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.

Outlines

00:00

📜 Introduction to Obligations and Contracts Law

The video script begins with an introduction to the law on obligations and contracts, which governs the nature and sources of obligations, rights, and duties arising from agreements. It highlights the Civil Code of the Philippines, specifically Republic Act No. 386, as the primary source of this law, which is based on the Spanish Civil Code. The script then delves into defining 'obligation' according to Article 1156 of the new Civil Code, explaining it as a juridical necessity that can be enforced by courts if a debtor refuses to perform it.

05:14

📐 The Essence of Obligations: Juridical Necessity

This paragraph further explains the concept of juridical necessity, emphasizing the court's role in enforcing obligations. It distinguishes between 'real obligation' (to give) and 'personal obligation' (to do or not to do), providing definitions and examples to clarify these types of obligations. The paragraph also discusses the importance of the parties involved, such as the active subject (creditor or obligee) and the passive subject (debtor or obligor), in the context of obligations.

10:14

🔍 The Requisites of Obligation

The script outlines the four essential elements or requisites of an obligation: the active subject, passive subject, precision, and efficient cause. It describes the roles of the active and passive subjects in demanding and performing obligations, respectively. Precision is defined as the object or subject matter of the obligation, focusing on the conduct rather than the thing itself. The efficient cause is identified as the legal tie binding the parties, which can stem from various sources such as law, contracts, quasi-contracts, acts or omissions punishable by law, or quasi-delict.

15:17

📝 Examples of Obligations and Their Elements

The paragraph provides examples to illustrate the application of the requisites of obligation. It uses a loan contract scenario to identify the passive subject (the debtor), active subject (the creditor), precision (the act of giving money with interest), and efficient cause (the contract itself). The explanation helps to clarify how each element contributes to the formation and understanding of an obligation.

20:20

🚢 Contract of Carriage: A Bilateral Obligation Example

This paragraph presents a contract of carriage as an example of a bilateral obligation, where both parties have specific duties to perform. It distinguishes between the transport of goods and the payment of transport costs, identifying the active and passive subjects, precision, and efficient cause for each. The efficient cause in this case is the contract of carriage, which binds both parties to fulfill their respective obligations.

25:24

🏛️ Civil vs. Natural Obligations

The final paragraph discusses the distinction between civil and natural obligations. Civil obligations, which are enforceable by court action, are based on positive law, while natural obligations, grounded in natural law, are not enforceable by courts. The script emphasizes that the obligation defined in Article 1156 of the new Civil Code of the Philippines is a civil obligation, highlighting the importance of legal enforceability in the context of obligations.

Keywords

💡Law on Obligations and Contracts

The 'Law on Obligations and Contracts' refers to the legal framework that governs the nature and sources of obligations and rights, as well as duties arising from agreements and contracts. It is the main theme of the video, as it sets the stage for discussing the specifics of obligations within the Philippine legal context. The script mentions that this body of law is derived from the Civil Code of the Philippines, specifically Republic Act No. 386.

💡Civil Code of the Philippines

The 'Civil Code of the Philippines' is the legal document that provides the rules and principles governing the relations between persons and property. It is mentioned as the source of the law on obligations and contracts in the Philippines, highlighting its foundational role in shaping obligations and contracts within the country's legal system.

💡Obligations

In the context of the video, 'Obligations' are defined as juridical necessities to give, do, or not to do something. They are central to the video's theme, as they represent the duties and responsibilities that parties to a contract must fulfill. The script delves into the nature of obligations, distinguishing between 'real obligations' and 'personal obligations'.

💡Juridical Necessity

'Juridical Necessity' is a term used to describe the enforceability of an obligation by law. If a debtor refuses to perform an obligation, the court may be asked to order the performance. This concept is integral to understanding how obligations are legally binding and can be pursued through legal channels, as illustrated in the script's discussion of Article 1156.

💡Active Subject

The 'Active Subject,' also known as the 'Creditor' or 'Obligee,' is the party who has the right to demand the performance of an obligation. This concept is crucial in the script as it identifies the person with the authority to seek fulfillment of the obligations stipulated in a contract.

💡Passive Subject

The 'Passive Subject,' also referred to as the 'Debtor' or 'Obligor,' is the party obliged to perform the obligation. This term is key to understanding who bears the responsibility to act or refrain from acting as per the terms of a contract, as discussed in the script.

💡Precision

'Precision' in the script 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. This concept is vital for defining the specific actions or inactions that constitute the fulfillment of an obligation.

💡Efficient Cause

The 'Efficient Cause' is the legal or juridical tie that binds the parties to an obligation. It can be any of the five sources of obligation, such as contracts, quasi-contracts, acts or omissions punishable by law, or quasi-delicts. This term is central to the script's explanation of what constitutes the basis for an obligation.

💡Requisites of Obligation

The 'Requisites of Obligation' are the essential elements that must be present for an obligation to exist. The script outlines four requisites: the active subject, passive subject, precision, and efficient cause. Understanding these requisites is fundamental to grasping the conditions under which obligations are recognized and enforced by law.

💡Bilateral Obligation

A 'Bilateral Obligation' is an agreement where both parties are required to perform specific conduct. The script uses the example of a contract of carriage to illustrate this concept, where one party is obliged to transport goods, and the other is obliged to pay for the service, demonstrating mutual responsibilities.

💡Civil Obligation

'Civil Obligation' is an enforceable obligation based on positive law, as opposed to 'Natural Obligation,' which is based on natural law and not enforceable by court action. The script distinguishes between the two, emphasizing that civil obligations, as defined in Article 1156 of the New Civil Code of the Philippines, are subject to legal enforcement.

Highlights

Introduction to the law on obligations and contracts, which governs the nature and sources of obligations and rights, and duties arising from agreements and contracts.

The source of the law on obligations and contracts is the Civil Code of the Philippines, Republic Act No. 386, based on the Spanish Civil Code.

Definition of obligation as a juridical necessity to give, to do, or not to do, as stated in Article 1156 of the New Civil Code of the Philippines.

Explanation of 'juridical necessity' meaning the court may order the performance of an obligation if the debtor refuses to perform it.

Differentiation between real obligation (to give) and personal obligation (to do or not to do).

The four requisites of obligation: active subject, passive subject, precision, and efficient cause.

Active subject or creditor is the party who has the right to demand performance of the obligation.

Passive subject or debtor is the party obliged to perform the obligation.

Precision is the object or subject matter of the obligation, focusing on the conduct rather than the thing itself.

Efficient cause is the juridical tie binding parties to an obligation, which may come from various sources like law, contracts, etc.

Example provided to illustrate the determination of passive subject, active subject, precision, and efficient cause in a loan contract.

Unilateral obligation explained, where only one party is required to perform a particular conduct.

Bilateral obligation differentiated from unilateral, where both parties are required to perform particular conducts.

Civil obligation is enforceable by court action, unlike natural obligation which is based on natural law and not enforceable by courts.

The importance of understanding the difference between civil and natural obligations in the context of juridical necessity.

Article 1156 of the New Civil Code of the Philippines emphasized as defining a civil obligation, not a natural one.

Transcripts

hello and good day

for today our topic is general

provisions

of obligations

but before i discuss the general

provisions of obligations

let me give you a brief introduction

to the law on obligations and

contracts the law

on obligations and contracts is the body

of rules

which deals with the nature and sources

of obligations and rights

and duties arising from agreements

and contracts

in other words in law on obligations and

constructs

we will study relevant articles

of law governing the obligations

and contracts especially

the nature and sources of obligations

and the right and duties of

the parties involved in an

obligation and conscience

now the question is if we will study

relevant articles of law governing the

obligations and constructs

articles of law nyan

in order to answer that question

we need to know the source

and the source of the law on obligations

and contracts

is the civil code of the philippines

or the republic act number

386

uncivil code of the philippines or ra

number

386 an

1950

actually the civil code of the

philippines

is based on the civil code of spain

which took effect in the philippines on

december 7 18

let us now start by defining obligation

[Music]

what is the meaning of obligation

actually the definition of obligation

can be found in article 1156

of the new civil code of the philippines

article 1156 of the new civil code of

the philippines

states that an obligation

is a juridical necessity to give

to do or not to do

sabes so article 1156

an obligation dao i juridical

necessity what does it mean by

juridical necessity juridical necessity

means

that the court may be asked to order

the performance of an obligation if the

debtor

refuses to perform it

young parties or the lawang

persons involved sam

[Music]

to demand the performance of

the obligation

in other words side or

sha

[Music]

article 1156 an obligation

is a juridical necessity to give to do

or not to do that means

merong obligation to give

admiral obligation to do and

not to do the obligation to give

is called real obligation

and the obligation to do and not to do

is called personal obligation

of course your obligation to do

and not to do puerto panatin yang hati

we have obligation to do and

obligation not to do

your obligation to do antagon positive

personal obligation at your obligation

not to do antagon

negative personal obligation

definitions article 1156

meron long to give to do or not to do

pero along not to give

ang not to give

is that included

not to do

that is the reason why kumbhak walang

obligation

not to give

let us now proceed to the requisites

of obligation or

essential elements of an obligation

receipts of obligation or essential

elements of an obligation

we actually have four requisites of

obligation or four essential elements

of an obligation

requisites or essential elements

i

essential elements all of

the four essential elements or

four requisites must be there

in order to have an obligation

that is the meaning of requisites of

obligation

or essential elements of an obligation

we have four requisites of obligation

and they are first active subject

or creditor or obligee

second passive subject or

debtor or obligor third

precision and fourth efficient

cause the active subject

or creditor or obligee

is the party who has the right to demand

performance of the obligation

in other words ito young person or

italian party

na meron right to demand

compliance of the obligation

to give to do or not

to do young merong

right demand

fulfillment obligation

the passive subject or that or

or obligor is the party

who is obliged to perform

the obligation meaning to say or in

other words he is the person

who has the obligation to give to do

or not to do

performed

obligation

[Music]

[Music]

right to demand

next precision precision

is the object or subject matter

of the obligation it may consist

of giving doing or not

doing something

therefore a precision

[Music]

hindi young

thing itself we are not talking about

the thing itself but rather the conduct

of giving something

doing something or not doing

something take note

thing but rather young conduct

of giving something

doing something or not doing

something

[Music]

next efficient cause

efficient cause is the vinculum

or the legal or juridical day

you juridical tie which binds

the parties to an obligation

the efficient cause of an obligation

may be any of the five sources of

obligation the five sources of

obligation are law

contracts quasi-contracts

acts or omissions punishable by

sources of obligation

but for now focus on efficient

costs pakistan

that or at

and the efficient cause is either

any of the five sources of the

obligation

contracts acts or omissions punishable

by law

or quasi delics ang magigin

sagot nino

in order for you to better understand

the requisites of obligation

i will give you examples

example number one

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 determine

the passive subject the active subject

the precision and the efficient

costs let's determine

first the passive subject

and passive subject

or obligor

perform non obligation

in this example perform

obligation is cd

because

10 000 pesos sky c

with interest

therefore d is the passive

subject next determinant

active subject

an active subject

or obligee

and the active subject is

the party who has the right to

demand the performance of the obligation

therefore c is

the active subject

this is not the thing itself but rather

the conduct

of giving a thing doing a thing

or not doing a thing

therefore the giving of

ten thousand pesos with twelve

percent interest is the

precision take note

10 000 pesos with

12 interest

you are already wrong because you are

talking about

the thing itself na ten thousand pesos

with 12 interest

the pakistation it is

the giving of a thing

doing a thing or not doing

a thing okay yeah angry station not in

detail is

the giving of 10 000 pesos

with 12 interest

next how about the efficient cause

an efficient cause

an efficient cause is either long

conscious quasi-contract

acts or emissions punishable by law or

quasi-delex

therefore in this problem

[Music]

the contract of loan is the

efficient cause or the juridical

or legal i

in this example the obligation here

is uni

i won so

unilateral obligation is that

only one party is required to perform

a particular conduct

on

next example number two

d is obliged to transport the goods of

sea

from manila to cebu

and c is obliged to pay thee

one thousand pesos as transport costs

under a contract of carriage

determine the passive subject

active subject precision and

efficient costs

object active subject

precision at efficient costs

as regards the transport of the goods

and as regards

the payment of transport

costs

as regards the transport

of goods as regards

the transport of the goods sino and

subject sino and passive subject

no impression at an

efficient cause as regards

the transport of the goods an active

subject

i see see

why because cc and merron right

to demand the fulfillment or the

transport

of the goods from the

right to demand

as regards the transport of the goods

and passive subject i

[Music]

which is to transport the goods

of sea from manila to

cebu that's why

cd and passive subject

d is the passive subject and c

is the active subject

d is the detour and c

is the creditor

d is the obligor and

c is the obligee

as regards the transport of the goods

as regards the transport of the goods i

young transport of the goods

the transport of the goods is

the precision

and last i know an efficient cause

an efficient cause course

that or at creditor

an efficient cause i

wedding long contracts

quasi-contracts quasi-delegates

or acts or omissions punishable

by law therefore

as regards the transport of the goods

an efficient cause i young contract

of carriage

next puntana mantayosa as regards the

payment

of transport costs

sino ang active subject

sino and passive subject

i know an efficient cause at ano ang

prestation as regards

the payment of transport costs

an active subject i cd

why because

cd and magda demand

1000 pesos the transport cost

chi c

[Music]

why why see the passive subject

because si si

kai

next as regards

the payment of transport costs

and no on prestition

and precision i own payment

of transport costs

i transport costs

because we are not talking about the

thing but rather the

conduct which is the payment of

transport costs

how about the efficient costs

as regard as regards the payment

of transport costs and efficient cause

i contract off

carriage paren because

the contract of carriage binds the

debtor

and the creditor to the obligation

here in this example

an efficient cost i contract

of carriage

in this example the obligation

is bilateral

first example your obligation is

unilateral an obligation

is bilateral

meaning to say parties

i na mag perform non-particular

conduct

both d and c are required to

perform a particular conduct

transport costs kai di

therefore the law asylum magpu perform

non

particular conduct

hence the obligation here is

bilateral

always remember perform

nonparticular conduct unilateral

obligation

perform non-obligation that means

each party okay

and tawak's obligation i bilateral

obligation uni means

one and by means to

next let's distinguish civil obligation

from natural obligation

and civil obligation natural

obligation and civil obligation

this is based on positive

law at a natural obligation

this is based on natural

law therefore congruency will obligation

it is enforceable by

a court action

in a civil obligation merong juridical

necessity the creditor can

go to court to demand the performance of

the obligation from the debtor

perros a natural obligation since

it is based on natural law this

is not enforceable by

court action there is no

juridical necessity in

natural obligation

take note

article 1156 new

civil code of the philippines

i civil obligation

the obligation that is defined

in article 1156

of the new civil code of the philippines

is

a civil obligation and not

a natural obligation