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Comprehensive Reviewer On Obligations And Contracts
Bryan D. Bohol 2AAC
Obligations
CHAPTER 1
Article 1156. An obligation is a juridical necessity to give, to do or not to do.
Comment:
(1) Elements of a obligation (a) Active subject (oblige or creditor) – person who has the right in the fulfillment of the obligation.(Paras, Civil Code)
(b) Passive subject (obligor or debtor) – person who has the duty or obligation to do, to give or not to do.(ibid)
(c) Prestation or Object – it is the subject matter of the obligation. (ibid)
(d) Efficient cause – it is the reason why the obligation exist (ibid)
(2) Example A promises to give his only car to C as a result of agreement. (In this case, A is the passive subject; C is the active subject; the car is the Prestation; the agreement is the efficient cause.) Article 1157. Obligations arise from
(1) Law
(2) Contracts
(3) Quasi- contracts
(4) Acts or omissions punished by law and
(5) Quasi – delicts.
Comment:
[Note: No obligation exists if its source is not one of those enumerated under article 1157. (Civil Code)]
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.
Comment: (1) Obligations arising from law or obligations Ex Lege (a) Examples 1) The duty of the Father to support his family 2) The duty to pay taxes (2) Obligation arising from law is not presumed Meaning the obligation must express clearly or implied clearly set forth in the law. Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Comment: (1)
Bryan D. Bohol 2AAC
Obligations
CHAPTER 1
Article 1156. An obligation is a juridical necessity to give, to do or not to do.
Comment:
(1) Elements of a obligation (a) Active subject (oblige or creditor) – person who has the right in the fulfillment of the obligation.(Paras, Civil Code)
(b) Passive subject (obligor or debtor) – person who has the duty or obligation to do, to give or not to do.(ibid)
(c) Prestation or Object – it is the subject matter of the obligation. (ibid)
(d) Efficient cause – it is the reason why the obligation exist (ibid)
(2) Example A promises to give his only car to C as a result of agreement. (In this case, A is the passive subject; C is the active subject; the car is the Prestation; the agreement is the efficient cause.) Article 1157. Obligations arise from
(1) Law
(2) Contracts
(3) Quasi- contracts
(4) Acts or omissions punished by law and
(5) Quasi – delicts.
Comment:
[Note: No obligation exists if its source is not one of those enumerated under article 1157. (Civil Code)]
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.
Comment: (1) Obligations arising from law or obligations Ex Lege (a) Examples 1) The duty of the Father to support his family 2) The duty to pay taxes (2) Obligation arising from law is not presumed Meaning the obligation must express clearly or implied clearly set forth in the law. Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Comment: (1)