I.
1. Obligations
According to book of the law on obligation and contract the civil code, Article
1156. An obligation is a juridical necessity to give, to do, and not to do. The term
obligation derived from Latin word obligatio means tying or binding.An obligation is
a duty or responsibilities that a person is expected to fulfill, either because of a
promise, law, or moral commitment. It is a something you are bound to do, whether it
is to help to others, follow rules, or uphold a certain standard of behavior. There are
two types of obligation, the first is a natural obligation, an obligation that is not
legally enforceable but an obligation that compels the obligor to perform due to moral
compulsion. And the second is civil obligation, this is the legal duty to do something
or not to do something.
2. Quasi- contract
According to book of law on obligation and contract of civil code of the Philippines,
Article 1157 or 1160 . Quasi-contract is a voluntary and unilateral acts which are
enforceable to the end that no one shall unjustly enriched or benefited at the expense
of another.Quasi means “as if” there is a contract. In a legal concept where the court
enforces an obligation to a person, even though no formal contract exists between the
parties. It is a created to prevent one party from being unfairly enriched at the
expense of another. Essentially, the court treats the situation as if a contract existed to
ensure the fairness and justice. For example, if someone accidentally receives money
or benefits they weren’t entitled to. The court may require them to return it under the
idea of quasi-contract.
3. Compliance in good faith.
According to the book of law in obligation and contract, Article 1159. obligation
arising from contracts have the force of law between the contracting parties and
should complied with in a good faith. It means that it acting honestly, fairly, and
sincerely in fulfilling legal obligation or agreements, it requires parties to follow the
terms of contract or legal duty with integrity, without trying to deceive, take unfair
advantage, or avoid responsibilities. Essentially, it means both parties are expected to
act in a way that is honest and consistent with the purpose of the agreement, showing
mutual respect for each others rights and expectations.
4. Wrong
In Article 1156 of civil code of the Philippines, according to its legal meaning, is an
act or omission of one party in violation of the legal right or rights of another. It is an
action or behavior that violates legal rules,rights, or duties. It can involve harming
others, or engaging in conduct deemed unlawful by society. Legal wrongs may lead to
penalties or legal consequences and can be either civil like a breaching contract or
criminal like assault or etc.
5. Solutio indebiti
In Article 1160. the solutio indebiti is the juridical relation which is created when
something is received when there is no right to demand it and it was unduly delivered
through mistake. For example, you paid the jeep and you were overcharged, it creates
the obligation to return the overcharge to the driver.
II. DISCUSSION
1. the essential requisite of an obligation is the active subject, passive subject, object
or prestation and a juridical or legal tie. For example, under a building contract, Pogi
bound himself to build a house for Ganda for P1,000,000. Here, Pogi is the passive
subject and the active subject is Ganda. And the building of the house is the object or
prestation and the agreement or contract is the juridical or legal tie.
2. The obligation under the civil code is juridical necessity because in case of
noncompliance, the court of justice may be called upon by the aggrieved party to
enforce its fulfillment.
3. The essential requisite of an obligation is the active subject, passive subject, object
or prestation and a juridical or legal tie.
4. Yes, a person can incur obligation even without entering a contract or voluntary
agreemennt. It is called quasi-contract
I.
1. Generic or indeterminate thing
It refers only to a class or genus to which pertains and cannot be pointed out with
particularly
2. Personal rights
Is the right or power of a person to demand from another, as a definite passive
subject, the fulfillment of the latter obligation to give, to do and not to do.
3. legal delay or default.
Is the failure to perform an obligation on time which failure constitute a breach of the
obligation.
4. fortuitous event
Any event which cannot be foreseen, or which, through foreseen, is inevitable.
5. diligence of a good father of a family
Is the attention and care required of a person in given situation.
II. DISCUSSION.
1. The rules as to the liability of a person for loss or damage resulting from fortuitous
event. First,When expressly specified by law . Second, when declared by stipulation
and last, when the nature of the obligation requires the assumption of risk.
2. Demand the specific performance or fulfillment of the obligation with right to
indemnity for damages.
3.
4.
5.Yes. A debtor can be put in delay and incur liability even without a formal demand
from the creditor under certain of condition.
6. An action arising from fraud is generally not waivable in the same way as some
other legal claims. This is because fraud involves deceit and dishonesty, which
undermine the integrity of the legal system.
7.An action arising from negligence can be subject to waiver, but this is typically
done under conditions.
