This document discusses the nature and sources of obligations under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something. Obligations can arise from law, contracts between parties, quasi-contracts, unlawful acts or omissions, and quasi-delicts or torts. Contractual obligations specifically require a meeting of the minds between two parties for a valid contract, which must not contravene law, public policy, or morals. A breach of contract occurs when one party fails or refuses to comply.
This document discusses the nature and sources of obligations under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something. Obligations can arise from law, contracts between parties, quasi-contracts, unlawful acts or omissions, and quasi-delicts or torts. Contractual obligations specifically require a meeting of the minds between two parties for a valid contract, which must not contravene law, public policy, or morals. A breach of contract occurs when one party fails or refuses to comply.
This document discusses the nature and sources of obligations under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something. Obligations can arise from law, contracts between parties, quasi-contracts, unlawful acts or omissions, and quasi-delicts or torts. Contractual obligations specifically require a meeting of the minds between two parties for a valid contract, which must not contravene law, public policy, or morals. A breach of contract occurs when one party fails or refuses to comply.
ARTICLE 1156. An obligation is juridical necessity to give, to do or not to do.
Obligatio (latin) – tying or binding
Obligation is a juridical necessity because in case of noncompliance, the courts of justice may be called upon. *Debtor must comply whether he likes it or not -Essential requisites- Juridical tie (efficient cause) – binds/connects Active subject – creditor, obligee Passive subject – debtor, obligor Object/Prestation – subject of obli *Form – oral, written, partly oral, partly written – law does not require any form Real obligation – obligation to give, must deliver Personal obligation – obligation to act Positive personal obli – to do Negative personal obli – not to do/give ARTICLE 1157. Obligations arise from: 1)Law – imposed by law itself 2) Contracts – stipulation of the parties 3) Quasi-contracts – lawful, voluntary, unilateral 4) Acts or omissions punished by law; 5) Quasi-delicts or torts – damage caused by fault ARTICLE 1158. Oblis from law are not presumed. ARTICLE 1159. Contractual oblis Contract – meeting of minds between two persons 1. Binding force – force between contracting parties 2. Requirement of valid contract – it should not be contrary to law, morals, good customs, public order *In the eyes of law, a void contract does not exist. 3. Breach of contract – violated contract; a party fails/refuse to comply ARTICLE 1160. Quasi-contracts
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