30881129-Obligations-Reviewer-for-CPA-Aspirants

30881129-Obligations-Reviewer-for-CPA-Aspirants -...

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OBLIGATIONS Prepared by: Raymond Andes Sources: The New Civil Code of the Philippines; commentaries by Paras and Tolentino; reviewer prepared by Soriano; Bar-Ops reviewer prepared by students of UP Law; and some personal inferences Definition according to the Civil Code of the Philippines: obligation is a juridical necessity to give, to do, or not do (Art. 1156). Juridical Necessity means that the court can be asked to order the obligor to perform the obligation. As many noticed, this definition stresses merely the duty of the debtor (passive element) without emphasizing the corresponding right on the part of the creditor (the active element). Justice JBL Reyes then quotes the following definition given by Arias Ramos: “An obligation is a juridical relation whereby a person (the creditor) may demand from another (the debtor) the observance of a determinative conduct (the giving, the doing or not doing), and in case of breach, may demand satisfaction from the assets of the latter.” Furthermore, these definitions refer to civil obligation since a natural obligation cannot be enforced by court action. The former is based on positive law while the latter is based on natural law and exists in equity and moral justice . Moral obligations cannot be enforced by courts as well as these are based on the laws of the church, and not positive law. Requisites of Obligation 1. Active Subject = creditor/obligee = one who has the right to demand performance of the obligation 2. Passive Subject = debtor/obligor = one who is obliged to perform the obligation. 3. Prestation = the subject matter of the obligation. Prestations in… Real Obligation = the thing, whether determinate or generic Personal Obligation = the services or acts 4. Efficient Cause = the vinculum or the legal or juridical tie that binds the parties to an obligation. It may consist of any of the five sources of obligation. Sources of Obligation 1. Law . However, only those expressly determined in the Civil 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 on Obligations. We cannot presume existence of an obligation if no express provision is stated in our laws. 2. Contract – a meeting of minds between two persons/parties whereby one binds himself, with respect to the other, to give something or to render some service. 3. Quasi-contracts – Certain lawful, voluntary and unilateral acts done by a person giving rise to a juridical relation to the end that no one shall be unjustly enriched
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by another (Art. 2142). Examples: Negotiorum Gestio and Solutio Indebiti Negotiorum Gestio – voluntary administration of the property, business, or affairs of another without the latter’s consent or authority. Solutio Indebiti
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30881129-Obligations-Reviewer-for-CPA-Aspirants -...

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