Vous êtes sur la page 1sur 5

LAW- any rule of action or any system of uniformity.

General Division of Law Strict Legal sense (promulgated and enforced by state) Non-Legal Sense (not prom and enfo by state) Subject of Law Divine Law – law of religion and faith which concerns itself with the concept of sin and salvation. Natural Law – as the divine inspiration in man of the sense of justice, fairness, and righteousness. Moral Law – totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. Physical Law – uniformities of actions and orders of sequence which are the physical phenomena that we sense and feel. State Law – law that is promulgated and enforced by the state. Concepts of State Law General sense – all the laws taken together. Specific sense – a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit. Characteristics of Law It is a rule of conduct Obligatory It is promulgated by legitimate authority It is of common observance and benefit Source of Law 1. Constitution – the written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among several departments for their safe and useful exercise f benefit of the people. 2. Legislation – it consists in the declaration of legal rules by a competent authority. It is the preponderant source of law in the Philippines. Acts passed by the legislature are so called enacted law or statute law. It includes ordinances enacted by local government units.

creditor or obligee Object or prestation – subject matter of the obligation A juridical or legal tie – efficient cause. OBLIGATION-is a juridical necessity to give. In writing 3. Real Obligation is that in which the subject matter is a thing which the obligor must deliver to the obligee. *Positive – obligation to do or render a service *Negative – obligation not to do SOURCES OF OBLIGATIONS . Custom – it consists of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding and rules of conduct. 4. 4. Other Sources – to the above my be added principles of justice and equity. applying or interpreting the laws or the constitution form part of the legal system of the Philippines. in default thereof. decisions of foreign tribunals. Passive subject – debtor or obligor Active subject . Judicial decisions or jurisprudence – the decisions of the courts. to demand from another any prestation. Wrong – is an act or omission of one party in violation of the legal right of another. Personal obligation is that in which the subject matter is an act to be done or not to be done. ESSENTIAL REQUISITES (ELEMENTS) 1. opinions of textwriters. Partly oral and partly writing Right – is the power which a person has under the law. regulations and rulings – they are those issued by administrative officials under legislative authority.3. the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or. 2. 6. the economic value that it represents. 2. KINDS OF OBLIGATION ACCORDING TO SUBJECT MATTER 1. 3. *obligation is a juridical necessity because in case of non compliance. 5. Administrative or executive orders. particularly the supreme court. to do or not to do. binds the parties to the obligation FORM OF OBLIGATION 1. and religion. Oral 2.

Contracts – when they arise from the stipulation of the parties. DUTIES OF DEBTOR IN OBLIGATION TO GIVE A DETERMINATE THING 1. Law – when they are imposed by law itself. Quasi-delicts or torts – when they arise from damage caused to another through an act or omission. SCOPE OF CIVIL LIABILITY 1. voluntary and unilateral acts which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another. Crimes or acts or omissions punished by law – when they arise from civil liability which is the consequence of a criminal offense. *another standard of care – extraordinary diligence . 4. Compliance in Good Faith – compliance or performance in accordance with the stipulations or terms of the contract or agreement.1. there being fault or negligence. 3. Quasi-contracts – when they arise from lawful. KINDS OF QUASI-CONTRACTS 1. Preserve the thing *diligence of a good father of a family – ordinary care or that diligence which an average person exercises over his own property. but no contractual relation exists between the parties. *Generic or indeterminate – when it refers only to a class or genus to which it pertains and cannot be pointed out with particularity. 5. Indemnification for consequential damages *Specific or determinate – particularly designated or physically segregated others of the same class. Restitution 2. 2. *Obligations are not presumed because they are considered burden upon the obligor. Reparation for the damaged caused 3. Negotiorum gestio – is the voluntary management of the property and affairs of another without the knowledge or consent of the latter. Solutio indebiti – is the juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake. 2.

Industrial fruits – are those produced by lands of any kinds through cultivation or labor. 3. Civil fruits – are those derived by virtue of a juridical relation. Mora solvendi – delay on the part of the debtor 2. *Accessions – are the fruits of a thing or additions to or improvements upon a thing. 3. 2. Compensation morae – delay of both parties GROUDS FOR LIABILITY . the fulfillment of the latter’s obligation to give. *Accessories – are things joined to or included with the principal thing for the latter’s embellishment. *Real right – is the right or interest of a person over a specific without a definite passive subject against whom the right may be personally enforced. Ordinary delay – is merely the failure to perform an obligation on time. Fails to perform 2. KINDS OF DELAY OR DEFAULT 1.2. 5. or completion. to do or not to do. Natural fruits – are the spontaneous products of the soil. Poor manner MEANING OF DELAY 1. Mora accipiendi – delay on the part of the creditor 3. SITUATIONS CONTEMPLATED IN ART 1167 1. Deliver the fruits of the thing Deliver the accessions and accessories Deliver the thing itself Answer for damages in case of non-fulfillment or breach DIFFERENT KINDS OF FRUITS 1. *Personal Right – is the right or power of a person to demand from another. better use. as a definite passive subject. 4. 2. Legal Delay – is the failure to perform an obligation on time which failure constitutes a breach of the obligation. and the young and other products of animals. Contrary to the terms 3.

that degree of care. Contractual Negligence 2. there being no malice. which prevents the normal fulfillment of an obligation. KINDS OF NEGLIGENCE ACCORDING TO SOURCE OF OBLIGATION 1. Criminal negligence *Negligence is the failure to observe for the protection of the interests of another person. 2. whereby such other person suffers injury. Negligence – it is any voluntary act or omission. 3. Contravention of the terms of the obligation – is the violation of the terms and conditions stipulated in the obligation. . Delay 4. precaution and vigilance which the circumstance justle demand. Civil negligence 3.1. Fraud – it is the deliberate or intentional evasion of the normal fulfillment of an obligation.