Moewisity
OBLIGATIONS AND CONTRACTS
Title III. NATURAL OBLIGATIONS .................................................................................................................................. 103
Definition Art 1156 Obligation is a juridical necessity to give, to do or not to do.
Juridical relation which arises from certain acts that are: LAWFUL (against crime), VOLUNTARY (against quasi-delict based on negligence or mere lack of foresight) UNILATERAL (against contract in which there are two parties)
E.g.Art 2144Art 2150 Art 2154Art 2164 Art 2167Art 2168 Art 2174Art 2175
Art 2174
OBLIGATIONS & CONTRACTS | Prof. Labitag [2nd Semester, A.Y. 2008-2009]
CULPA AQUILANA (culpa extra-contractual)
Governed by Art 2176 to 2194
Negligence as a source of obligation
Fault or negligence which constitutes an independent source of obligation between parties not previously bound
Negligence of defendant should be the proximate cause of damage if liability is to attach
Karichi E. Santos | UP Law B2012
Page 9 of 110
Karichi E. Santos | UP Law B2012
REAL RIGHT power belonging to a person over a specific thing, without a passive subject individually determined, against whom such right may be personally exercised - Gives to a person a direct and immediate power over a thing, which is susceptible of being exercised, not only against a determinate person but against the whole world - E.g. rights of ownership and possession
PERSONAL RIGHT power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do
y
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law
Title III. NATURAL OBLIGATIONS .................................................................................................................................. 103
Definition Art 1156 Obligation is a juridical necessity to give, to do or not to do.
Juridical relation which arises from certain acts that are: LAWFUL (against crime), VOLUNTARY (against quasi-delict based on negligence or mere lack of foresight) UNILATERAL (against contract in which there are two parties)
E.g.Art 2144Art 2150 Art 2154Art 2164 Art 2167Art 2168 Art 2174Art 2175
Art 2174
OBLIGATIONS & CONTRACTS | Prof. Labitag [2nd Semester, A.Y. 2008-2009]
CULPA AQUILANA (culpa extra-contractual)
Governed by Art 2176 to 2194
Negligence as a source of obligation
Fault or negligence which constitutes an independent source of obligation between parties not previously bound
Negligence of defendant should be the proximate cause of damage if liability is to attach
Karichi E. Santos | UP Law B2012
Page 9 of 110
Karichi E. Santos | UP Law B2012
REAL RIGHT power belonging to a person over a specific thing, without a passive subject individually determined, against whom such right may be personally exercised - Gives to a person a direct and immediate power over a thing, which is susceptible of being exercised, not only against a determinate person but against the whole world - E.g. rights of ownership and possession
PERSONAL RIGHT power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do
y
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law B2012
Karichi E. Santos | UP Law