Case Digest
Chapter 1
Obligation – it is a tie or bond recognized by law by virtue of which one is bound in favour of another to render something.
Juridical necessity – in case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfilment or, in default thereof, the economic value that it represents.
Civil obligations – are obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice.
Natural obligations – are obligations not being based on positive law but on equity and natural law. Essential requisites of an obligation: 1. Passive subject – the person who is bound to the fulfilment of the obligation. 2. Active subject – the person who is entitled to demand the fulfilment of the obligation. 3. Object or prestation – the conduct required to be observed by the debtor. 4. Juridical or legal tie (efficient cause) – it binds or connect the parties to the obligation.
Right – is the power which a person has under the law, to demand from another any prestation.
Wrong – is an act or omission of one party in violation of the legal right or rights of another. Kinds of obligation according to the subject matter: 1. Real obligation – is that in which the subject matter is a thing which the obligor must deliver to the obligee. 2. Personal obligation – is that in which the subject matter is an act to be done or not to be done. a. Positive personal obligation – obligation to do or to render service. b. Negative personal obligation – obligation not to do.
Sources of obligation: 1. Law – when they are imposed by law itself. 2. Contracts – when they arise from the stipulation of the parties. 3. Quasi-contracts – when 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. 4. Crimes – when they arise from civil liability
Obligation – it is a tie or bond recognized by law by virtue of which one is bound in favour of another to render something.
Juridical necessity – in case of non-compliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfilment or, in default thereof, the economic value that it represents.
Civil obligations – are obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice.
Natural obligations – are obligations not being based on positive law but on equity and natural law. Essential requisites of an obligation: 1. Passive subject – the person who is bound to the fulfilment of the obligation. 2. Active subject – the person who is entitled to demand the fulfilment of the obligation. 3. Object or prestation – the conduct required to be observed by the debtor. 4. Juridical or legal tie (efficient cause) – it binds or connect the parties to the obligation.
Right – is the power which a person has under the law, to demand from another any prestation.
Wrong – is an act or omission of one party in violation of the legal right or rights of another. Kinds of obligation according to the subject matter: 1. Real obligation – is that in which the subject matter is a thing which the obligor must deliver to the obligee. 2. Personal obligation – is that in which the subject matter is an act to be done or not to be done. a. Positive personal obligation – obligation to do or to render service. b. Negative personal obligation – obligation not to do.
Sources of obligation: 1. Law – when they are imposed by law itself. 2. Contracts – when they arise from the stipulation of the parties. 3. Quasi-contracts – when 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. 4. Crimes – when they arise from civil liability