Sources of Obligations. Obligations and Contracts. Article 1157 - 1162.
Summary
TLDRIn this video, the sources of obligations under Philippine law are discussed, based on Article 1157 of the Civil Code. The key sources include law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts. The video explains each source in detail, such as obligations from contracts being enforceable in good faith, and how obligations from quasi-contracts like unauthorized management and undue payment arise. Additionally, the video covers civil liabilities arising from criminal offenses and negligence, emphasizing that obligations are not limited to contractual relations but also stem from acts causing harm.
Takeaways
- 😀 Obligations under Philippine law arise from five primary sources: law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
- 😀 Law as a source of obligation refers to legal duties such as paying taxes or supporting one’s family, and obligations must be explicitly defined by law to be enforceable.
- 😀 A contract creates obligations between parties, with the force of law between them, but it must comply with public order and not be against the law or morals.
- 😀 Contracts are valid only if they do not contradict the law. A contract that is against the law, like one for illegal actions, is void and has no legal effect.
- 😀 Quasi-contracts arise from lawful, voluntary, and unilateral acts that prevent unjust enrichment, such as when someone manages another’s property without authorization.
- 😀 An example of a quasi-contract: If a person voluntarily manages another’s property and incurs necessary expenses, they are entitled to reimbursement.
- 😀 Another example of a quasi-contract involves undue payments made by mistake. In such cases, the recipient must return the payment if it was made without right.
- 😀 Criminal acts also give rise to civil obligations, which may include restitution, reparation of damage, and indemnification for consequential damages caused by the crime.
- 😀 Civil liability in criminal offenses requires the offender to compensate for the damage caused, even if the offender is imprisoned for the crime.
- 😀 A quasi-delict is an obligation that arises from acts or omissions that cause damage to others through fault or negligence, without a pre-existing contractual relationship.
- 😀 Negligence, or failure to exercise proper care, can create a quasi-delict liability if it results in injury or damage to another party.
Q & A
What is the primary source of obligations under Philippine law?
-The primary source of obligations is the law itself. This includes legal obligations clearly stated in codes or special laws, such as the obligation to pay taxes or to support one’s family.
What does Article 1157 of the Civil Code of the Philippines enumerate?
-Article 1157 enumerates five proximate sources of obligations: law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts.
What is the significance of obligations arising from law as explained in Article 1158?
-Article 1158 explains that obligations arising from law must be explicitly stated in the law or special laws. They cannot be presumed and must be clearly determined to be enforceable.
How are obligations from contracts treated under Philippine law according to Article 1159?
-Obligations arising from contracts are considered to have the force of law between the contracting parties, and must be complied with in good faith as stipulated in the contract.
What does ‘compliance in good faith’ mean in the context of contracts?
-Compliance in good faith means that the parties involved in the contract must perform their obligations as per the terms and conditions of the contract, with honesty and integrity.
Can a contract be enforced if it contradicts the law?
-No, a contract cannot be enforced if it is contrary to the law, morals, good customs, public order, or public policy. Such contracts are considered void and unenforceable under Philippine law.
What are the two types of quasi-contracts mentioned in the script?
-The two types of quasi-contracts are 'nearum gestio' (unauthorized management), where a person takes charge of another’s business or property without permission, and 'solutio indebiti' (undue payment), where something is paid without a legal right to demand it.
What is the concept of 'nearum gestio' and how does it work?
-Nearum gestio refers to the voluntary management of another person’s business or property without their permission. The person who takes charge is entitled to reimbursement for necessary and useful expenses incurred during the management.
What does 'solutio indebiti' refer to, and what is the obligation of the recipient?
-Solutio indebiti refers to undue payment made by mistake. The recipient of the payment has the obligation to return the amount, as the payment was made without a legal right to demand it.
How are civil obligations arising from criminal offenses handled in Philippine law?
-Civil obligations arising from criminal offenses are governed by penal laws and include restitution (returning property), reparation of damages (paying for the value of the lost object), and indemnification for consequential damages (damages caused to the victim or their family).
What is a quasi-delict, and how does it differ from a contract?
-A quasi-delict arises from acts or omissions that cause damage through fault or negligence, but without a pre-existing contractual relationship. Unlike a contract, where consent is a requirement, a quasi-delict is based on fault or negligence causing harm.
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