LAW-ON-OBLIGATIONS-AND-CONTRACTS-CHAPTER-1 (1).pdf

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Sources: Law on Obligations and Contracts De Leon; De Leon Jr. Law on Obligations and Contracts Suarez TITLE I OBLIGATIONS (ARTICLE 1156-1304, CIVIL CODE) I.GENERAL PROVISIONS ARTICLE 1156 An obligation is a juridical necessity to give, to do or not to do. Obligation - Derived from the Latin word obligatio which means tying or binding. - A tie or bond recognized by law by virtue of which one is bound in favor of another to render something and this may consist in giving a thing, doing a certain act or not doing a certain act. - The act or performance which the law is enforced. Civil Code - Stresses the duty under the law of the debtor or obligor when it speaks of obligation as a juridical necessity. Juridical necessity - In case of noncompliance, the courts of justice may be called upon by the aggrieved party to en force its fulfillment or, in default thereof, the economic value that it represents. - In a proper case, the debtor or obligor may also be made liable for damages, which represents the sum of money given as a compensation for the injury or harm suffered by the creditor or oblige for the violation of his rights. - The debtor must comply with his obligation whether he likes it or not; otherwise, his failure will be visited with some harmful or undesirable consequences. - If obligations were not made enforceable, people can disregard them with impunity. - There are obligations that cannot be enforced because they are not recognized by law as binding. Nature of obligations under the civil code a) Civil Obligations - Obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice b) Natural Obligations - Not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. (Art. 1423) - Essential requisites of an obligation o Passive subject - called debtor or obligor; the person who is bound to the fulfillment of the obligation he who has a duty. o Active subject - called creditor or obligee; the person who is entitled to demand the fulfillment of the obligation he who has a right. o Object or prestation - Subject matter of the obligation; the conduct required to be observed by the debtor.
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  • Spring '18
  • Law, De Leon Jr

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