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Obligations and Contracts

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Jann Blair Salinas

on 19 January 2015

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Transcript of Obligations and Contracts

Obligations
and
Contracts

Articles for Discussion
Article 1156 Article 1157 Article 1158
The Law
Article 1156. An obligation is a juridical necessity to give, to do or not to do.
Meaning of Juridical Necessity
Obligation is a
juridical necessity
because in case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or in default thereof, the economic value that it represents.
The Law
Article 1157. Obligations arise from:
Introduction
The Law on Obligations and Contract is defined as a kind of positive law which deals with the nature and sources of obligations as well as the rights and duties arising from agreements and contracts.
"Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith."
Elements of an Obligation
1. A passive subject
Kinds of Prestation
a. to GIVE
In the Philippine Setting
Presented by:

Jann Blair P. Salinas
BSBA-II

De Leon, Law on Obligations and Contracts, 1995 Revised Edition, Rex Bookstore, page 14
Article 19: Civil Code of the Philippines
Failure to observe the above principle makes a person civilly liable.
Take Note!
Discussion
Meaning of Obligation:
The term
obligation
is derived from the Latin word,
obligatio

which means tying or binding.
Civil Code Definition:
The Civil Code defines obligation in its passive aspect. Our law merely stresses the duty of the debtor or obligator when its speaks of
obligation as a juridical
necessity.
2. An active subject
3. The object or prestation
4. A juridical or tie
b. to DO
c. not to DO
Requisites of Prestation
a. physically and juridically possible
b. determinate or at least determinable
c. possible equivalent in money
1. Law
2. Contracts
3. Quasi-Contracts
4. Acts or omissions punishable by law
5. Quasi-delicts
Discussion
There are only two sources of obligations:
1. Law
2. Contracts
because obligations arising from quasi-contracts, crimes and quasi-delicts are legally imposed by law.
Article 1158. Obligations
derived from law are NOT PRESUMED. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions
of this book.
The Law
Discussion
- It is governed by the law itself.
- Agreement of the parties is not
necessary (e.i. tax collection) ,
Art. 448 and Art.488
- Not presumed, only those
expressly provided
are enforceable
Law is defined as a rule of conduct, just and obligatory, promulgated by the legitimate authority, for common observance and benefit.
- without which, NO OBLIGATION can exist...
Contract
is a
meeting of minds between
two persons whereby one binds himself, with respect to the other, to give something or to render some service.
Quasi-contract
is a lawful, voluntary and unilateral act based on the maxim that no one shall unjustly enrich himself at the expenseof another.
Civil obligations
arising from
criminal offenses
are governed: 1) by the provisions of the Revised Penal Code), 2) by the provisions of the Civil Code on damages.
Quasi-delicts
is any act or omission which causes damage to another, there being fault or negligence, and there being no preexisting contractual relations
between the parties.
It is important
to identify the prestation in
a certain obligation...
A contract of sale and a contract of loan are examples of prestations to give. A contract of labor or a service is an example of a prestation to do.
To illustrate:
Obligations and Contracts in the
Philippine setting is governed by the
provisions of the Civil Code of the Philippines
(RA 386, approved June 18, 1949).
References
http://thefilipinolawstudent.blogger.com/2013/11/definition-and-elements-of-obligation.html
Atty. Christine P. Carpio-Aldeguer. Law on Obligations and Contracts in the Philippines: An Overview. April 2014. FEU Institute of Accounts, Business and Finance
Prof. E.A. Labitag. Obligations and Contracts: Expanded Course Outline. UP Law 2012
Full transcript