What is the law on obligation and contracts based on?
Republic Act. No. 386
What is an obligation?
An obligation is a juridical necessesity to give, to do and not to do (Art. 1156)
Juridical neccessity - it stresses the duty of the debtor or obligor
So when the debtor didn’t follow, they will be liable to damages.
What are civil obligations?
It gives the right to the creditor to enforce the performance by the obligor.
What are natural obligations?
It gives no right to the creditor to enforce unless the debtor makes a voluntary movement to do it.
What are active subjects?
The one who has the right to demand
Creditor/Obligee
What are passive subjects?
The one who is bound to perform
Obligor/Debtor
What are the object of the obligation?
The thing that is need to perform or to give (subject matter)
What are the juridical or legal tie?
The one that binds the parties (efficient cause)
Ex: Contracts and quasi contracts
Real obligations
The obligation to give
Personal Obligations
The obligation to do
Negative personal obligations
To not to do or give
What are the sources of obligations?
Law, contracts, quasi contracts, crime or acts or omission punishable by law and quasi-delicts or torts
In short by contract and laws
Quasi contracts- happens because someone benefitted from the expense of others such as solutio indebti and negotiorium gestio.
Quasi-delicts- acts by a person that damages a person’s property through negligence (ex: a poorly done wall collapse on a van that causes it to be damage beyond repair)
Should legal obligations be presumed?
No it should be followed as stated unless the obligation is not demandable.
The evidence that the criminal liability needs
It needs to be beyond reasonable doubt
The evidence that the quasi-delict needs
Preponderance of evidence
