Philippine Civil Code: Obligations - General Provisions
BA 161 Obligations and Contracts
Midterm Summary: Title I – OBLIGATIONS
Chapter 1: General Provisions
Definition
Article 1156. An obligation is a juridical necessity to give, to do, or not to do. (n)
Sources of obligation
Article 1157. Obligations arise from
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
Article 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (OBLIGATION FROM LAW)
Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (1091a) (OBLIGATION FROM CONTRACT)
Article 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. (n) (OBLIGATION FROM QUASI-CONTRACTS)
Article 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a) (OBLIGATION FROM CRIME)
Article 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws. (1093a) (OBLIGATION FROM QUASI-DELICT)
Duties of the debtor
Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a)
Article 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it
Midterm Summary: Title I – OBLIGATIONS
Chapter 1: General Provisions
Definition
Article 1156. An obligation is a juridical necessity to give, to do, or not to do. (n)
Sources of obligation
Article 1157. Obligations arise from
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)
Article 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (OBLIGATION FROM LAW)
Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (1091a) (OBLIGATION FROM CONTRACT)
Article 1160. Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. (n) (OBLIGATION FROM QUASI-CONTRACTS)
Article 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a) (OBLIGATION FROM CRIME)
Article 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws. (1093a) (OBLIGATION FROM QUASI-DELICT)
Duties of the debtor
Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a)
Article 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it