Obligations 1: General Principles of Obligations

Summary

This video dives into the law of obligations, explaining key concepts like civil and natural obligations, as well as their essential requisites. It clarifies terms like creditor, debtor, prestation, and juridical tie, exploring the legal nuances of each. The video highlights the different sources of obligations, including laws, contracts, quasi-contracts, criminal offenses, and quasi-delicts. Key examples, such as payment by mistake and voluntary management of another's property, help illustrate these complex ideas. The video aims to educate viewers on the foundational principles of obligations in an accessible way.

Takeaways

• 😀 An obligation is a juridical necessity to give, do, or not do something, and it can be enforced by law if not fulfilled.
• 😀 The term 'obligation' comes from the Latin word 'obbligato', meaning to tie or bind.
• 😀 Civil obligations are enforceable by law, while natural obligations are not enforceable but may be voluntarily fulfilled.
• 😀 The essential requisites of an obligation include: an active subject (creditor), a passive subject (debtor), an object (prestation), and a juridical tie.
• 😀 Obligations can arise from four main sources: law, contracts, quasi-contracts, and delicts (criminal offenses).
• 😀 Civil obligations arise when the law specifically mandates them, such as obligations to pay taxes or provide support.
• 😀 Contracts are obligatory and have the force of law between the parties, provided they are valid and enforceable.
• 😀 Quasi-contracts are legal relations that arise from voluntary acts, where parties are bound to avoid unjust enrichment.
• 😀 Delicts are criminal offenses that give rise to civil liability, meaning a person criminally liable is also liable to compensate damages.
• 😀 Quasi-delicts (or torts) are acts or omissions involving fault or negligence that cause damage to another, requiring compensation.
• 😀 The key difference between civil and criminal liability is the level of proof required: civil cases need preponderance of evidence, while criminal cases require proof beyond a reasonable doubt.

Q & A

What is an obligation in legal terms?

An obligation is defined as a juridical necessity to give, do, or not do something. It is derived from the Latin word 'obbligato,' meaning to tie or bind, indicating that failure to comply may result in legal enforcement or fulfillment of the obligation.

What is the difference between damage and damages in legal terms?

Damage refers to the actual harm or physical injury suffered, while damages refer to the monetary compensation awarded for suffering that harm or injury.

What are the two main types of obligations?

The two main types of obligations are civil obligations and natural obligations. Civil obligations can be enforced in court, while natural obligations arise from equity and cannot be legally enforced.

What are the four essential requisites of an obligation?

The four requisites are: 1) Active Subject (Creditor), who has the right to demand performance; 2) Passive Subject (Debtor), who is bound to fulfill the obligation; 3) Object or Prestation, the subject matter of the obligation; and 4) Juridical Tie, which binds the parties together.

How do obligations differ from rights and wrongs?

An obligation is an act enforceable by law, while a right is the power to demand performance of an act. A wrong, on the other hand, is a legal violation that can arise from an act or omission which harms another's rights.

What is the distinction between real and personal obligations?

Real obligations involve a thing to be delivered (e.g., transfer of property), while personal obligations concern an act to be done. Positive personal obligations require an act to be done, while negative personal obligations involve refraining from an act.

What are the sources of obligations under the law?

The sources of obligations are: 1) Law (such as obligations to pay taxes or provide support); 2) Contracts (which are binding and must be complied with in good faith); 3) Quasi-contracts (e.g., negatory gestion or solution indebiti); 4) Delicts (criminal offenses); and 5) Quasi-delicts (acts of negligence causing damage).

Can obligations arising from law be presumed?

No, obligations arising from law are never presumed. They must be explicitly stated in the Civil Code or special laws. Only when the law clearly imposes an obligation can it be enforceable.

What is a quasi-contract, and can you give an example?

A quasi-contract is a legal relationship created by voluntary acts where no explicit consent is given, but the law imposes a duty to prevent unjust enrichment. An example is 'negatory gestion,' where one person manages another's property without consent, but can claim reimbursement for incurred expenses.

How does a criminal offense create an obligation?

Under Article 100 of the Revised Penal Code, every person who is criminally liable is also civilly liable. This means that, in addition to facing criminal penalties, the offender may be required to compensate the victim through restitution, reparation, or indemnification.