Chariz Kate Angelical BSBA FM 2A, 09 -04 – 2022

BLAW 201: Assignment on General Provisions

1. What are the essential requisites of an obligations? Give an example.

 A passive subject – it pertains to “debtor or obligor” which refers to the person who
is bound to the fulfillment of obligation and a person who has the duty.
 An active subject – it pertains to “creditor or oblige” which refers to the person who
is entitled to demand the fulfillment of obligation and who has the right.
 Object or prestation – it refers to the subject matter of the obligation, which the
conduct is required to be observed by the debtor. Where if no prestation, there is
nothing to perform.
 A juridical or legal tie – also called an “efficient cause” that binds or connects the
parties to the obligations and according to Art. 1157, it is the tie in an obligation can
easily determined by knowing the source of the obligation.

Example:

In “Sangla Tira” contract of Jane and Tina, Tina is bound to return the whole ₱ 50,000 amount to
Jane in a year on a date that Jane lends the money to Tina as a payment of being a new owner of house
for a year.

 The passive subject here is Tina, since she has an obligation to pay Jane after a year.
 The active subject here is Jane, since she has the demand for Tina to fulfill her
obligation to pay after a year span of the agreement date started.
 Object or prestation here is the ₱ 50,000 amount that need to return on a year of the
date when the contract started.
 A juridical or legal tie here is the “Sangla Tira” contract of Jane and Tina.

2. Explain:
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, Y is liable to X for the damages. In this case, Y is under obligation to pay the damage
caused to Y by his act although there is no pre – existing contractual relation between them
because Y is guilty of mere fault and negligence without any criminal intent. This taps an
obligation under the Art. 2176, quasi - delicts or torts, that when they arise from damage
caused to another through an act or omission, there being fault or negligence but no
contractual relation exists between party.

3. Define:
Obligation
- It came from the Latin word “obligatio” means tying or binding.
- It is an act or performance which law will enforce.
Quasi – contract
- a juridical relation resulting from the lawful, voluntary and unilateral acts by each other to
the end that one will be unjust by enriched or benefited at the expense of other. (Art. 2142)
Chariz Kate Angelical BSBA FM 2A, 09 -04 – 2022
BLAW 201: Assignment on General Provisions

Solutio indebiti
- it is a juridical relation which is created when something is received when there is no right to
demand it and it was unduly delivered through mistake. (Art. 2154)
- it is based on the principle that no one shall enrich himself unjustly at the expense of
another.