ARTICLE 1156-112 ARTICLE 1156- Obligations

CONSISTS OF THE FF: Latin word obligation- tying or binding

Civil definition-stresses the duty of the

debtor
Obligation definition
Juridical necessity- in case of non-
Civil definition compliance. There will be someone liable
MENTAL for damages.

NATURE OF OBLIGATION DAMAGES ( M.E.N.T.A.L)

ESSENTIAL REQUISITES OF AN 1. Moral Damages- awarded by injured

OBLIGATION party ( anxiety)
2. Exemplary Damages- corrective
KINDS OF OBLIGATION AS TO damages
SUBJECT MATTER 3. Nominal Damages- recognition of
rights violated.
FORMS OF OBLIGATION
4. Temperate Damages- more than
OBLIGATIONS, RIGHT WRONG actual but less than nominal
INJURY 5. Actual or compensatory Damages-
requires to show the proof of the
ELEMENTS OF A LEGAL INJURY injured party
6. Liquidated Damages- amount of
Sources of obligation
damages not fixed by court.
Special Laws
NATURE OF OBLIGATION
Contracts
1.Civil obligation- enforced by court. Civil
Quasi – contracts laws

KINDS OF QUASI-CONTRACTS 2.Natural obligations- equity. Based on

natural laws.
SCOPE OF CIVIL LIABILITY
ESSENTIAL REQUISITES OF AN
REQUISITES OF QUASI-DELICTS OBLIGATION

*Passive subject- who has the duty. Obligor

or debtor

*Active subject- who has the right. Creditor

or obligee.

*Object or prestation- subject matter

*Legal or juridical tie- efficient cause. Binds ARTICLE 1157- Sources of obligations
or connects the parties

KINDS OF OBLIGATION AS TO 1. Law- imposed by law itself.

SUBJECT MATTER
2. Contracts- stipulation of the parties.
1. Real obligation – a thing that a Meeting of minds. Agreement.
debtor is to give
3. Quasi-contracts- As If contracts.
2. Personal obligation- an act to be
don’t or not to be done Arising from (LUV), lawful,
*Positive personal obligations- doing unilateral and voluntary acts w/c are
an act enforceable to the law and no one
*Negative personal obligations- not
shall be unjustly enriched or
doing an act
benefited from the expense of
FORMS OF OBLIGATION
another.
1. Oral 4. Crimes/Acts or omissions punished
2. In writing
by law- from civil liability with
3. Partly oral and partly in writing
consequence from a criminal
OBLIGATIONS, RIGHT WRONG
offense.
INJURY
5. Quasi- delicts- As if crimes.-
1. Obligation- one is bound in favor of
damages arise from negligence or
another to render something
2. Right- the power that a person has fault. *delicts- has a malicious intent.
under the law.
3. Wrong- omission of a party in ARTICLE 1158- Special Laws
violation of legal rights
4. Injury- wrongful violation of legal Special laws- laws not included in the
rights. Civil code.

ELEMENTS OF A LEGAL INJURY - Corporation code

1. Legal right in favor of a person - Negotiable instrument Law
2. Correlative right in favor of another - Insurance Code
3. Act or omission by latter in violation
- Revised Penal Code
of the said right with resulting
damages to the former. - Labor Code
 ARTICLE 1159- Contracts ARTICLE 1161- Civil liability

Contracts- meeting of minds between 2 SCOPE OF CIVIL LIABILITY

parties. 1. Restitution
2. Reparation for the damage caused.
 Binding force- have the force of law 3. Indemnification of consequential
between contracting parties damages.

 Requirement of a valid contract-

essential elements are present
ARTICLE 1162- Quasi-delicts
(LMGPP) law, morals, good
customs, public order, public policy. *As if crimes

 Breach of contract- when there is a There is a damage caused by fault or

omission of act, refuse to comply negligence.

without legal reason. Delicts- have a malicious intent.

Compliance with in good faith- REQUISITES OF QUASI-DELICTS

accordance with the stipulation of 1. There must be an act or omission.

agreement. Without knowing the truth.
ARTICLE 1160- Quasi – contracts
*As if contracts.
*Resulting from (luv) lawful, unilateral and
voluntary acts
2. There must be fault or negligence.
3. There must be damage caused.
4. There must be a direct relation to the
cause and effect of the act or
omission and damage.
5. There is no contractual relation
between the parties.

KINDS OF QUASI-CONTRACTS

1. Negotiorum gestio- voluntary

management of the property without
the knowledge or consent of the
latter.
2. Solutio indebiti- something is
received by mistake.
3. Other examples of quasi-contracts-
implied contracts.