Borgonia, Khryzlin May C.

BSBA-FM-1B
ASSIGNMENT NO#1

I. Definitions
Define or give the meaning of the following:

1. Obligation – a juridical necessity to give, to do or not to do.

2. Quasi-Contract- they arise from lawful, voluntary and unilateral acts which are enforceable to
the end that no one shall be unjustly enriched or benefited at the expense of another.
3. Compliance in good faith- it means compliance or performance in accordance with the
stipulations or terms of the contract or agreement.
4. Wrong- act – act or omission of one party in violation of the legal rights or rights of another.
Meaning arises when a right has been violated.
5. Solutio indebiti- juridical relation which is created when someone received something that is
delivered by mistakes.

II. Discussions
1. What are the essential requisites of an obligation? Give examples to illustrate them.
(1) Passive subject (debtor or obligor) - the person who is bound to the fulfillment of the
obligation; he who has a duty.
(2) Active subject (creditor or obligee)- The person who is entitled to demand the fulfillment of
the obligation; he who has a right.
(3) Object or prestation (subject matter of the obligation)- the conduct required to be
observed by the debtor. It may consist in giving, doing, or not doing.
(4) Juridical or legal tie (efficient cause)- that which binds or connects the parties to the
obligation.

Examples:
● So company K signed a contract with company M to deliver the imported car for $10,000
per contract. In this example, the passive subject is the company K and the active
subject is company M. imported car is the prestation or object, and the legal tie or
juridical is the contract.

2. Why are obligations under the Civil Codes a juridical necessity? Explain.
● Simply because it is based on the law and is regulated by the power of the court. For
municipal regulations regarding civil proceedings to be enforced, obligations under the
civil code are required by the judiciary. Any issue brought about by a third party that
results in harm or financial strife among residents of a local jurisdiction is considered a
civil matter.

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?
 ● The ability to demand any service from another person under the legal framework is
known as a right. If an obligation is a civil obligation, meaning it is based on positive law,
then someone may be granted the right to file a lawsuit to have the obligation of another
person performed.

4. May a person incur obligations even without entering into any contract or voluntary
agreement? Explain.
● In light of the fact that duties do not just result from contracts. They may be mandated by
the law, result from quasi-contracts, crimes, acts, or omissions that are subject to
punishment, or quasi-delicts or torts. If you commit a crime, create damage due to
negligence or fault, or if someone else is unfairly enriched at the expense of you, you
may be under a duty.

III. Problems
Explain or state briefly the rule or reason for your answers.
1. X saw at about one (1:00 p.m.) in the afternoon a child alone in a shopping mall. The
child who strayed from Y, his mother, was in tears and appeared very hungry. Out of pity,
X took him to a restaurant to eat for which he spent P150. Y did not give her consent to
the good deed of X. Furthermore, they were on their way home before the child got lost.
Is X entitled to be reimbursed by Y for the amount of P150?
● Yes, as Y is liable to X even though she did not consent, according to the quasi-contract
theory. In order to prevent anyone from unfairly enriching themselves or benefiting at the
expense of another, X fed Y's child and incurred expenses; X should pay Y back for
them.

2. While the car of X was parked by the roadside, it was bumped at the rear by a jeep
belonging to Y. Only the car of X suffered damage. Under the circumstances, does it
follow that Y is liable to X for the damage?
● Yes, even though there was never a written agreement between them, Y's irresponsibility
caused X's car to be destroyed. X's car would not have been harmed if Y had not hit it. Y
is therefore accountable to X for the losses.

3. In the same problem, does X have the right to ask indemnity from R, employer of X, on
the ground that when the accident occurred X was then on his way to transact business
with a client of R?
● Because there is no legal requirement for this, X has no authority to demand that R
provide indemnity.

4. D (debtor) borrowed P10,000 from C (creditor). On the due date of the loan, D could not
pay C because he lost to a robber the P10,000 intended for C. In addition, he suffered
financial reverses, and he was short of cash even for his current family's needs. Is D
legally justified to refuse to pay C?
● No, because D engaged into a voluntary agreement and was willing to honor the
contract when he borrowed money from C. As a result, D should act in accordance with
their agreement in good faith and lack a valid reason to withhold payment from C.