Professional Documents
Culture Documents
Definition of Obligation
a. Real
b. Personal
Elements of Obligation
Possible
a.
b.
c.
d.
Impossible
Active subject
Passive subject
Prestation
Efficient cause- the juridical tie by
virtue of which the debtor has
become bound to perform the
prestation
As to capability of fulfillment
Pure obligation
Conditional obligation
Obligation with a term
Kinds of Obligation
As
a.
b.
c.
to judicial enforceability
Civil
Natural
Moral
As to subject matter
Conventional
Legal
Joint
Solidary
As to imposability of penalty
Simple
Obligation with penalty
(3) Quasi-contracts;
(4) Acts or omissions punished by law;
and
(5) Quasi-delicts. (1089a)
Art. 1160. Obligations derived from quasicontracts shall be subject to the provisions of
Chapter 1, Title XVII, of this Book.
Character of Quasi:
Art. 1162. Obligations derived from quasidelicts shall be governed by the provisions of
Chapter 2, Title XVII of this Book, and by
special laws.
Presumptive Consent
Elements:
a. There is fault or negligence on the part
of the defendant resulting in a wrongful
act or omission. Whether voluntary or
not, and whether criminal or not.
b. There is damage and injury suffered by
another person
c. There is direct causal relation between
the fault or negligence and the
resulting damage and injury
Meaning of negligence
Test of negligence
CHAPTER 2
Determinate
Accessories
Indeterminate
Accession
Compensation morae
Negligence-
Requisites:
1. that the obligation be demandable and
already liquidated
2. that the debtor delays performance
3. that the creditor requires the
performance because it must appear
that the tolerance or benevolence of
the creditor must ended
(exceptions)
(general meaning)
= the law does not allow any waiver.
Kinds of Damages:
1. Actual or compensatory damages- refer
to the adequate compensation for the
1.
2.
3.
4.
5.