General Provisions - Obligations (Part 1)

Summary

This video script delves into the fundamentals of the law on obligations and contracts, focusing on the general provisions of obligations as outlined in the Civil Code of the Philippines. It explains the concept of obligation as a juridical necessity to perform certain actions, distinguishing between 'real' and 'personal' obligations. The script further breaks down the four essential elements of an obligation: the active and passive subjects, precision, and efficient cause. Through examples, it illustrates how these elements operate in unilateral and bilateral obligations, highlighting the difference between civil obligations enforceable by law and natural obligations based on moral principles.

Takeaways

• 📚 The topic of the script is the general provisions of obligations within the context of the law on obligations and contracts.
• 📖 The law on obligations and contracts is a set of rules that govern the nature and sources of obligations and rights, as well as duties arising from agreements and contracts.
• 🌏 The source of the law on obligations and contracts in the Philippines is the Civil Code of the Philippines, specifically Republic Act No. 386.
• 📆 The Civil Code of the Philippines is rooted in the Spanish Civil Code and took effect in the country on December 7, 18.
• 🔍 The definition of obligation is found in Article 1156 of the New Civil Code of the Philippines, which describes it as a juridical necessity to give, to do, or not to do something.
• 🤝 Juridical necessity implies that a court can be asked to order the performance of an obligation if the debtor refuses to perform it.
• 🔑 There are two types of obligations: real obligation (to give) and personal obligation (to do or not to do).
• 🔍 The four essential elements of an obligation are the active subject (creditor), passive subject (debtor), precision (object or subject matter of the obligation), and efficient cause (the legal tie that binds parties to an obligation).
• 📝 An example provided in the script illustrates how to determine the passive and active subjects, precision, and efficient cause in a contract of loan.
• 🔄 The script differentiates between unilateral and bilateral obligations, where unilateral obligations require performance by only one party, while bilateral obligations require performance by both parties.
• 🏛 The Civil Code of the Philippines enforces civil obligations, which are enforceable by court action, as opposed to natural obligations, which are based on natural law and not enforceable by the court.

Q & A

What is the main topic of the video script?

The main topic of the video script is the general provisions of obligations and contracts, specifically focusing on the law on obligations and contracts as outlined in the Civil Code of the Philippines.

What is the source of the law on obligations and contracts in the Philippines?

The source of the law on obligations and contracts in the Philippines is the Civil Code of the Philippines, also known as Republic Act No. 386, which is based on the Spanish Civil Code that took effect in the Philippines on December 7, 1880.

According to Article 1156 of the New Civil Code of the Philippines, what is an obligation?

According to Article 1156 of the New Civil Code of the Philippines, an obligation is a juridical necessity to give, to do, or not to do something, which implies that the court may be asked to order the performance of an obligation if the debtor refuses to perform it.

What are the different types of obligations mentioned in the script?

The script mentions real obligation (to give) and personal obligation (to do or not to do). Personal obligation is further divided into positive personal obligation (to do) and negative personal obligation (not to do).

What are the four requisites or essential elements of an obligation?

The four requisites or essential elements of an obligation are: 1) Active subject or creditor or obligee, 2) Passive subject or debtor or obligor, 3) Precision, and 4) Efficient cause.

What is the role of the active subject in an obligation?

The active subject, also known as the creditor or obligee, is the party who has the right to demand the performance of the obligation from the debtor.

What is precision in the context of obligations?

Precision refers to the object or subject matter of the obligation. It is not the thing itself but rather the conduct of giving, doing, or not doing something.

What is the efficient cause in obligations and what are its possible sources?

The efficient cause is the legal or juridical tie that binds the parties to an obligation. It may be any of the five sources of obligation: law, contracts, quasi-contracts, acts or omissions punishable by law, or quasi-delicts.

Can you provide an example from the script that illustrates a unilateral obligation?

An example of a unilateral obligation from the script is when 'D' is obliged to give 'C' ten thousand pesos with interest at 12% per annum on December 31, 2021, pursuant to a contract of loan.

How is a bilateral obligation different from a unilateral obligation?

A bilateral obligation involves both parties performing particular conduct, whereas a unilateral obligation requires only one party to perform a particular conduct. In the script, an example of a bilateral obligation is when 'D' is obliged to transport 'C's goods and 'C' is obliged to pay transport costs under a contract of carriage.

What is the difference between civil obligation and natural obligation as per the script?

A civil obligation is enforceable by court action and is based on positive law, as defined in Article 1156 of the New Civil Code of the Philippines. A natural obligation, on the other hand, is based on natural law and is not enforceable by court action.