukSU Cabanglasan Satellite Campus
I've learned that the Law of Obligations and Contracts is the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreement and particular contracts. An Obligation is a juridical necessity to give, to do or not to do. As business administration student it is essential in any businesses, contracts are important because they outline expectations for both parties, protect both parties if those expectations aren't met and lock in the price that will be paid for services.
ALA, TRIXIE KLEIN ANNE L.
1-BSA-A
Good evening Atty. Reyes, thankyou for this lecture video. I already watched all of the part of chapter 1, 2 and 3. By reading the content of the book and with the help of your lecture video I learned the different articles and their corresponding meaning such as.
Article 1156 states that, an obligation is a juridical necessity to give, to do, or not to do. An obligation is a juridical necessity because an obligation must be fulfilled or performed otherwise, there will be a corresponding penalty for non-compliance.
The absence of essential requites, the obligation will not be binding or effective between parties it should have a concurrence of the four requites
Essential requisites of obligation
a passive subject known as debtor or obligor, an active subject called creditor or obligee refers to the one who has the right to demand an obligation, an object or the subject matter and the juridical tie or the one that binds to connect the parties in an obligation.
KINDS OF OBLIGATION IN SUBJECT MATTER
REAL OBLIGATION-TO GIVE
PERSONAL OBLIGATIONE-TO DO NT TO DO.
Under article 1157, it states where the obligation arises from. Obligation arises from the law, contracts, quasi-contracts, acts or omission punished by law, and quasi-delicts. I will discuss each in the next articles
Article 1158, states that if a law is assumed then it is demandable. If the law is not assumed, then it is not demandable. Meaning, if a particular act has not been ordered by law or has not been expressly provided by law then the obligation is not presumed to exist. Law does not required obligation to be in any form to be validity except for the contracts that needed written
Ex. obligation to pay taxes according to Article 1158 the obligation imposed by law must be expressly provided by law otherwise we cannot presume that there are obligation.
In the absence of clear provision of law there is no obligation if law does not provide that obligation
There are special law that not contained in the civil code such as Corporation code, insurance law and labor code. It is regulated by the provision that establish them.
In article 1159, it discusses the obligation arising from contracts have force of law between contracting parties and complied w/ in good faith
Contract according to article 1305 of civil code is defined as a meeting of minds between two persons whereby one bind himself, with respect to other, to give something or to render some service.
Contract is the law between parties. Contract has the force of law. Contract should not run contrary to the constitutional and statute
BINDING FORCE-obligation arises from contract has force of law between two parties
BREACH OF CONTRACT-Failure or refusal to comply
Compliance in good faith- -compliance in accordance to stipulation of a contract or agreement
There are three essential requisites of contract the COC( Consent, Object and Cause or consideration)
An obligation derived from quasi-contracts is mentioned in article 1160. Wherein quasi-contracts refer to juridical relation resulting from lawful, unilateral, and voluntary acts by virtue (LUV).
Quasi-contracts have two kinds, which are negotiorum gestio pertains to the voluntary management of the property or affairs of another without the consent of the latter, and the solutio indebiti which refers to the payment by mistake.
In article 1161, it talks about the civil obligations arising from criminal offenses which shall be governed by penal laws. It also includes civil liabilities.
Art 100 or revise penal code
Every person criminally liable is also civil liable for damages except in crimes with no material damage.
Ex. violation of comprehension dangerous drug act he is criminally liable, but you do not have civil liability.
Scope of 1161
1. Restitution or returning the value. 2. Reparation or paying damages for whatever crime has been caused. 3. Indemnification or paying for other damages.
Article 1162 explains the obligations derived from quasi-delicts. In which quasi-delicts define as an act or omission by a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for damage done, there being fault of negligence but there is no pre-existing contractual relation between the parties
REQUISITS OF QUASI DELICTS
1.there must be an act or omission
2. there must be fault or negligence
3. there must be damaged cause
4. there must be a direct relation or connection or cause and effect between act or omission and damage
5. there is no contractual relation between parties.
Nature and effect of obligation in chapter two start at article 1163
According to article 1163, Every person obliged to give something, is also obliged to take care of it with proper diligence of a good father of a family , unless the law or the stipulation of parties requires another standard of care.
Diligence of a good father is the standard of care, but it is not just the standard of care there is also extra ordinary care which is the highest standard of care observed by the common carriers like our public transportation vehicle such as jeepney and bus.
There are two kind of things the specific and generic thing
Specific or determinate- a thing that physically segregated others of the same class and it cannot be substituted like 100-peso bill with a serial number in it
Generic or indeterminate -refers to a class or genus which it pertains to, and it cannot be pointed out with particularity. It can be substituted like an Iphone12
Duties of debtor in an obligation to give or to deliver a specific or determinate thing
1. Preserve the thing
2. To deliver the fruits of the thing
3. Deliver the accession and accessories
4. Deliver the thing itself
5. Answer for the damages in case of non-fulfillment or breach
DUTIES OF DEBTOR IN OBLIGATION TO GIVE / to deliver generic thing
1. To deliver the thing w/c is of the quality intended by the parties
2. To be liable for damages incase of fraud, negligence, delay or contravention of the tenor thereof
Article 1164, The creditor has the right to the fruit of the thing from the time the obligation to delivery arises. However, he shall acquire no real right over until the same has been delivered to him
There are three different kinds of fruits:
1.Natural fruits- spontaneously products of soil and young of animals, without the intervention of human labor
2.Industrial fruits- fruit produced by land through human intervention, cultivation, or labor.
3.Civil fruits- derived by virtue of juridical relation
RIGHTS OF THE CREDITOR TO THE FRUIT (specific real obligation)
The creditor is entitled to the fruit of the thing to be delivered from the time the obligation to make deliver arises.
GENERALLY, the right arises from the time the contract is perfected.
Unless the obligation is subject to a suspensive condition or suspensive period
It suspends the obligation to deliver
Ownership is acquired by delivery
either actual or constructive delivery
Actual delivery-ex. Lazada, Shopee
Constructive delivery- ex house and lot, car
Personal right has a definite active and passive subject in real right there is only definite active subject
“Accessory always follows the principal” It means that once the contract has been perfected the debtor is now bound to deliver the principal with the accessory if ever that there is an accessory.
There are also 3 essential requisites on the perfection of contracts under article 1164, these are consent, object, and payment of consideration.
ARTICLE 1165
Remedies of creditor in real obligation
Specific real obligation can demand
o Demand specific performance with a right to indemnity for damages
o Demand rescission or cancelation of obligation with a right to recover damages
o Demand payment of damages I only where it is only feasible remedy
REMEDIES OF THE CREDITOR ARE IN THE ALTERNATIVE AND NOT COMMULATIVE
OBLIGATION TO DELIVER A GENERIC THING
REMEDIES OF THE CREDITOR in Generic real obligation
A third person can perform it
If the obligor delays or has promised the same thing to two or more persons who do not have the same interest
If there is fortuitous event generally a debtor is exempted from liability if his noncompliance is due to a fortuitous event
ART 1165 par 3 has 2 exceptions to the general rule
1. When obligor delays in the delivery
2. When the obligor has promised to deliver the same specific thing to two or more persons having different interest. He would still be liable
ARTICLE 1166-
THE OBLIGATION TO GIVE A DETERMINATE THING INCLUDES THAT OF DELIVERING ALL ITS ACCESSIONS AND ACCESSORIES even though they may not have been mentioned
Accession- are fruits of or addition to or improvements upon the principal thing.
EXCLUSION OF ACCESSION IS THE EXEPTION AND NOT THE GENERAL RULE
Accessories-things joined to the principal thing for the latter’s better use or completion.
Right of creditor in accession and accessories
General rule, all accession and accessories are considered included in obligation to deliver determinate thing although they may not be mentioned this is based on ACCESORY FOLLOWS THE PRINCIPAL
ARTICLE 1167
If a person obliged to do something fails to do it same shall be executed
PERSONAL OBLIGATION/POSITIVE
Contemplated 3 situations
1.Debtor fails to perform an obligation to do
2. debtor perform an obligation to but contrary to the terms
3. debtor perform an obligation to do but in poor manner.
REMEDIES OF CREDITOR in positive personal obligation
1.If debtor fails to comply with his obligations to do the creditor has the right to
a. To have obligation performed by himself or by another unless personal consideration are involved at debtor expense
b. To recover damages (1170)
2.in case the obligation is done in contravention of term of the same or poorly done, it may be ordered that it be undone if it is still possible to undone what is done
In 1167 there is a remedy on the part of creditor to let the obligation be done by 3rd person but in 1165 creditor has option to compel the debtor to deliver what has been promise
A specific performance cannot be ordered in personal obligation to do because this may amount to involuntary servitude w/c is a rule prohibited under our constitution ART 3 SEC.18 PAR 2
In personal obligation to do specific performance cannot be ordered because it is contrary to what the constitution provides.
The personal qualification of the debtor is the determining motive for the obligation contracted
The performance of the same would be impossible or would result to be so different that the obligation could not be considered performed.
ARTICLE 1168
When obligation consist of not doing and the obligor does what has been forbidden for him it shall be also undone at his expense
Remedies of creditor in negative personal obligation
Obligation is fulfilled in not doing what is forbidden this kind of obligation the debtor cannot be guilty of delay
ARTICLE 1169
Those obliged to deliver or to do something in delay from the time the obligee judicially or extrajudicially demands from the fulfillment of their obligation.
However, the demand by the creditor shall not be necessary in order that delay may exist
KIND OF DELAY
Ordinary delay- merely failure to perform an obligation on time
Legal delay/default/ mora- failure to perform obligation on time w/c failure constitutes a breach of the obligation.
Different kind of delay/default/ mora
1. MORA SOLVENDI- Delay on the part of debtor (to give, to do)
2. MORA ACCIPIENDI- delay on the part of creditor to accept performance of obligation
3. COMPENSATIO MORAE- delay of the obligor in reciprocal obligation like in sale
REQUISITES of delay by debtor
3 conditions must be present before mora solvendi can exist its effect may arise
1.failure of debtor to perform positive obligation on the date agreed upon
2.demand must be made by creditor to comply with his obligation either juridical (complaints files in court) and extra judicial demand (complaints made outside court, orally or in writing)
3. failure of debtor to comply such demand
the three requisites presupposes that the obligation is due and demandable at it is already liquidated for the delay to actually set in
there is no delay if the obligation is not yet demandable or due
ARTICLE 1170
1170 pertain to incidental fraud
GROUND FOR LIABILITY
Fraud- deliberate or intentional evasion of the normal fulfillment of an obligation.
Casual fraud
Employed at the execution of a contract under 1338
CONTRACT IS VOIDABLE WHEN CAUSAL FRAUD EXISTED VITIATING CONSENT
NEGLIGENCE- any voluntary act or omission there being no malice which prevent the normal fulfillment of an obligation
DELAY(MORA) ART 1169-determine commencement of delay
CONTRAVENTION OF THE TERM OF THE OBLIGATION- Violation of terms and condition stipulated in the obligation. Contravention must not be due to fortuitous event
ARTICLE 1171
PERTAINS TO INCIDENTAL FRAUD
RESPONSIBILITY ARISING FROM FRAUD IS DEMANDABLE IN ALL OBLIGATION. ANY WAIVER OF ACTION FOR FUTURE FRAUD IS VOID.
Responsibility arising from fraud can be demanded with respect to all kind of obligation. Negligence-not all time are demandable
*This is because fraud is considered serious that its employment to avoid fulfillment of one’s obligation should be discourages*
WAIVER OF ACTION FOR FUTURE FRAUD IS VOID
WAIVER OF ACTION FOR PAST FRAUD IS VALID
WAIVER OF PAST FRAUD IS CONSIDERED AS AN ACT OF GENEROSITY AND MAGNANIMITY ON THE PART OF THE VICTIM
ARTICLE 1172 (negligence)
Responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be regulated by the courts according to the circumstances
KIND OF NEGLIGENCE ACCORDING TO SOURCE OF OBLIGATION
1. CONTRACTUAL NEGLIGENCE (CULPA CONTRACTUAL)- Negligence in contract resulting to breach (under 1172)
Contractual Negligence is not a source of obligation CONTRACT is the source.
2. CIVIL NEGLIGENCE (CULPA AQUILIANA)
Negligence w/c by itself a source of obligation between the parties not so related before by any pre-existing contract ( QUASI-DELICTS)
3. CRIMINAL NEGLIGENCE/CULPA CRIMINAL
Negligence resulting in commission of a crime
In negligence cases the aggrieve party may choose between CRIMINAL ACTION UNDER ART.100 OF REVISED PENAL CODE OR CIVIL ACTION FOR DAMAGES UNDER ART 2176 OF THE NEW CIVIL CODE
*UNDER ARTICLE 1277 THE CIVIL CODE PROHIBITED TO RECOVER TWICE FOR THE SAME NEGLIGENCE ACT*
Pamplona, Maynalyn Y.
1BSA-A
After I watched this video, it helps me to understand the lesson. And here are what I have learned.
-According to Article 1156, an obligation is a juridical necessity to give, to do, or not to do. An obligation is a juridical necessity because it must be fulfilled or performed otherwise, there will be a corresponding penalty for non-compliance. It also has essential requisites which are, a passive subject known as debtor or obligor or the doer of the obligation, an active subject called creditor or obligee refers to the one who has the right to demand an obligation, an object or the subject matter and the juridical tie or the one that binds o connect the parties in an obligation. Moving forward to article 1157, it states where the obligation arises from. It arises from the law, contracts, quasi-contracts, acts or omission punished by law, and quasi-delicts. Article 1158, states that if a law is assumed then it is demandable. If the law is not assumed then it is not demandable. Meaning, if a particular act has not been ordered by law or has not been expressly provided by law then the obligation is not presumed to exist. In article 1159, it discusses the obligation arising from contracts. And which contract is defined as a meeting of minds between two persons whereby one bind himself, with respect to other, to give something or to render some service. An obligation derived from quasi-contracts is mentioned in article 1160. Wherein quasi-contracts refer to juridical relation resulting from lawful, unilateral, and voluntary acts by virtue. It has two kinds, which are negotiorum gestio pertains to the voluntary management of the property or affairs of another without the consent of the latter, and the solutio indebiti which refers to the payment by mistake. In article 1161, it talks about the civil obligations arising from criminal offenses which shall be governed by penal laws. It also includes civil liabilities. (1) Restitution or returning the value. (2)Reparation or paying damages for whatever crime has been caused. (3)Indemnification or paying for other damages. In article 1162, explains the obligations derived from quasi-delicts. In which quasi-delicts define as an act or omission by a person which causes damage to another in his person, property, or rights giving rise to an obligation to pay for damage done, there being fault of negligence but there is no pre-existing contractual relation between the parties.
In the second part of the video, I learned about the nature and effect of obligations. Article 1163 states that every person is obliged to give something is also obliged to care of it with the proper diligence of a good father of a family unless the law or the stipulation of the parties requires another standard of care. Meaning you should take care of the thing before it will be an obligation because if there is no care then it will become nugatory. It will not create a juridical necessity to deliver the object. Article 1163 only applies in the case that the object delivers is determinate or specific. It will not apply when the thing is generic or indeterminate. Article 1164 explains that the creditor has the right to the fruits. In which there are 3 kinds of fruits(natural, industrial, and civil fruits). According to article 1165, as a general rule, if the thing is lost due to a fortuitous event, the obligation is extinguished. However, there are exceptions. (1)If the debtor has incurred delay. (2) If the debtor promise to delivers the same to 2 or more persons of different interests. (3)If the object is a generic thing. Article 1166 discuss accessions that pertain to fruits, or additions, or improvements. On the other hand, accessories are things included in the principal for better use or completion. Article 1167 is an article about the breach of personal obligation as well as the remedies of the creditor for non-compliance of the debtor. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone to his expense which discusses in article 1168. "No demand, no delay" explains in article 1169. Meaning, you cannot be delayed if one party is not ready to comply with his part of the contract. However, there are exceptions. It is when the obligation or law so provided. When time is controlling motives. And, when demand would be useless. I also noted that there is no delay in negative personal obligations. Article 1170 discusses the four grounds of liability. (1)Fraud. (2)Negligence. (3) Delay. (4)Contravention of the terms of obligation-cover all forms of violation. Article 1171, responsibility arising from fraud is demandable in all obligations. Any waiver of action for future fraud is void while waiver of past fraud is valid because it acts of generosity and magnanimity from the part of the creditor. According to article 1172, there are three kinds of negligence. The contractual negligence pertains to the negligence contract resulting in their breach. Civil negligence - negligence which by itself is the source of an obligation between parties not so related before by any pre-existing contract. The last, criminal negligence, or the crime committed by negligence. In Article 1173 it must be shown that there was negligence. There are many variables to consider when deciding negligence, including the extent of the duty, the person's circumstances, the time, and the place. According to Article 1174, if an obligation is breached due to accidental or fortuitous circumstances, no one is responsible. Acts of man, such as theft and violence, are distinct from acts of God, such as natural disasters.Usurious transactions are regulated by special rules, according to Article 1175. The amount of interest must be in accordance with the rules. There must be a written agreement, payment of interest that is specifically stipulated, and lawful interests in order to recover interests. In article 1176, If the borrower collects the payment without reservation with regard to the interest, there is a presumption that interest has already been paid which has been stated in Article 1177. Lastly, according to Article 1178, if there is no stipulation to the contrary, all rights gained as a result of an obligation are transmissible.
Thank you!
Sabiaga, Judith C.
HRM - 3B
This is what I've learned after watching this video:
Under Article 1156
An obligation is juridical necessity to give, to do, or not to do. Manresa, a Spanish comentator in Civil Law, defines an obligation as the legal relation between one party and another, the latter is bound to the fulfillment of a prestation which the former may demand on him.
Requisites of Obligation
- Active Subject - the person who is entitled to demand the fulfillment of an obligation.
- Passive Subject - the person who is bound to the fulfillment of an obligation.
- Efficient Cause - the legal tie which binds the parties to the obligations; otherwise known as juridical tie or vinculum juris.
Article 1157
Obligation arise from:
1.) Law - wherein they are imposed by law itself.
2.) Contracts - when they arise from the stipulations of the parties.
3.) Quasi-contracts - when they arise from lawful, voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another.
4.) Act or omission punishable by law - when they arise from civil liability which is the consequences of a criminal offense.
5.) Quasi-delicts - when they arise from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exist between the parties.
Article 1158 refers to the legal obligations or obligations imposed by specific provisions of law, which means that obligations arising from law are not presumed and that to be demandable must be clearly provided for, expressly in the law.
Article 1163 Every person obliged to give something is also obliged to take care of it with proper deligence of a good father of a family unless the law or the stipulation of the parties requires another standard of care.
Conta, Emmanuel P.
1BSA-A
Thank you, Atty for the discussion about General Provision.
Article 1156
states “An obligation is a juridical necessity to give, to do or not to do.”
Obligation means tying or binding, meaning a person is bound to render something to another person and also it is a juridical necessity.
Juridical necessity in case of non-compliance, the aggrieved party has a remedy to enforce the fulfillment of the obligation to the court.
Requisites of Obligation
Passive subject (debtor, obligor)- bound to fulfillment of the obligation
Active subject (creditor, obligee) - entitled to demand the fulfillment of the obligation
Juridical tie - it binds the party
Object- subject matter of the obligation
Kinds of Obligation
Real - involves delivery of a thing to the oblige
Personal - involves rendering an act to be done or not to be done
Article 1157
Sources of Obligation:
Law - when imposed by law itself
Contract - when based on agreement
Quasi-Contract - it is a juridical relation arises from lawful, unilateral, and voluntary act or what Atty. Reyes called as LUV
Acts or Omissions punished by Law - when arises from criminal offenses
Quasi- Delict - when arises from damages
Article 1158
Says that obligations that are expressly provided by law are demandable meaning that if a particular act has not been ordered by law then it is not presumed to exist.
Article 1159
Contract has the force of law as long as all the essential elements of the contract are present for it to be valid. If the contract is violated, the aggrieved party can go to court and seek for redress of his grievances. Also, compliance in good faith means that performing an obligation should be in accordance to the terms and conditions of the contract.
Article 1160
2 kinds of Quasi-Contract
Negotiorum Gestio - voluntary without consent.
Solution Indebiti - received by mistake, return to the owner
Article 1161
Crime as a source of obligation is governed by criminal laws or penal laws. Under Article 100 of the Revised Penal Code every crime or criminal violations has corresponding civil liabilities which includes Restitution (returning the value), Reparation (paying damages cause), and Indemnification (paying other damages)
Article 1162
Requisites of Quasi-Delict are:
• There must be fault or negligence
• There must be act or omissions
• There must be damage caused
• There must be direct relation between act or omission to the damage
• There must be no pre-existing contract
The differences of crimes and quasi-delicts were also distinguished.
Article 1163
Diligence of a good father of a family, it is the standard care or default care, while extraordinary diligence is the highest standard of care observed by common carriers and banks. Good father of a family is used because it is borrowed from the Roman Law concept. In this article the two kinds of objects were also discussed:
Determinate/Specific- Cannot be substituted
Indeterminate/Generic- Can be substituted
Genus never perishes.
Article 1164
Different kinds of fruits:
Natural Fruits- spontaneous products of the soil and the young of animals; without human intervention
Industrial Fruits - produced by land through human cultivation
Civil Fruits - derived by virtue of juridical relation like payment of rent
Personal Right - right or power of the creditor which is enforceable against particular person or passive subject
Real Right - is when a right or interest over specific thing is without definite passive subject, it is enforceable against the whole world.
Accessory follows the principal
The ownership only transferred from the seller to buyer when the obligation has been perfected.
3 essential Requisites on the perfection of the contract
1. Consent
2. Object
3. Payment of Consideration
Article 1165
General Rule: If the thing is lost or destroyed due to fortuitous event the obligation is extinguished.
But there are exceptions:
1. Delay
2. Promise to deliver the same to 2 or more persons of different interests
3. Generic thing
Article 1166
Accessions - Fruits or additions or improvement
Accessories - Things included to the principal for better use or completion
Article 1167
It is about the breach of personal obligation. What would be the remedy if the personal obligation is breached:
Specific Performance is not applicable since it is violative against the constitutional right
Obligations not to do and the obligor does it the creditor may have it undone at the expense of the debtor
Article 1168
When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.
Article 1169
States that in reciprocal obligations neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other party begins.
No Demand, No Delay
Exceptions:
1. When the obligation or law so provides
2. Time is a controlling motive. It is of the essence
3. When demand would be useless
Delay (mora) - failure discharge of duty on due date and time
Two distinctions of delay (mora)
1. Ordinary Delay - failure to perform an obligation on time. No punishment
2. Legal Delay - delay that results in breach of contract
Kind of Delay or Fault
1. Mora Solvendi - fault of the debtor
2. Mora Accipiendi - fault of creditor
3. Compensatio Morae - both have
No delay in negative personal obligations
When both parties are already in delay, there is no delay
Article 1170
4 grounds of liability
1. Fraud (deceit or dolo) - deliberate evasion of normal fulfillment of an obligation
a. Dolo causante (causal fraud) - Fraud upon perfection of the contract
b. Dolo incidente (incidental fraud) - Fraud in the performance of the obligation
2. Negligence (fault or culpa) - voluntary act or omission, there being no bad faith or malice, which prevents the normal fulfilment of an obligation
3. Delay (mora)
4. Contravention of the terms of the obligation
Article 1171
Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void while waiver for past fraud is valid because it serves as an act of generosity and magnanimity from the part of the creditor. And waiver arising from negligence is valid when the standard of card is the ordinary care or the proper diligence of a good father of a family.
Article 1172
Kinds of negligence
1. Contractual Negligence (culpa contractual) - negligence in contract resulting in their breach.
2. Civil Negligence (culpa aquiliana) - negligence which by itself is the source of an obligation between the parties not so related before by any pre-existing contract
3. Criminal Negligence (culpa criminal) - crime committed by negligence
Negligence is an act no matter how wrongful would not amount a crime in absence of a law defining such act as a crime
Article 1173
If the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required.
Article 1174
General Rule: Obligation is extinguished if the loss of the thing is due to a fortuitous event
Article 1175
Requisites of recovery of interest:
1. Payment of interest is expressly stipulated
2. Written agreement
3. The interest must be lawful
Article 1176
It is presumed that the prior installments are already paid even without its receipts even there are later installments
Article 1177
Remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims:
1. Exact fulfillment with right to damages
2. Pursue the debtor’s leviable property
Article 1178
General Rule: All rights are transmissible
Except: Prohibited by law
Prohibited by the parties’ stipulation
What I learned after I watch the video
*Article 1156 - An obligation is a juridical necessity to give to do or not to do
•Obligation - One is bound to render something to another.
•Juridical Necessity - means obligation must be fullfilled.
•To give - The delivery of something
•To do - The performance of an act
•Not to do - Prohibition not to perform a certain act.
*Requisites of obligation*
•Passive subject (Debtor -person bound to perfrom obligation)
•Active subject (Creditor -The one interested in the performance)
•Juridical tie (Binds to connect parties )
•Object (Subject matter)
*Article 1157
•Law
•Acts or immision punished by law(criminal offenses)
•contracts (based on agreement)
•quasi contracts (a Juridical relation, resulting from LUV)
*Article 1158
•Assumed/ Expressed (Demandable
•Not assumed (not demandable)
*Article 1159
Contract
•Has its force of law
•All essential elements are present
•Breach of contract/violation
*Aricle 1160
Two kinds of quasi contracts
•Negotiorum Gestio -Voluntary without concent
•Solutio Indebiti -Received by mistake, return to the owner
*Aricle 1161
Civil liabilities
Restituion - returning the value
Reparation- paying damanges
Indemnification- paying other damages
*Article 100 of the revised penal code
-every crime all criminal violation has a corresponding civil liabilities
•criminal liability- pertaining to imprisoned men also pertain to the payment of fine.
•civil liabilities- it can ve in the form of restitution,return the property stolen.
*Article 1162
Requisites of quasi delicts
•fault or negligence - direct relation
•act or omission -no pre existing contract
•damaged caused - no pre existing contract
Chapter 2
*Article 1163 - it is ancidental duty to preserve a thing with ordinary care
(diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor futhermore, parties can stipulate another standard of care.
•Good father- Roman law concept during the time only in the roman impire only man can enter into an contract in the society.
•Incidental duty- obliged to deliver specific thing
•extra ordinary care - highest standard of care observed by the common carriers and bank.
*Article 1164
Different kind of fruit
Natural fruits, industrual fruits, civil fruits
•personal right
•real right
3 essential realistic on the perfection of the contract
1.consent
2.object
3.payment of consideration
*Article 1165
A. specific performance of obligation + indemnity
B. recission + recovery of damage
C. payment of damage
*Article 1166
•Accessions
Frutis of additions or improvements
•Accessories
Things included to the principal for better us or completion
*Article 1167
•Specific performance is not applicable since this would be violate of the debtor constitutional right againts involuntary servitude.
•Obligation not to do and the obligator does it the creditor may have it undone at the expense of the debtor.
Liza Ann Marie A. Germones
HRM 3B
JIMENEZ, JOYCE ANNE
BSA-2B
I learned in Article 1156: An obligation is a juridical necessity to give, to do or not to do. It means that the Debtor or the person who is bound to performed an obligation and the Creditor or the person who is interested in the performance of obligation are bind together through a juridical tie. It means that if the debtor does not comply with the obligation, the debtor will have to face a corresponding penalties. But according to article 1158: if the obligation or act is not assumed or not expressed in law, then the said obligation are not pressumed to exist.
I also learned about Quasi-contracts, it does not have an agreement but exist through a juridical relations resulting from lawful, unilateral and voluntary act. There are two kinds of quasi- contract, the first one is Solutio indebiti, it means that if one person paid by mistake, then these create an obligation on the part of payee to return the payment made by mistake. The second one is Negotiorum gestio, it is when someone voluntary act for your benefit there creates an obligation to you to reimburse the expenses the person use for your benefit.
Garcia, Pamela Eunice S.
BSA - 2B
There 2 articles that stock in my mind, and they are Article 1162 and Article 1164.
Article 1162
Comparison between and crime and quasi-delicts. A crime may involved a malicious intention while quasi-delicts is from the negligence. And also Crime is the partner of criminal and civil liable while quasi-delicts only partners with civil liable.
Article 1164
The most important thing i learned from this article is the civil law principle. Accessory follows the principal because when the obligation has been perfected, the ownership waa transferred from the seller to the buyer. And the example about the female dog and its puppy is very easy to understand.
There are also three kinds of fruits and they are natural, industrial, civil fruits that we need to understand their differences.
Patricia Jhoana R. Pedrigosa
1BSA-B
I've learned that Article 1156 defines what obligation is. "An obligation is a juridical necessity to give, to do or not to do". There are 4 requisites of an obligatuon which is the Passive, Active, Juridical tie and object. There are aloso two kind of obligation, which is the Real (to give) and Personal (it can be positive or to do and negative or not to do)
Article 1157 states that Obligations arises from law, contracts, quasi-contructs, acts or ommision punished by law and quasi delicts. These sources are came from different article. Such as 1158 says that obligations derived from law are not presumed. It means that obligation must be expressly provided by law otherwise we cannot presume. Article 1159 says that contract is the meeting of minds between two parties were in one bind himself with respect to the other to give something or to render some service. There are three essential requisites of contract which is consent, object, and cause or consideration. Article 1160 tells about obligations derived from quasi-contract. It says that quasi-contract is arises from LUV or Lawful, Unilateral and Voluntary act. There are two types of quasi-contract, Negotiorum Gestio and Solution Indebiti. On Article 1161, it is the obligation arises from criminal offenses. It says here that a person that is criminally liable is also civilly liable. Article 1162 are obligations arising fron quasi-delicts or torts. It states there the differences between crimes and quasi delicts.
Also these are some key points for the next articles I've learned:
°Specific/determinate has sufficient particularly while Generic/indeterminate is a class or genus
°Fortuitous events are not forceable or forceable but inevitable (exemption: generic things)
°Genus nunquam perit or genus never perishes
°There are 3 kinds of fruit; Natural, Industrial and Civil
°Personal right is the right against a particular person while real right is the right against the world
°General rule: Accessory follows the principal
°"No demand, no delay" Except: 1) When the law so provides 2) Time is of the essence 3) When demand would be useless
°Delay(mora) - failure discharge of duty on due date and time. It has two distinctions: Ordinary and Legal delay
°Kinds of delay: Mora Solvendi(fault of debtor), Mora Accipiendi(fault of the creditor), and Compensatio Morae(both have fault)
°Fraud (decit/dolo) is an intentional evasion of the normal fulfillment of an obligation
°Waiver for the future fraud is void but waive for the past fraud is valid
°Only incidental fraud is demandable
°Negligence (fault or culpa) is the voluntary act/ omission without bad faithor malice
°There are 3 kinds of negligence: Contractual, Civil and Criminal
°If the contract is silent the diligence which is to be observed in the performance that which is expected of a good father of a family shall be required, except the things is genus or the thing needs an extraordinary care
°Central Bank Circular No. 799 states that if there is no stipulation, the interest would be 6%
°Central Bank Circular No. 905 states that it is free to stipulate any amount of interest as long as it is considered "iniquitous or unconscionable
Thank you Atty. 😊