Law on Obligations- Chapter 1

Summary

This lecture on 'Law on Obligations' delves into the foundational aspects of obligations as defined by the Civil Code of the Philippines. It distinguishes between civil and natural obligations, emphasizing the juridical necessity of the former and the ethical basis of the latter. The lecture outlines essential elements of an obligation, such as the passive and active subjects, the object or prestation, and the legal tie. It also explores the forms and kinds of obligations, including real and personal obligations, and their sources, like law, contracts, quasi-contracts, and torts. The discussion highlights the importance of understanding obligations for legal and business applications.

Takeaways

• 📚 The lecture introduces the concept of 'obligation' in law, as defined by Article 1156 of the Civil Code of the Philippines, which includes the necessity to give, do, or not to do something.
• 👨‍⚖️ 'Juridical necessity' implies that if an obligation is not fulfilled, legal action may be taken, distinguishing it from moral or social expectations.
• 🤝 Civil obligations allow for enforcement through the courts, while natural obligations are based on principles of equity and natural law without enforceability.
• 💼 The lecture differentiates between 'active subjects' (creditors or obligees) and 'passive subjects' (debtors or obligors) in the context of obligations.
• 🔑 Essential elements of an obligation include the passive subject, active subject, object or prestation, and the legal tie that binds the parties.
• 📈 The lecture explains reciprocal obligations where each party is both a debtor and a creditor, exemplified by a contract of sale.
• 📑 Forms of obligations can be oral or written, and they may arise from various sources such as law, contracts, quasi-contracts, crimes, and quasi-delicts.
• 🏛️ The source 'law' refers to obligations mandated by statutes, like paying taxes or caring for one's children.
• 🤝 'Contracts' are agreements between two or more parties that create obligations, provided they are lawful and consensual.
• 🔄 'Quasi-contracts' are not based on consent but are recognized by law to prevent unjust enrichment, such as when someone manages another's affairs without their knowledge.
• 🚫 'Crimes' and 'quasi-delicts' are actions that are punishable by law and can result in obligations to compensate for damages or return stolen property.

Q & A

What is the definition of an obligation according to Article 1156 of the Civil Code of the Philippines?

An obligation is defined as a juridical necessity to give, to do, or not to do.

What is the difference between a civil obligation and a natural obligation?

A civil obligation gives the creditor or obligee the right to enforce performance, while a natural obligation is based on equity and natural law and does not provide a right of action.

What are the essential requisites of an obligation?

The essential requisites of an obligation include a passive subject (the obligor), an active subject (the creditor or obligee), and the object or prestation (the subject matter of the obligation).

What is a reciprocal obligation and provide an example?

A reciprocal obligation is where the parties are reciprocally debtors and creditors of each other. An example is a contract of sale where one party is obligated to deliver the item being sold, and the other is obligated to pay for it.

What are the forms of obligations?

The forms of obligations can be oral or in writing, and they are the manner in which the obligation is manifested.

What is a real obligation and provide an example?

A real obligation is an obligation to give, such as delivering a fruit basket or 10 sacks of rice.

What is a personal obligation and how does it differ from a real obligation?

A personal obligation is an obligation to do or not to do, which contrasts with a real obligation that involves giving something. Examples of personal obligations include positive obligations like rendering services, and negative obligations like not selling property within a certain period.

What are the sources of obligations according to the mnemonic LC QAQ?

The sources of obligations are Law, Contracts, Quasi-contracts, Acts or omissions punishable by law, and Quasi-delicts.

Can a single person enter into a contract by himself?

No, a contract requires at least two parties. A single person cannot enter into a contract with himself alone.

What is the difference between a quasi-contract and a regular contract?

A quasi-contract, unlike a regular contract, does not require consent. It results from unilateral acts which are lawful and voluntary and is meant to prevent unjust enrichment.

What are the kinds of quasi-delicts and provide an example for each?

The kinds of quasi-delicts include negligence resulting in physical injuries, which may be slight or serious. An example is the obligation to pay for medical expenses if you negligently cause harm to someone.

Outlines

00:00

📚 Introduction to the Law on Obligations

The instructor begins by welcoming the class to the study of the law on obligations, focusing on the general provisions as outlined in Chapter One. A statutory definition of an obligation is provided, citing Article 1156 of the Civil Code of the Philippines. An obligation is described as a juridical necessity to give, do, or not to do something. The concept is further explained by differentiating between civil and natural obligations, with civil obligations allowing for legal enforcement and natural obligations being based on equity and natural law without legal action. The essential elements of an obligation, such as the passive subject (the obligor), the active subject (the obligee), and the object or prestation (the thing or action that must be given, done, or not done), are also introduced.

05:01

💼 The Nature of Obligations and Their Requisites

This section delves deeper into the nature of obligations, emphasizing that they are not merely social courtesies but legally enforceable duties. The instructor clarifies the difference between civil obligations, which can be legally enforced, and natural obligations, which are moral duties without legal recourse. The discussion continues with the essential requisites of an obligation, including the passive subject (the person bound to fulfill the obligation), the active subject (the person entitled to demand fulfillment), and the object or prestation (the specific thing or action involved in the obligation). The concept of reciprocal obligations is introduced, where parties are both debtors and creditors to each other, exemplified by a contract of sale.

10:03

📖 Types and Sources of Obligations

The instructor moves on to discuss the types of obligations, distinguishing between real obligations (which involve the transfer of something) and personal obligations (which involve actions or inactions). Real obligations are further divided into positive (requiring an action) and negative (requiring restraint from action). The sources of obligations are then explored, including law, contracts, quasi-contracts, and other legal incidents. The mnemonic 'LC QAQ' is introduced to help remember these sources. The importance of understanding obligations as a foundational course for law students is highlighted, with a warning about the potential consequences of failing this subject.

15:43

🏛️ Legal Concepts and Examples of Quasi-Contracts

This part of the lecture focuses on quasi-contracts, which are similar to contracts but lack mutual consent. The concept of unjust enrichment is introduced as a key principle behind quasi-contracts. Examples are given, such as a neighbor putting out a fire in your house and being entitled to reimbursement, or a situation where money is paid by mistake and must be returned. The instructor also touches on acts or omissions that are punishable by law, such as theft or estafa, and how these relate to obligations to return stolen property or compensate for damages.

20:43

💼 Further Exploration of Quasi-Contracts and Torts

The lecture continues with a deeper look at quasi-contracts, exploring different types such as negotiorum gestio (voluntary management of another's affairs) and solution (payment by mistake). The instructor explains how these quasi-contracts are meant to prevent unjust enrichment and provide remedies for situations where there is no pre-existing contractual relationship. Examples are provided to illustrate how these legal constructs apply in real-world scenarios, such as a neighbor's obligation to be reimbursed for expenses incurred in putting out a fire or the return of mistaken payments.

25:46

🚨 Fault and Negligence in Torts

In the final section, the instructor discusses the concept of fault and negligence in the context of torts, which are civil wrongs that cause harm to another party. The elements required to establish a tort are outlined, including an act or omission, fault or negligence, damage, and a direct causal link between the act and the damage. The distinction between torts and contractual obligations is clarified, emphasizing that torts do not require a pre-existing contract. The lecture concludes with a reminder of the importance of understanding these legal principles.

Keywords

💡Obligations

Obligations refer to the legal duties or responsibilities that individuals or entities have towards others. In the context of the video, obligations are defined as a 'juridical necessity to give, to do, or not to do' as per the Civil Code of the Philippines. The video emphasizes that obligations are enforceable by law, meaning failure to fulfill them can result in legal action. Examples from the script include the obligation to pay taxes, which is a civil obligation, and the natural obligation to care for one's parents.

💡Juridical Necessity

Juridical necessity is a term used to describe the legal requirement or compulsion to perform a certain act. The video explains that if one does not comply with a juridical necessity, the courts may intervene to ensure its fulfillment. This concept is central to understanding obligations, as it highlights the legal consequences of non-compliance, such as being sued in court.

💡Civil Obligations

Civil obligations are those that give the creditor or obligee the right to enforce performance. The video contrasts civil obligations with natural obligations, noting that the former is enforceable by law. An example provided is the obligation to pay taxes, which is a civil obligation because it can be legally enforced.

💡Natural Obligations

Natural obligations are based on equity and natural law, and unlike civil obligations, they do not provide a right of action. The video explains that these obligations are moral or ethical duties that society expects to be fulfilled but are not legally enforceable. An example given is the obligation to care for one's parents, which is a moral duty but not one that can be legally enforced in the same way as civil obligations.

💡Passive Subject

The passive subject, also known as the obligor, is the person bound by the obligation to fulfill it. The video describes the passive subject as having the duty to give, do, or not to do something. For instance, if there is an obligation to pay money, the passive subject is the one who owes the payment.

💡Active Subject

The active subject, also referred to as the creditor or obligee, is the person entitled to demand the fulfillment of an obligation. The video explains that this individual has the right to enforce the obligation. In a contract of sale, for example, the active subject is the buyer who has the right to demand the delivery of the goods they purchased.

💡Object or Prestation

The object or prestation refers to the subject matter of the obligation, which is the conduct required by the debtor, such as giving, doing, or not doing something. The video uses the example of a contract of sale, where the object is the thing being sold, and the obligation of the seller is to deliver that object to the buyer.

💡Reciprocal Obligations

Reciprocal obligations occur when both parties in a legal relationship are both debtors and creditors of each other. The video uses the example of a contract of sale, where the seller has the obligation to deliver the goods and the buyer has the obligation to pay for them, creating a reciprocal relationship where each is both an obligor and an obligee.

💡Sources of Obligations

Sources of obligations refer to the origins or causes that give rise to legal duties. The video lists several sources, including law, contracts, quasi-contracts, crimes, and quasi-delicts. Each source represents a different context in which obligations can arise, such as through legislation, mutual agreements, or legal consequences of certain actions.

💡Quasi-Contracts

Quasi-contracts are not true contracts because they lack mutual consent, but they are treated as contracts by law to prevent unjust enrichment. The video explains that quasi-contracts arise from unilateral acts that are lawful and voluntary. An example given is when a neighbor puts out a fire in your house while you are away; you are obliged to reimburse them for their efforts.

💡Quasi-Derelicts

Quasi-delicts, known as torts in English law, are civil wrongs that can give rise to obligations. The video distinguishes between intentional acts (like theft) and unintentional acts that cause harm, such as negligence leading to physical injuries. In both cases, the wrongdoer may be obliged to compensate the victim for damages, even in the absence of a contractual relationship.

Highlights

Definition of obligation according to Article 1156 of the Civil Code of the Philippines.

Explanation of 'juridical necessity' in the context of obligations.

Distinction between civil obligations and natural obligations.

Essential requisites of an obligation: passive subject, active subject, object or prestation, and legal tie.

The role of the passive subject or obligor in fulfilling obligations.

Active subject or creditor's right to demand fulfillment of an obligation.

Examples of reciprocal obligations, such as a contract of sale.

The legal tie that binds parties to an obligation.

Different forms of obligations: oral or in writing.

Types of obligations: real, personal, and their subcategories.

Mnemonic 'LC QAQ' for remembering the sources of obligations.

Law as a source of obligation, including obligations provided for by law.

Contracts as a source of obligation and the requirement of lawful agreements.

Quasi-contracts and the concept of consent in their formation.

Acts or omissions punishable by law as a source of obligation.

Quasi-delicts as a source of obligation and their relation to torts.

The importance of understanding obligations for law students and its impact on their studies.

Examples of quasi-contracts: negoshorum, solution, and management of another's affairs.

Requisites of a quasi-delict: act or omission, fault or negligence, damage, and direct relation between act and damage.

Transcripts

good day class

and uh welcome to the law on obligations

chapter one

so chapter one talks about the

general provisions of

the law and obligations

so

there is a statutory definition of an

obligation

it is found in article 1156

of the civil code of the philippines

so an obligation is

a juridical necessity to give

to do

or not to do

all right so we will tackle this one by

one it seems like a very simple

provision it actually is

but there is more than meets the eye

right

so we have to discuss this one by one

so it mentions that it is a juridical

necessity what is a juridical necessity

judical necessity means

in case of non-compliance

parts of justice

may be called upon for its fulfillment

all right that means

obligation

that's why it's called the juridical

necessity

because if you fail to perform your

obligation

you can be sued in court

that's why it is a judicial necessity

obligations

necessity right

your obligation to

uh to compliment your neighbor your

obligation to

to uh

to say hi to your friends

those are not genetical necessities

it may be nice to do that

but that is not an obligation

under the auspices of civil law

all right

so we have to differentiate here the

different the the we have to talk about

the difference between civil obligations

and natural obligations

so in civil obligations it gives the

creditor or obligee

the right to enforce performance

for natural obligations it is based on

equity

and natural law

there is no right of action so a civil

obligation

you have the obligation to pay taxes

all right

you natural obligation one you have a

national obligation to be uh

to say oh and oppo to your parents

you have the obligation to uh take care

of your girl your your girlfriend

you have to obligate you have the

natural obligation to give flowers

flowers

obligations

so what are the essential requisites of

an obligation

so we have a passive subject an active

subject

the object or prestation

you're a passive person

a passive subject

and passive subject is the

detour

all right

and that may be true

if he or she fails to perform his or her

obligations

now number two who is the active subject

the active subject is

we will uh

learn all throughout this course

because it's the easiest example

all right

so you active subject

matter

attuned

obligation is small

if the obligation is to

is to pay then

the the payment

the payment of the thing is the object

the payment of money is the object

if the obligation is to deliver food

right food is the object the delivery of

the food is the object or prestige

on judicial or legal tie

this

if you are the seller

all right what is

what is the object if you are the seller

the object is the

thing that you

there the legal tie there is the

this is your is your uh decipher money

all right so that is the genetical or

legal time

that for that's in a contract of sale no

in all obligations

are requisites

so here now uh let's discuss them one by

one again so a passive subject this is

also called the detour or obligor

this is the person bound to the

fulfillment of the obligation

this is the person who has the duty to

give to do or not to do

again

passive subjecting

obligation to give to do or not to do

you said to give somebody to your

payment of money

all right what are the obligation to do

like let's say our car i don't know

let's say carpenter that was an

obligation more is

that's an obligation not to do

then we have an active subject which is

also called the creditor or obligee

this is the person entitled to demand

fulfillment

this is the person who has a right to

demand

so in your active subject no

the object orientation is the subject

matter of the obligation

this is the conduct required to be

observed by the debt or to give to do or

not to do

in reciprocal obligations the parties

are reciprocally debtors and creditors

of each other

so another example uh reciprocal

obligation

contract of sale

a new obligation

your obligation is to deliver

the what you are selling your obligation

is to deliver the thing

but now as creditor you are entitled to

to be paid money

you are both debtors and creditors of

each other

so perfect a perfect example of that is

a contract of sale

a judicial or legal time this is also

called the efficient pause

it binds or connects the parties to the

obligation

okay

so forms of obligations

the answer is no

so this is the manner in which the

obligation is manifested

it may be oral or in writing

okay

under the law you are obliged to pay

taxes on time

that is provided for by law

so what are the kinds of obligations

number one it's a real obligation

i know it's been a real obligation a

real obligation

is

is an obligation to give

right

an example is then

example to give a fruit basket example

to give a sorry obligation to give a

fruit basket obligation to uh

to deliver 10 sacks of rice

those are real obligations

okay because you are giving something

because

uh payment of money

that that's a real obligation

now what is a personal obligation

a personal obligation is an obligation

to do or not to do

and what the

class in a personal obligation

we have the positive personal obligation

which is obligation to do or render

service

it's a main obligation mona may go in

let's say obligation to paint the house

of your client

obligation to provide uh

a litigation services to your client

that's a positive personal obligation

right now what is a negative personal

obligation obligation not to do

for the example an obligation not to

sell no not to sell your uh property

provided that to my accounts

in a span of five years

that's an obligation not to do

what's the obligation

that's a negative personal obligation

what are the sources of obligations my

mnemonic here class is lc qaq lc

that's what i used throughout my

accountancy uh years in college and uh

throughout my law school

by the way class

all right

obligation is the foundation course

for all business loss objects if you

fail this course

supposedly indicates

but

more often than not you will have to

repeat one entire year you have to add

one year to your

stay at law school

so please take this seriously

so what are the sources of obligations

number one we have law

all right

so pakistan having law the law provides

for the obligation

uh for the obligations itself

like payment to pay uh like uh

obligation to pay taxes

that's an obligation provided for by law

obligation to take care of your children

that is provided for by law

all right

so you have you have an obligation to

take care of your children

uh number three quasi sorry number two

number two is contracts

right it's one of the sources of an

obligation

when two or more persons

and two or more persons uh enter into a

panthera

they are obliged to perform their

obligations

provided that um

that those obligations are lawful and

provided the contract itself is lawful

all right

is that you are

you exchange your your book

you agree to exchange your book

in exchange for uh

for a bottle of wine

that's a valid obligation so you are

obliged to each party is obliged to

to fulfill his or her obligation

but

i'm just giving you the

[Music]

run through

all right

so

uh it's one of the sources of an

obligation

can a single person enter into a

contract

by himself

can a single person enter a contract

with himself alone

that's not possible

all right

so i know so uh

some contracts not two or more persons

all right

i will tackle that contracts more later

on

number three we have quasi-contracts

so there's a word here quasi what does

quasi mean

means you know in a tagalog translation

it means

so what makes it different from a

regular quadra

all right

amazing is consent all right

we will talk about later on

do you think

you can ask for a reimbursement of that

cost of 15 000 pesos

is the prevention of

unjust enrichment

all right indeed

unjust enrichment at the expense of

other people

all

right that's uh that's you know example

that's an example of a negotiator

all right it's the voluntary management

of affairs of another

uh then we have acts or omissions

punishable by law

so

let's say you know let's say

or if you let's say

okay so

so you are so let's say that's that's a

crime right

you are still obliged to return what you

have stolen

or what you have uh appropriated uh for

yourself

so obligation

so number four crime scenario actual

mission is punishable by law such as

theft estafa etc

number five is

quasi delicts

quasi-derelicts are torts

in english law they are called

[Music]

are you obliged to pay for medical

expenses

yes you are

all right

so i don't different incidents number

four

is intentional

this is unintentional

all right

oh

impedance resulting to physical injuries

depending on the severity

it can be less serious it can be serious

physical injuries less serious or

or slight physical injuries

sources of obligations where the

obligation is imposed by law itself such

as

obligation to pay taxes

obligation to support one's family

right

contracts

from agreement and stipulation of the

parties

so the parties are free to stipulate

anything as long as it's legal

all right

young girlfriend boyfriend

that's human trafficking

okay

use

right there there's nothing wrong with

that

example is obligation to repay a loan

obligation to the to deliver a purchased

item

similar to a contract but agreement

between parties is not present

it is resulting from unilateral acts

which are lawful and voluntary

and this is to prevent unjust enrichment

so

example

obligation to reimburse the neighbor who

put out the fire in your house while you

are away

so you have an obligation to return the

money

uh also this is a different another

example of a

classic contract

obligation to return money paid by

mistake all right if i personally

experienced this class no

i received in my g cash the amount of 3

000 pesos

during that time

consultation or whatever

so after five minutes

the person realized uh his mistakes

of course class i returned that amount

no

i returned that amount not just because

it is the right thing to do but it is

the legal thing to do

no

of course

etc

that other person has to return the

money

okay

so lost

please

but the thing is you are really obliged

to return the money

that was paid to you by mistakes

all right

so that is a contract

so acts are mentioned punished by law so

these are delays or crimes

some crimes uh these are arising from

civil liabilities which are consequences

of criminal offences

examples of these are

the obligation of the thief to return

the object stolen by him

obligation of accused and then to

indemnify the victim

in physical injuries all right

he has to pay for the

hospital expenses aspect

arising from damages caused to another

there being fault or negligence

there is no contractual relation between

the parties

so example the obligation of building

order to pay damages

suffered by pedestrian from falling pots

or things

placed on window ledges

there's a high chance

contractual obligations

uh these are

judicial relations are resulting from

lawful voluntary and unilateral acts by

virtue of which the parties become bound

to each other

to the end that no one will be unjustly

enriched or benefited at the expense of

another

so

so this is not a contract

but the law deems it one in order to

prevent unjust enrichment

there is no consent at all

but the law considers the parties to

have entered into a funtra

what are the kinds of quasi quantra

so we have negoshorum

you put you uh put out the fire in your

neighbor's house

so you're you are entitled to be

reimbursed

so that is no question

number two is solution

that is payment by mistake

voluntary management of the property or

affairs of another

uh this is without knowledge or consent

of

the latter

so examples neighbor put out the fires

of your home

while you were away and your neighboring

first expenses so you have to pay

that person to put out the fire for you

a solution

that is payment by mistake

there is no right to receive the thing

delivered

the thing was delivered through mistake

all right

after remissions by a person which

causes damage to another

uh they're being fault or negligence

so class are you fault or negligence

this is important

what do you think

the answer is no all right

because that's already uh

that's already a fortuitous event

it's something that you have no control

on it's something that you could not

have foreign

there is no pre-existing contractual

relationship between the parties

so what are the requisites of a false

identity there must be an act or

omission

there must be fault or negligence

there must be damage cost

there must be a direct relation or

connection of cause and effect between

the act or omission and the damage

and there is no existing contractual

relation between the parties

okay class we end uh chapter one here

good day