John Lester C.

Tugna
BSA - 1

I. Definitions

1. Obligation - an act or course of action to which a person is morally or legally

bound; a duty or commitment.

2. Quasi-contract - an obligation of one party to another imposed by law

independently of an agreement between the parties.

3. Compliance in good faith - compliance or performance. in accordance with the

agreed. stipulations or terms of the. contract.

4. Wrong - it can be a legal injury, which is any damage resulting from a violation of
a legal right.

5. Solutio indebiti - The rule is that no person shall unjustly enrich himself at the
expense of another.

II. Discussions

1. What are the essential requisites of an obligation? Give example to illustrate

them?
● An active subject, who has the power to demand the prestation, known as the
creditor or obligee. A passive subject, who is bound to perform the prestation,
known as debtor or obligor.
● There are four (4) essential requisites of an obligation.
● the obligation; he who has a duty.
● fulfillment of the obligation; he who has a right.
● observed by the debtor.

2. Why are obligations under civil code a juridical necessity? Explain.

● Because it is based on law and subject to court`s action. Obligations under civil
code are a judicial necessity in order to enforce local laws that involve civil
matters.
3. What are the elements or requisites in order that a person may acquire a right of
action in court against another to enforce the performance of the latter’s
obligation?
In order that one may claim to have a cause of action, the following elements must
concur:
● a right in favor of the plaintiff by whatever means and under whatever law it
arises or is created;
● an obligation on the part of the named defendant to respect or not to violate such
right; and
● (3) an act or omission on the part of such defendant in violation of the right of the
plaintiff or constituting a breach of the obligation of the defendant to the plaintiff
for which the latter may maintain an action for recovery of damages or other
appropriate relief.19 In other words, "a cause of action arises when that should
have been done is not done, or that which should not have been done is done."

4. May a person incur obligations even without entering into any contract or
voluntary agreement? Explain.
● Yes, because even then we have other obligations like our family obligations to
ourselves even though we have no other habits we still have to do it because the
obligation is reserved for anyone or ourselves and it cannot be disobeyed
because it is infidelity.