Law on Obligations- Chapter 1
Summary
TLDRThis 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
- π 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.
- π¨ββοΈ 'Juridical necessity' implies that if an obligation is not fulfilled, legal action may be taken, distinguishing it from moral or social expectations.
- π€ Civil obligations allow for enforcement through the courts, while natural obligations are based on principles of equity and natural law without enforceability.
- πΌ The lecture differentiates between 'active subjects' (creditors or obligees) and 'passive subjects' (debtors or obligors) in the context of obligations.
- π Essential elements of an obligation include the passive subject, active subject, object or prestation, and the legal tie that binds the parties.
- π The lecture explains reciprocal obligations where each party is both a debtor and a creditor, exemplified by a contract of sale.
- π 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.
- ποΈ The source 'law' refers to obligations mandated by statutes, like paying taxes or caring for one's children.
- π€ 'Contracts' are agreements between two or more parties that create obligations, provided they are lawful and consensual.
- π '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.
- π« '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
π 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.
πΌ 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.
π 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.
ποΈ 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.
πΌ 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.
π¨ 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.
Mindmap
Keywords
π‘Obligations
π‘Juridical Necessity
π‘Civil Obligations
π‘Natural Obligations
π‘Passive Subject
π‘Active Subject
π‘Object or Prestation
π‘Reciprocal Obligations
π‘Sources of Obligations
π‘Quasi-Contracts
π‘Quasi-Derelicts
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
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