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    Lecture 1 - Obligation and Contracts

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    Chriselda Cabangon
    This document discusses obligations and contracts under Philippine civil law. It defines an obligation as a legal duty to give, do or not do something. There are four elements of a civil obligation: an active subject who demands performance, a passive subject who is bound to perform, the object or specific conduct required, and the legal tie between the parties. Sources of civil obligations include law, contracts, quasi-contracts, crimes/felonies, and quasi-delicts. Three examples are given of different types of contracts that create obligations: a loan contract with the borrower obligated to repay, a sales contract with both parties obligated, and a commodatum contract where only the borrower is obligated to return the item.

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    Lecture 1 - Obligation and Contracts

    Uploaded by

    Chriselda Cabangon
    295 views2 pages
    This document discusses obligations and contracts under Philippine civil law. It defines an obligation as a legal duty to give, do or not do something. There are four elements of a civil obligation: an active subject who demands performance, a passive subject who is bound to perform, the object or specific conduct required, and the legal tie between the parties. Sources of civil obligations include law, contracts, quasi-contracts, crimes/felonies, and quasi-delicts. Three examples are given of different types of contracts that create obligations: a loan contract with the borrower obligated to repay, a sales contract with both parties obligated, and a commodatum contract where only the borrower is obligated to return the item.

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    This document discusses obligations and contracts under Philippine civil law. It defines an obligation as a legal duty to give, do or not do something. There are four elements of a civil obligation: an active subject who demands performance, a passive subject who is bound to perform, the object or specific conduct required, and the legal tie between the parties. Sources of civil obligations include law, contracts, quasi-contracts, crimes/felonies, and quasi-delicts. Three examples are given of different types of contracts that create obligations: a loan contract with the borrower obligated to repay, a sales contract with both parties obligated, and a commodatum contract where only the borrower is obligated to return the item.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    295 views2 pages

    Lecture 1 - Obligation and Contracts

    Uploaded by

    Chriselda Cabangon
    This document discusses obligations and contracts under Philippine civil law. It defines an obligation as a legal duty to give, do or not do something. There are four elements of a civil obligation: an active subject who demands performance, a passive subject who is bound to perform, the object or specific conduct required, and the legal tie between the parties. Sources of civil obligations include law, contracts, quasi-contracts, crimes/felonies, and quasi-delicts. Three examples are given of different types of contracts that create obligations: a loan contract with the borrower obligated to repay, a sales contract with both parties obligated, and a commodatum contract where only the borrower is obligated to return the item.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    LECTURE 1: OBLIGATIONS AND CONTRACT

    RA 386 – Obligation (Article 1156)


    - An (Civil) OBLIGATION is a juridical necessity to give, to do, or not to do.
    - Juridical necessity – in case of noncompliance, there will be legal consequences, sanctions, and
    penalty.
    - It does not cover Natural Obligations – obligations that cannot be enforces in court

    4 ELEMENTS OF CIVIL OBLIGATIONS


    1. Active Subject (creditor = obligee) – is the one (person) who is demanding the performing of the
    obligation. It is he who is in his favor that the obligation is established.
    2. Passive Subject (debtor = obligor) – bound to perform the obligation.
    3. Object / Prestation – is not a thing, it is the particular conduct of the debtor.
    4. Efficient Cause / Legal Tie / Juridical Tie – which binds or connects the parties to the obligation.
    Note: If these are all present there’s Civil Obligation if not, then there is none.

    SOURCES OF CIVIL OBLIGATION – Article 1157


    1. Law Note: If there is no source of
    2. Contracts (Oral or Written) obligations, then there are no
    3. Quasi-contracts civil obligation and there will be
    4. Delicts / Crimes / Felonies – acts or omissions punished by no legal sanctions.
    (criminal) law
    5. Quasi-delicts

    EXAMPLE 1: (Unilateral – only one party has an obligation)


    Contreras is the lender and Sir  Elements of Civil Obligation
    Fidel is the borrower. The o Active Subject – Contreras (lender)
    agreement they had is called o Passive Subject – Sir Fidel (borrower)
    the Contract of Loan. Sir Fidel o Prestation – to pay back the loan
    has the obligation to pay back o Efficient Cause – Contract of Loan
    the loan while Contreras  Source of Obligation – Contract of Loan
    doesn’t have any obligation.

    EXAMPLE 2: (Bilateral – both parties have obligation)


    Vierneza is the seller and Sir  Elements of Civil Obligation
    Fidel is the buyer of cellphone. o Active Subject – Vierneza (seller); Sir Fidel (buyer)
    The agreement they had is o Passive Subject – Sir Fidel (buyer); Vierneza (seller)
    called the Contract of Sales. o Prestation – to transfer the ownership of the product; to
    Vierneza (seller) has the pay for product
    obligation to deliver or transfer o Efficient Cause – Contract of Sales
    the ownership of the product  Source of Obligation – Contract of Sales
    and Sir Fidel (buyer) has the
    obligation to pay the purchase
    price.
    EXAMPLE 3: (Unilateral)
    Sir Fidel lends his books to  Elements of Civil Obligation
    Balosca. The agreement they o Active Subject – Sir Fidel (lender)
    had is called Contract of o Passive Subject – Balosca (borrower)
    Commodatum. Only the o Prestation – to return the borrowed book
    Balosca (borrower) has the o Efficient Cause – Contract of Commodatum
    obligation to return the book  Source of Obligation – Contract of Commodatum
    while Sir Fidel (lender) has no
    obligation.

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