Professional Documents
Culture Documents
Weeks 2 to 4 Obligations
I. General Provisions, Nature and Effects of Obligations
a. General Provision
- Juridical Necessity enforce compliance; seek damages
- To give, to do, and not to do Examples
- Four essential requisites of an obligation
(i) A passive subject (Debtor to give; Obligor to do)
(ii) An active subject (Creditor/Obligee)
(iii) Object (Prestation) subject matter
(iv) Juridical tie (Vinculum) Source of Obligation
- Form as a manifestation of intent; but no specific form unless required by law
(b) Kinds of Obligations
1. According to subject matter
a. Real Obligation to give
b. Personal Obligation to do
i. Positive to give or do
ii. Negative - not to do or not to give
A borrower agreed to pay his debt in 60 days, and in case of non-payment to rend
er free service as driver/servant. When due date came, borrower refused to rende
r free service. Decide.
2. According to person obliged
a. Unilateral
b. Bilateral (Reciprocal or non-reciprocal)
(c) Sources of Obligation
1. LAW Imposed by law
- A wife was about to deliver a child. Her neighbor brought her to hospital. Who
should pay the hospital bill Husband or Neighbor?
- P.D. 1517 grants the right of first refusal to person who has leased for more
than 10 years an urban land and who construct his house thereon. Lessee of a Con
do in Manila now claims his right of first refusal because he has been living in
the unit for almost 15 years. Decide.
Obligations derived from law are not presumed.
- In a newspaper ad, there was an offer to replace 30 sachets of Tide for one Ve
netian cut Glass until the end of the year. At the end of the year, you present
your tide sachets, but Tide refused to honor it anymore since the ad was posted
more than half a year ago. Decide. 657
a. Quasi-contracts Juridical relations based on the principle that no one shall
be unjustly enriched or benefited at the expense of another.
i. Negotiorum Gestio When a person voluntarily takes charge of the management of
a business or property of another that has been neglected or abandoned, without
any power from the latter, as a consequence of which, he is obliged to continue
the same until the termination of the affair or to require the owner to substit
ute him. Ex. NPA infested area Fishpond
ii. Solutio indebiti When a person unduly delivers a thing through mistake to an
other who has no right to demand it. (melon bank v. Javier)