Professional Documents
Culture Documents
1. Vinculum juris
The vinculum juris is the legal tie. It consists of the enforceability of the obligation. If the debtor does
not conform, the creditor has the power to go to court to make the debtor perform – coercive.
2. Causa
The object of an obligation answers the question What is owed?
The causa answers the question
Why is it owed?
For example, A will deliver a car to B since A expects to get P300,000. The P300,000 is the causa of the
obligation.
3. Form
Form means some manifestation of intent.
There is always a concurrence between the law which establishes or recognizes it & an act or condition upon
which the obligation is based or predicated.
When are pre-contractual obligations binding and when do they give rise to liability?
If the offer by one party is clear and definite, leading
Art. 1158. Obligations derived from LAW are not the offeree in good faith to incur expenses in the
presumed. Only those expressly determined in expectation of entering into the contract and the
this Code or in special laws are demandable, and withdrawal of the offer is without any legitimate
shall be regulated by the precepts of the law cause.
which establishes them; and as to what has not
been
Art. foreseen, by the provisions
1160. Obligations of this
derived Book.
from QUASI-
CONTRACTS shall be subject to the provisions of
Chapter 1, Title XVII, of this Book.
Quasi-contracts
a. Negotiorum Gestio
b. Solutio Indebiti
c. Other Quasi-contracts
What is a quasi-contract?
It is a juridical relation which arises from certain lawful, voluntary and unilateral acts by virtue of which the
parties become bound to each other based on the principle that no one shall be unjustly enriched or benefit
at the expense of another.
A quasi-contract is not an implied contract. There is no meeting of the minds between parties. A juridical relation
is created by a quasi-contract so that nobody shall enrich himself at the expense of another.