OBLIGATIONS REVIEWER - CCC.docx - OBLIGATIONS REVIEWER A CONCEPTS AND ELEMENTS \u2022 An obligation is(1 a juridical necessity(a to give[or not to give(b

OBLIGATIONS REVIEWER - CCC.docx - OBLIGATIONS REVIEWER A...

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OBLIGATIONS REVIEWER A. CONCEPTS AND ELEMENTS • An obligation is: (1) a juridical necessity: (a) to give [or not to give], (b) to do, (c) to not do. • Essential elements of an obligation: (1) vinculum juris or legal tie; (2) object or prestation; (3) subject or persons. B. SOURCES OF OBLIGATIONS • (1) law; (2) contracts; (3) quasi-contracts; (4) acts or omissions punished by law (delicts); (5) quasi- delicts 1. Law • Obligations from law: (1) not presumed; (2) only those derived from Civil Code or special laws are demandable; (3) and they are governed by the Civil Code, or by the law that created them. 2. Contracts • contracts: (1) have the force of law between the contracting parties; (2) must be complied with in good faith. • A contract is: (1) a meeting of the minds; (2) whereby one binds himself with respect to the other; (3) in order to give something or to render some service. 3. Quasi-contracts • Quasi-contracts are governed by the Civil Code. • Quasi-contract: (1) a juridical relation; (2) lawful, voluntary, and unilateral; (3) to the end that no-one shall be unjustly enriched at the expense of another. • Quasi-contractual relationships are forced upon the parties by operation of law, to prevent unjust enrichment. • Quasi-contracts are based on the presumed will of the obligor dictated by rules on equity: (1) it is presumed that a person agrees to that which will benefit him; (2) nobody wants to enrich himself unjustly at the expense of another; (3) one must do unto others what he would want others to do unto him under the same circumstances. a. Negotiorum Gestio Whoever voluntarily takes charge of the management of a business or property of another without any power from the latter is obliged: (1) to continue the same until the termination of the affair or its incidents; or (2) to require the person concerned to substitute him if the person concerned is in a position to do so. EXCEPTIONS : (a) when the property or business is not neglected or abandoned; (b) if in fact the manager has been tacitly authorized by the owner. b. Solutio Indebiti • The obligation to return a thing arises: (1) when it is received; (2) when there is no right to demand it; (3) it was unduly delivered by mistake. • For the extra-contractual relationship of solutio indebiti to arise, the following requisites must be proven: (1) the absence of a right to collect the excess sums; (2) the payment was made by mistake. 4. Acts or Omissions Punished by Law (Delicts) • Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of the Civil Code, regulating damages. 5. Quasi-delicts • Obligations from quasi-delicts are governed by the Civil Code and by special laws. • Quasi-delict: an obligation to pay for the damage done arises when: (1) someone causes damage to another through an act or omission; (2) there being fault or negligence; (3) and there is no pre-existing contractual relation.
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