Law on Obligations and Contracts.docx - LAW ON OBLIGATIONS AND CONTRACTS Law on Obligations and Contracts To begin the Law on Obligations and Contracts

Law on Obligations and Contracts.docx - LAW ON OBLIGATIONS...

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Law on Obligations and Contracts To begin, the Law on Obligations and Contracts is defined as s a kind of positive law which deals with the nature and sources of obligations as well as the rights and duties arising from agreements in contracts. Before discussing the particular concepts on the Law on Obligations and Contracts, it is important to know that in every obligation, one must always observe the general principles on human relations, to wit: “ART. 19. 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.” Failure to observe the above principle makes a person civilly liable. O B L I G A T I O N "Article 1156. An obligation is a juridical necessity to give, to do or not to do." An obligation is a legal duty, however created, the violation of which may become the basis of an action of law. Every obligation has four definite elements, without which no obligation can exist, to wit: (1) an active subject, also known as the obligee or creditor, who has the power to demand the prestation; (2) a passive subject, also known as the debtor, who is bound to perform the prestation; (3) an object or the prestation, which is an object or undertaking to give, to do or not to do; (4) The juridical or legal tie, the vinculum which binds the contracting parties. The juridical tie or vinculum is based on the sources of obligation arising from either the law or contract. Law is defined as a rule of conduct, just and obligatory, promulgated by the legitimate authority, for common observance and benefit. On the other hand, contract is defined as “meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or render service.” It is important to identify the prestation in a certain obligation. Once the prestation is identified, you can determine who the passive subject is whom the active subject can demand fulfillment of the obligation. A contract of sale and a contract of loan are examples of prestations to give; A contract of labor or a service contract is an example of a prestation to do. To illustrate: In an obligation to pay taxes, the passive subject is the taxpayer, the active subject is the government through the Bureau of Internal Revenue, the prestation is “to give,” specifically to pay taxes, the juridical tie is a source of obligation arising from law.
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