Part 1 General Provisions - Law on Obligation and Contracts

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[krystelpolledo]

Good day Atty. Thank you for this very informative lecture. Here are my takeaways after watching the lecture.

Article 1156 states that an obligation is a juridical necessity to give, to do, or not to do. Hence, one is bound to render something to another. Also, an obligation is a juridical necessity because it must be fulfilled otherwise, there will be a corresponding penalty for non-compliance. Furthermore, the requisites of obligation include the passive subject (debtor/obligor), active subject (creditor/obligee), juridical tie (binds or connect parties), and object or prestation (subject matter of the obligation).

Article 1157 indicates the sources of obligation and these are: law, contracts, quasi-contract, acts or omissions punished by law, and quasi-delicts.

Article 1158 states that only those obligations which are expressly provided by law are demandable.

Article 1159 talks about a contract having a force of law and that all essential elements are present. In case of breach or violation of a contract, the aggrieved party can go to court and seek for redress of his grievances.

Article 1160 states that quasi-contracts are a juridical relation resulting from lawful, unilateral, and voluntary acts (LUV). There are two kinds of quasi-contract and these are: negotiorum gestio (voluntary, without consent) and solutio indebiti (payment by mistake or when something is received when there is no right to demand)

Article 1161 states that criminal offenses shall be governed by penal laws.

Article 1162 talks about quasi-delicts as damages arising from tort which is not amounting to a crime. The requisites of quasi-delicts include fault or negligence (direct relation), act or omission (no pre-existing contract), damage caused (no pre-existing contract).

Article 1163 talks about the standard care or the diligence of a good father of a family that must be observed if the obligation consists of the delivery of a specific thing. Extraordinary care, on the other hand, is the highest standard of care observed by the common carriers and banks. Moreover, things are classified as specific or determinate (cannot be substituted if it has been lost) and generic or indeterminate (class or genus, and it can be substituted because genus never perishes – genus nunquam perit).

Article 1164 states that real right is what acquired upon delivery, while ownership is transferred from the perfection of the contract. Fruits are classified as natural fruits (spontaneous product of soil and young of the animals, without the intervention of human labor), industrial fruits (produced by land through human cultivation or labor), and civil fruits (derived by virtue of juridical relation).

Article 1165 talks about the general rule that if the thing is lost or destroyed due to a fortuitous event the obligation is extinguished except if the obligor delays or has promise to deliver the same thing to two or more persons of different interest, and if the thing is generic or indeterminate. Moreover, accessions and accessories are distinguished. Accessions refer to the fruits or additions or improvements while accessories are the things included to the principal for better use or completion.

Article 1166 states that accessory follows the principal.

Article 1167 talks about the breach of a personal obligation.

Article 1168 states that when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense.

Article 1169 is all about the concept of no demand, no delay. The exceptions are when the obligation or law so provides, when time is a controlling motive, and when demand would be useless. Furthermore, kinds of delay include mora solvendi (fault of the debtor), mora accipiendi (fault of the creditor), and compensatio morae (fault of both debtor and creditor).

Article 1170 includes the 4 grounds of liability and these are:
1. Fraud (deceit or dolo)
a. Dolo Causante (causal fraud)
b. Dolo Incidente (incidental fraud)
2. Negligence (fault or culpa)
3. Delay (mora)
4. Contravention of the terms of the obligation.

Article 1171 states that responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.

Article 1172 indicates the kinds of negligence according to the source of obligation and these are: contractual negligence (culpa contractual), civil negligence (culpa aquiliana), and criminal negligence (culpa criminal)

Article 1173 states that if the contract is silent, the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required except if the thing is a genus and if the thing needs an extraordinary care.

Article 1174 indicates the requisites of a fortuitous event and these are: (1) independent of a human will or at least of the debtors will, (2) the event could not be seen, or if foreseen, is inevitable, (3) impossible for the debtor to comply with his obligation in a normal manner, and (4) there is no concurrent negligence on the part of the debtor.

Article 1175 states the requisites of recovery of interest and these are: payment of interest expressly stipulated, written agreement, and the interest must be lawful.

Article 1176 states that the presumption will be only applied if the prior installments have been paid and only if the receipt indicates which month the payment is being made for.

Article 1177 talks about the remedies available to creditors for the obligation is a mere hope possibility of termination satisfaction of their claims. These include the exact fulfillment with the right to damages, pursue the debtors leviable property, exercise all the rights and bring all the actions of the latter for the same purpose, and impugn the acts.

Article 1178 states the general rule that all rights are transmissible except if it is prohibited by law, and prohibited by the stipulation of the parties.

[jhaycie]

Thank you for the compact recoded discussion, attorney. It really helped a lot for me to understand the texts in the book. The very thing that I remembered the most is "Article 1165 states that an obligation is a juridical necessity to give, to do, or not to do." That gave me the "Ahhhh" moment, when I realized why your channel was named like that.

An obligation "to give" means that there is delivery of a thing; "to do" means performance of something; and "not to do" is the prohibition of doing an act, and this also includes "not to give".

In total, there is only two sources of obligation: the law and contracts; the other three: delicts, quasi-delicts, and quasi-contracts, are already included in the "law".

The requisites of an obligation are: passive subject (debtor), active subject (creditor), object or prestation (subject matter), and juridical or legal tie (efficient cause).

[leighzyqt]

Galang, Leigh Nicole S.
Pamantasan ng Cabuyao
1 BSA - A

Good Day Atty. Reyes! After watching your video, I learned that in obligations there is a set of rights, the right of debtor and the right of creditor. I was enlighten by your discussion and I know that this is not enough because we have a lot to know and experience. I also learned and understand the meaning of juridical necessity the four requisites of an obligation, the kinds of obligation, the real obligation and the personal obligation. I have also learned that obligation arises from law, contracts, quasi-contracts, delicts, and quasi-delicts. Thank you for the knowledge Attorney!

[genevievealindogan]

Alindogan, Genevieve M.
1BSA-A

Thank you for this video, Atty. This video really helped me to deeply understand the topics. It explained the article 1156, wherein it stated the definition of an obligation. An obligation is a juridical necessity to give, to do or not to do. Obligation means that one is bound to render something to another. This video answered my question before, why an obligation is a juridical necessity. I found out that it is because an obligation must be fulfilled or performed, otherwise there will be a corresponding penalty for non-compliance. Means that if an obligation was violated then it gives the other party a remedy to go to court and ask for a particular relief. That also means he can evoke the power of the court to order the other party to comply with the obligation. I knew the different prestation and its corresponding definition. To give means the delivery of something, to do means the performance of an act, and not to do, it is the prohibition not to perform a certain act. In this video, I learned that the obligation not to give is actually included in the obligation not to do. I also took in the requisites of obligation. These are the following:
1. Passive subject- it is the party which is bound to perform the obligation
- it is the debtor in obligation
2. Active subject- it is the one who is interested in the performance of an obligation.
3. Juridical/Legal tie- Is what binds or connect the parties. It is the efficient cause. This is the legal relationship between the parties.
4. Object- It is the subject matter in an obligation. It may consist in giving, doing or not doing.

In addition to this, the kinds of obligation: Real obligation and personal obligation. Real obligation (consists of an obligation to give) involves delivery of something while the personal obligation (consists of an obligation to do) involves rendering some service.

Positive Personal Obligation- do to
Negative Personal Obligation- not to do

Moreover, Article 1157. This article stated that an obligation arise from:
1. Law
2. Contracts
3. Quasi-contracts
4. Acts or omissions punished by law; and
5. Quasi-delict

These are the sources of an obligation:

Law- defined as a rule of conduct, just an obligatory, promulgated by a competent authority, for the common observance and benefit.
Contracts- These are the agreements. These are covenants entered into by private individuals.
Quasi-contracts- It is not a contract but there exist juridical relation resulting from what is called LUV:
L-awful
U-nilateral
V-oluntary Acts

2 kinds of Quasi-Contracts
Negotiorum Gestio- voluntary; without consent
Solutio Indebiti- payment by mistake, received by mistake, return to the owner

Acts or omissions punished by law- if you have committed certain acts or you refuse to perform a certain act which is required to be done by the law then you commit criminal offense. Criminal offense shall governed by laws which is also a source of an obligation.

Quasi-delict-obligations arising from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exist between the parties.


Article 1158. Only those obligations which are expressly provided by the law are demandable.


Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Compliance in Good faith- performance according to terms of contract between parties.

Article 1160. Obligations arising from contracts.

Article 1161. Obligations arising from crimes.

ALL CRIMINAL VIOLATION HAS A CORRESPONDING LIABILITIES


Scope of liability
Restitution- returning the value of something lost/stolen
Reparation- paying damages caused
Indemnification for consequential damages- paying other damages



Article 1162. Obligations arising from quasi-delict.
Requisites of quasi delicts
Fault or negligence- direct relation

Act or omission- no pre-existing contract

Damage caused- no pre-existing contract
Direct relation of cause and effect between the act or omission and the damage

Criminal Liability- fine/imprisonment
Civil- form of restitution/returning the value

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.

If the obligation consist of delivery of a specific thing then, the law imposes a diligence of a good father.

Diligence of a good father- it is borrowed from the Roman Law Concepts wherein only men can enter in a contract in the society)
- It is the default care
Incidental duty- that duty comes with it
If a person who is obliged to give something and not obliged of that object then the obligation will be rendered nugatory.
Extraordinary care. It is the highest standard of care observed by the common carriers(public utility vehicles)
Specific/Determinate thing- it has a sufficient particularity and cannot be substituted when lost
Generic/Indeterminate thing- class or genus and can be substituted.
This article will apply only incase that the object to be delivered is a determinate thing.


Article 1164
- Real right is what acquired upon delivery, while ownership is transferred from the perfection of the contract.



DIFFERENT KINDS OF FRUITS


Natural fruits- spontaneous products of soil, and the young and other product of animals.
- product without the intervention of human labor


Industrial fruits- produced by land through cultivation of labor


Civil fruits- derived by virtue of a juridical relation



Article 1165- Only apply for determinate thing.
Article 1166-
Accessions- fruits of a thing
- not necessary to the principal thing
- Accessories- things included with the principal thing

- Civil law principle: Accessory follows principal

Article 1167- If a person obliged to do something fails to do it, the same shall be executed at his cost.
Article 1168- In an obligation not to do, the duty of the obligor is to abstain from an act.
Article 1169- NO DEMAND, NO DELAY


Article 1170
Grounds for liability:
Fraud(Deceit or dolo)- Intention evasion of the normal fulfillment of an obligation

2 types of fraud

Incidental fraud(dolo incidente)
Causal fraud(dolo causante)

Negligence(fault/culpa)- It is any voluntary act or omission, there being no bad faith or malice
Delay(mora)- Failure to perform an obligation on time which failure constitutes an obligation
Contravention of the terms of the obligation- This is the violation of the terms and conditions stipulated

Article 1171-
Waiver of action for future fraud void- it allows the performance of fraud in the side of the debtor.
Waiver of action for past fraud valid- it is an act of generosity and magnanimity from the part of the creditor.
Article 1172- Validity of waiver of action arising from negligence- it is the standard of care, the ordinary care, the diligence of a good father of a family.

[maryabaja]

Thank you for the lecture, Atty.
These are things that I’ve learned after watching this video, “Article 1156 an obligation is a juridical necessity to give, to do or not to do.” To give means to deliver of something, to do means to perform an act and not to do is the prohibition of not to perform a certain act though the obligation not to give was not included in the definition provided by law, to give is actually included in the obligation not to do. Obligation is bound to render something to another that means obligations must be performed otherwise there will be corresponding penalty. These are the Requisites of obligation Passive Subject the debtor, Active Subject the creditor, Juridical Tie this is legal relationship that binds both parties and last is the object this is the subject matter in the obligation.

Under Article 1157 in this civil code there are several sources of obligation or where the obligation arises first is the Law, second is Acts or Omissions punished by Law, third is Contracts, next is Quasi-contracts or no contract ad last is Quasi-Delicts means arises from damages. Quasi-Contracts has two types the first one is the Solutio Indebiti which means received by mistake and the other one is Negotiorum Gestio it’s voluntary it takes charge of the property of another. In Article 1158 only those obligations which are expressly provided by law are demandable which means that if a particular act has not been ordered by law or has not been expressly provided by law then such an obligations is not presumed to exist which means if it is not included or promulgated as a law there’s no obligation at all. Under Article 1161 Criminal offenses shall be governed by penal laws. Every crime or all criminal violations has a corresponding civil liabilities or what they called Criminal Liability which pertaining to imprisonment.

Under Article 1163 It is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. Diligence of a good father of a family was borrowed in the Roman law concept which means only men can enter to a contract in the society.

Under Article 1164 Real right is what acquired upon delivery, while ownership is transferred from the perfection it is an incidental duty to preserve a thing of the contract. There are 3 types of fruits first is the natural fruits it is spontaneous products of soil and young of the animals without the intervention of the human labor, second is the industrial fruits produced by land through human cultivation or labor and last is the civil fruits it’s derived by virtue of juridical relation.

Under Article 1170 there are 4 Grounds of Liability, first Fraud (deceit or dolo) it’s deliberate or intentional evasion of the normal fulfillment of an obligation under this it has two Dolo causante (causal fraud) and Dolo incidente. Next is Negligence (fault or culpa), third is Delay (mora) and last is Contravention of the terms of the obligation covers all form of violation. Article 1172 kinds of negligence according to source of obligation, Contractual negligence (culpa contractual), Civil negligence (culpa aquiliana) and Criminal negligence (culpa criminal) imprisonment and payment of damages is the punishments.

ABAJA, MARY RENE D.
BSBA- HRM3A

[milliezelambubuyog]

AMBUBUYOG, MILLIEZEL V.
BSBA HRM - 3B

Although the video is too long to be watched, Sir Reyes really explained it well.
Oblicon opened my eyes to the good side of law. I was able to understand the different rights we have and the circumstances wherein we could benefit from them.
In this video, I also learned that the Business Law Obligation and Contract refers to what is legally required of each of the parties involved in a contractual agreement. The law requires individuals who enter into legal agreements to uphold their end of the contract. In business contracts and other types of contracts, one party has the right to pursue legal action against the other if he or she breaches the agreement.

Thank you Sir! More power po!!!😇

[annaztaciaortega]

Ortega, Annaztacia
1BSA-A

Thank you atty. Actually I watched your videos 4 times to be able to fully understand. I've learned a lot from your videos starting from the Introduction to Law so I write a summary of the lesson. Under Article 1156, the definition of obligation is a juridical necessity to give, to do, or not to do. The obligation not to give was not included in the definition provided by the law. There are requisites of obligation, the passive subject which are the debtor and active subject which are the creditor. The passive subject is the person who is bound to performed obligation while the active subject is the one interested in the performance of the passive subject. The third requisites is the juridical tie which binds or connect the parties and the last is the object, it is the subject matter. There are also kinds of obligation, a real obligation involves the delivery of something to another person while personal obligation involves rendering some service. Under the civil code and article 1157, there are several resources of obligation. The obligation arises from law, acts or omissions punished by law, contracts, quasi-contracts, and quasi-delicts. Under 1158, not only those obligations which are expressly provided by law demandable which means that in particular act has not been ordered by law or has not been expressly provided by law then such obligation is not presume to exist. Under 1160, in quasi-contracts it is a juridical relation resulting from lawful, unilateral, and voluntary act. There are two kinds of quasi-contracts which are the negotiorum gestio means that voluntary or without consent, and solutio indebiti which means that receive by mistake, or return to the owner. Under article 100 of the revised Penal Code in every crime, all criminal violations has a corresponding civil liabilities. Under 1162, Civil liabilities includes restitution, reparation, and indemnification. There are also requisites of quasi-delicts which are the fault or negligence, act or omission, and damaged caused. Under the article 1163, it is an accidental duty to preserve a thing with ordinary care (diligence of the good father of the family) to ensure the delivery of an obligation and prevent negligence of the debtor. Under 1164, the obligation to deliver fruits arises when the time of the perfection of the contract, obligation is subject to suspensive condition, contract of sale, and from law, quasi-contracts and delics. There are natural fruits, industrial fruits, and civil fruits. Under the article, there are personal right that enforceable against particular person and real right enforceable directly against the world. There are also 3 essential requisites on the perfection of contracts under the article 1164, these are the consent, object, and payment of consideration. Under 1165, there are remedies of creditor in real obligation, the specific real obligation that can demand payment of damage, and general real obligation can be performed by third person and can recover damage in case of breach. The general rule of article 1165 is that if the thing is lost or destroyed due to fortuitous event the obligation is extinguished. There are also exceptions in this general rule, it is the delay, promise to deliver the same to 2 or more persons of different interest, and generic thing. Under 1166, there are accessions that pertains to fruit or additions or improvements while accessories pertains to the principal for better us or completion. Under article 1167, this article is about the breach of a personal obligation and under the 1168, when the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Under 1169, it is the no demand, no delay. There are two distinctions, the ordinary delay which is the failure to perform an obligation on time, there is no punishment while legal delay it results to breach of contract. There are also kinds of delay it default, these are the moral solvendi which the fault of the debtor, mora accipiendi which the fault of the creditor, and the compensatio morae which both have. Under the article 1170, there are 4 grounds of liability, these are the fraud (deceit or dolo), negligence (fault or culpa), delay (mora), and contravention of the terms of the obligation-covers all form of violation. And under the article 1171, responsibility arising from fraud is demandable in all obligations, any waiver of an action for future fraud is void. These are the waiver for future fraud is void, waiver for past fraud is valid, and waiver arising from negligence is valid. Under 1172, there are kinds of negligence according to source of obligation which are the contractual negligence (culpa contractual), civil negligence (culpa aquiliana), and criminal negligence (culpa criminal). Under the article 1173, if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. And lastly, under 1174, the general rule is that obligation is extinguished if the loss of the thing is due to a fortuitous event. Under 1175, there are also requisites of recovery of interest which are the payment of interest is expressly stipulated, written agreement, and the interest must be lawful. Under 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments. Under the article 1177, there are remedies available to creditors for the obligation. Under article 1178, the general rule is all rights are transmissible. That's all.

[glendaangelalucaba]

Lucaba, Glenda Angela N.
1BSA-A

First and foremost, I would like to thank and acknowledge the effort of Atty. Reyes for creating this video and letting everyone in this community like us, to learn what is Law on Obligations and Contracts is all about.

Upon watching this video, I learned how broad obligations take part in our law specially when it stresses the duty of the obligor in its fulfillment. I learned that when someone binds himself to someone, do something unlawful and even because of his negligence, he should comply and follow what has been ordered whether he likes it or not because in case of non compliance, there will be a corresponding penalty like having to pay for damages, or worse imprisonment. Article 1156 has a profound influence in every one of us even in the things we never thought would be, or already is our obligation. One of the topics that really caught my mind is where obligations arise from, I learned that there is really no exemption in the law, whatever we do publicly, privately, or even between parties, we should be responsible and be mindful because there will always be a punishment if we seek to take advantage of the things or people that we shouldn't be. People sometimes forgot how to act in accordance with the law, but this video really helps in educating everyone not just students, to be knowledgeable and aware about our duties in our self, in the community and in our country.

I also learned that the fulfillment of an obligation always comes within the diligence of a good father. A person is not just obliged to comply with his duties but also to take of the object with standard or extraordinary care according to the agreed stipulation. Besides, an obligation to fulfill with the diligence of a good father should always be specific and not generic or else it will be unconsiderable, however a fortuitous event will not exempt the obligor from the obligation specially when the object is generic. Aside from that, in a contract of sale when it is already perfected, the accessions, accessories, and fruits should always follow the principal even when it is not stated in the contract.

In conclusion, I honestly learned a lot from this video and what I think is the greatest thing it did to a student like me is the realization of how our law works along with its conditions, rest assured that all of our learnings in this video will always be kept in our minds and heart. Thank you again, Atty!

[ljanealburo]

Alburo, Laurice jane
BSA 2A


This discussion starts from article 1156 to 1178
summary of my learning

article 1156- 1160
discussed about definition of obligation, its requisites, kinds and sources

1160-1165
tackled about crimes, its difference to quasi delics.
understanding what is the standard care to be observe and object as a specific and determine thing also real and personal right.
understanding the civil law principle .
and then the obligation to deliver fruits, what is fruits its kinds .
what specific and generic obligation can demand.
knowing what id accesions and accessories.
also the general rule and its exemption

1166-1178
intoduce me about breach of contract topics that underlies with it, throughout this article I've encountered interesting latin words that related to the topics specially in kinds of delay and the rest .
i also learned that topics of obligation have their exception..

thank you sir this is a very good introduction to law on obligation u made it smooth and not hard to comprehend, we hope it stays this way.

[jerwinpagela]

Pagela, Jerwin B. | 1BSA-A

This video taught me a lot about the articles or the general provisions. First is about the obligation. It gave me an much better understanding what is an obligation. Next is where are obligations coming from. I found out that there are 5 sources of obligations namely: (1) Law, (2) Contract, (3) Acts or Omissions, (4) Quasi-contracts and (5) Quasi-delicts. The following articles, specifically 1158-1162, gave me a much elaborated insight on how are obligations arise from these sources.

Overall, this video introduced everything about the general provisions to me clearly. However, if there's one thing that I can say I am grateful I knew of because of this video, it would "Ignorance of the law excuses no one".

[miyabaranda]

Dacillo, Mia France
1BSA-A

Thank you, Attorney. For making a video to fully understand what the law of obligation and contract is.

I’ve learned that in Article 1156. An obligation is a juridical necessity to give, to do, or not to do. when you say obligation that means that you are bound to render something to another. Juridical necessity means that obligation must be fulfilled or performed otherwise there will be a corresponding penalty for non-compliance. The obligation not to give was not included in the definition provided by law. There are requisites of obligation, the passive subject, active subject, juridical tie, and object. The presence of a passive subject or debtor is the party which is bound to perform the obligation. On the other hand, the active subject or the creditor in an obligation is the one who is interested in the performance of the obligation. The juridical tie, the juridical tie is what binds or connects the parties this is the legal relationship between the parties know what connects the parties together is what we call the juridical ties. The last requisite of an obligation is the object, the object is the subject matter in an obligation. There are different kinds of obligations it is real and personal, the real obligation consists of an obligation to give, while the personal obligation consists of an obligation to do or not to do. In other words, a real obligation involves the delivery of something to another person, while a personal obligation involves rendering some service. Under Article 1157, there are several sources of obligation, the obligation arises from law, acts or omissions punished by law, contracts, quasi-contracts, and quasi-delicts. Under Article 1158, only those obligations which are expressly provided by law are demandable which means to say that if a particular art has not been ordered by law or has not been expressly provided by law then such obligation is not presumed to exist. Under Article 1159, a Contract has the force of law as long as all the essential requisites of a contract are present. As long as all the essential requisites for its validity that it has the force and effect of law. In case a contract is violated or breached then the aggrieved party can go to court and seek for redress of his grievances. The concept of compliance in good faith, it says that in relation to contracts that means you have to perform obligation according to the terms and conditions of the contract. In article 1160, In quasi-contracts is not a contract but there exists a juridical relation resulting from what it called a luv. Lawful, Unilateral, and Voluntary Act. There are two kinds of quasi-contract, negotiorum gestio means voluntary without consent, and solutio indebiti means received by mistake, return to the owner. Under article 1161, civil liabilities it can be in a form of restitution means you have to return the property stolen, or in case that the property is no longer available, or the property is considered as loss then it will just have to pay or return for the value of the property. Under Article 100 of the revised penal code every crime, all criminal violations have a corresponding civil liability. Under Article 1162, quasi-delicts are damages to another person without a contract. There are requisites of quasi-delicts which are the fault or negligence, act, or omission, and damage caused. Also, there is a comparison between crime and quasi-delicts. Crime may involve intention while quasi-delict it’s the source of criminal liability is negligence. Under article 1163, it is an accidental duty to preserve a thing with ordinary care or with the diligence of the good father of the family, to ensure the delivery of an obligation and prevent negligence of the debtor. Under article 1164 the rights of the creditor to the fruits. Where real right is a right to use to prevent others from using it, will be acquired upon the delivery, meaning the right that has when they give birth to a contract it is only. personal right is a right to make someone perform some act or prevent someone from performing it. The ownership is transferred at the time when the terms and conditions of their agreement have been perfected. There are also 3 essential requisites on the perfection of contracts under article 1164, these are consent, object, and payment of consideration. In article 1165 it talks about the remedies of the creditor in real obligation, states that the creditor has granted a right or power to compel the debtor to make delivery. But it cannot use violence and force it must bring to the court so that the court will be the one to order the delivery. Under article 1166 “accessories follow the principal” means all accessions and accessories are considered to be included in the obligation to deliver in a determinate thing although they may not have been expressly mentioned this is because of the principle that accessory follows the principal. In article 1167 it is about the breach of a positive personal obligation and article 1168 is about the breach of a negative personal obligation. Under article 1169 “no demand no delay”. There are three kinds of delay such as mora solvendi, mora accipiende and compensation morae. No delay at negative personal obligation means obligation not to do, if he did it, still no delay but an only violation. Under article 1170, there are 4 grounds of liability, these are fraud (deceit or dolo), negligence (fault or culpa), delay (mora), and contravention of the terms of the obligation-covers all form of violation. Under article 1171, fraud a waiver for future fraud is void while in past fraud it is valid. Under article 1172, Negligence a waiver on negligence is valid the standard of care is ordinary care or proper diligence of a good father of the family, refers to culpa contractual. Under article 1173, if the contract is silent the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. And lastly, under 1174, the general rule is that obligation is extinguished if the loss of the thing is due to a fortuitous event. Under article 1175, requisites of recovery of interest which there must be are the payment of interest is expressly stipulated, written agreement, and the interest must be lawful. Under article 1176, it is presumed that the prior installments are already paid even without its receipts even there are later installments. Under article 1177, there are remedies available to creditors for the obligation. Under article 1178 states that all rights are transmissible. All right may be transferred except prohibited by law and in the stipulation of the parties.


THANK YOU PO, SIR <3

[kimberlyyrahmarjes]

Marjes, Kimberly Yrah R.
1 BSA-B

Thank you Atty. for clearly and understandably discussing the general provisions. We truly appreciate it as we learned that 1156 simply defines obligation as a juridical necessity to give to do or not to do, wherein as a juridical necessity, it offers right to the aggrieved party to call upon courts of justice to enforce what has been agreed.While 1157 provides the sources of obligation. Having the fist one in 1158, the legal obligation which imposed that having no clear provision of the law is having no obligation. Obligation arising from contracts was the 2nd, wherein according to 1159, the agreement or contract between 2 parties is in effect or has the force of the law and should be complied in good faith. 1160 also imposed how a party became bound to another because of quasi-contracts or due to another's voluntary, lawful and unilatiral act. As I have learned, Negotiorum gestio obliged the party reimburse the expenses of the person who voluntarily manage his property even without his consent while solutio indebiti imposed that a party who received a mistake payment has an obligation to return it.In 1161, the obligation came from commission of act or omission which give rise criminal and/or civil offenses.Lastly, 1162 obligation from quasi-delicts as the last source of obligation. The law imposes that when a party causes damages or injury to another due to fault or negligence, this article obliged the person who cause damages to be liable to the injured party and has to answer for damages. Discussing the nature and effect of obligation taught me that the obliged party has an incidental duty to take of the thing with a proper diligence. The diligence may be stipulated at the agreement or expressed by the law. However if both are silent, it is required to exercise the diligence of a good father. The video also help me differentiate the three fruits such as natural, industrial and civil. Hearing about the accessories follows the principal made me understand the concept of accessories and accessions under the law. This video also helped me understand and how a party can be liable and the concepts on how and when the court can mitigate the payment of damages in case of fraud, delay, a fortuitous event, negligence or in contravention of the tenor as well as having the obligation performed in poorly manner.
Thank you and God bless po😊

[mariejovego]

Good evening Sir. I'm Mariejo G. Vego from BSA-2A.

Here are the some key points that I've learned in the topic general provisions of law on obligations and contracts. First Article 1156 states that an obligation is a jurdical necessity to give, to do or not to do. It means that obligation is bound to render something, perform and not to perform a certain act. Obligation is juridical necessity because in case of non compliance, the other party can go to court and invoke the power of it to order another party to comply. Passive subject define as the party who is bound to fulfillment of the obligation while active subject is the person entitled to demand the fulfillment of the obligation. Juridical tie is the one who connects both parties and object is the subject matter. There are two (2) kinds of obligations, real and personal. In real obligation, subject matter is to deliver something to another person while in personal obligation subject matter is an act to do (positive obligation) and not to do (negative obligation). The five (5) sources of obligations are law, acts or omissions punished by law, contracts, quasi-contract and lastly the quasi delicts. I've also learned that only obligations which are expressedly provided by law are demandable and in contrast if it is not ordered by law it is non demandable and not presumed to exist. Civil liablity and criminal liability are different from each other. If someone commits a criminal violations, he can be imprison or pay a fine but if someone has civil liabilities he just need to return the value and pay the damage cause. Article 1163 says that if someone is oblige to do something, the law also gives him an incidental duty to take care of the object or the property. Common carriers has the highest standard of care since they are oblige to observe extraordinary care because the law wants to protect the general public. Same goes with financial institutions, to protect the deposits or the money of the public, they need to observe extraordinary care. Lastly I learned that the debtor is not liable if the failure to preserve the thing is due to fortuitous event which cannot foresee and prevent by anyone.

Thank you Sir for the effort and learnings ☺️

[maryrosearlantico]

Arlantico, Mary Rose C.
1 BSA-A

Good day, Atty. Reyes. Thank you for making this video, for us to understand the General Provisions and the Nature and Effects of Obligations. And here are what I learned after watching the video.

Article 1156 state that obligation is a juridical necessity to give, to do or not to do. The statutory definition of obligation is one who is bound to render or deliver something to another. On the other hand, juridical necessity, means that obligation must be fulfill or perform by other party otherwise there will be a corresponding consequences and penalties for the non-compliant. In addition, if the obligation has not been performed or it was violated by the non-compliant then it gives the other party to go to a court and ask for particular relief.
Prestation
To give- the delivery of something
To do- it pertains to performance of an act
Not to do- it is the prohibition not to perform a certain act
Obligation not to give was not included in the definition give by the law, but it is actually included in the prestation not to do.
Requisites of Obligation
Passive subject- the debtor or the obligor, a person who is bound to perform the obligation
Active Subject- the creditor or the oblige, one who is interested in the performance of obligation, person who is entitled to demand for the fulfillment of obligation
Juridical Tie- the legal relationship between the parties, it binds and connect the parties together
Object- or the prestation, it is the subject matter in obligation
Kinds of Obligation
Real obligation- prestation to give, it involves delivery of something to another person
Personal Obligation- involves the prestation to do and not to do
Article 1157
There are several sources of obligation
(1)Law, a rule of conduct, or a system of uniformity, just and obligatory, promulgated by a competent authority, and for common observance and benefit; (2)Acts or Omissions punished by law- if a person have committed certain acts or refuse to perform a certain act which is required to be done by the law, it means that the person committed a criminal offense; (3)Contracts- it is a meeting of minds entered into by private individuals, a private agreement between two individuals who bind themselves based on the terms and conditions of the agreement; (4)Quasi-contracts- a juridical relation resulting from lawful, unilateral and voluntary act. It is a semi-contract, a contract that exist by order of a court, not by the agreement of the parties. There are 2 types of quasi-contracts: Negotiorum Gestio (voluntary takes charge) and Solutio Indebiti (payment by mistake); (5)Quasi-delicts- damages arises from tort or civil acts which is not amounting to crime
Under the Article 1158, only those obligations which are expressly provides by law are demandable, which means that if a particular act has not been ordered by law or has not been expressly provided by law, then obligation is not presume to exist.
Under the Article 1159 is obligation derived from contracts.
Compliance in good faith – it is the performance according to terms and conditions of contract between the parties.
Under the Article 1160, obligation derived from quasi-contract
Article 1161
Criminal offenses- shall be governed by penal laws
Scope Civil liabilities included:
-Restitution
-Reparation
-Indemnification
Under the Article 100 of the revised penal code, every crime, all criminal violation has a corresponding civil liability
Under the Article 1162, is the definition of the quasi-delicts (cause damages to other without contract)
Requisites of Quasi-delicts
-Fault or Negligence
-Act or Omission
-Damaged caused
NATURE AND EFFECT OF OBLIGATIONS
Article 1163
It is an incidental duty to preserve a thing with ordinary care (diligence of a good father of a family) to ensure the delivery of an obligation and prevent negligence of the debtor. Furthermore, parties can stipulate another standard of care. If the obligation consists of delivery of specific thing, then the law imposed or requires the diligence of a good father of a family. Diligence of a good father of a family is the standard care or the ordinary care. While, extraordinary care is the highest standard of care observed by the common carries and bank.
Article 1163 will apply only the diligence of a good father of a family if the object is determinate or specific, but if the object is generic then there is no obligation on the part of the obligor or debtor.
Two types of Object
1.Specific/ Determinate- it has a sufficient particularity and it cannot be substituted if it has been lost
2.Generic/ Indeterminate- do not need to exercise the diligence of a good father of a family because genus does not perish (genus never perish)
“Debtor is not liable if failure to preserve the things is due to a fortuitous event”
Fortuitous event is not foreseeable, even if is foreseeable it is inevitable.
Article 1164
Consists of the three different kinds of fruits:
1.Natural fruits- it is the spontaneously products of soil and young of animals, without the intervention of human labor
2.Industrial fruits- it is a fruit produced by land through human intervention, cultivation or labor.
3.Civil fruits- derived by virtue of juridical relation
Under the Article 1164 is the ‘Personal right’ or the process of the creditor to enforce and demand against a particular person or the debtor and ‘Real right’, the interest of the creditor over a specific thing without debtor, it is also enforced directly against the world.
“Accessory follows the principal”
-Means that once the contract has been perfected then the debtor is now bound to deliver the fruit of the principal.
Under the Article 1165 and the general rule that if the thing is lost or destroyed due to fortuitous event the obligations is extinguished. It means that debtor is not responsible if the things is destroyed because of the fortuitous event. But there is also an exception to the general rule: if the debtor has incurred delay, promised to deliver the same to two or more person of different interest, and if the thing is generic.
Article 1166
Under the Article 1166 is the obligation of deliver a specific or determinate thing that includes the obligation to deliver accessions and accessories. Accessions are the fruits or additions or improvement. While accessories are the things included to the principal for better use or completion.
Article 1167 – Article about the breach of a personal obligations.
Article 1168- When the obligation consists is not doing, and the debtor does what has been forbidden him, it shall also be undone at his expense.
Article 1169
Under the Article 1169, is the principle of ‘NO DEMAND, NO DELAY’, which means that there will be no delay is one party is not ready to comply with his part of the contract.
Article 1170
Under the Article 1170, are the four grounds of liability.
1.Fraud, it is the deliberate or intentional evasion of the normal fulfillment of an obligation, it consists of dolo causante (casual fraud) and dolo incidente (incidental fraud)
2.Negligence, it a voluntary act or omission, it prevents the normal fulfillment of an obligation
3.Delay (mora), a failure to perform the duty on due date and time.
4.Contravention of the terms of the obligation
Article 1171, the responsibility arising from fraud that is demandable in all obligations.
Article 1172, is about the responsibility arising from negligence in the performance is demandable. There are three kinds of negligence:
1.Culpa contractual or the contractual negligence resulting in a breach
2.Culpa aquiliana or the civil negligence
3.Culpa criminal or the criminal negligence, a crime that is committed by negligence
Article 1174- the requisite of a fortuitous event, in which the obligation is extinguished if the loss of the thing is due to fortuitous event.
Article 1175, the requisites of recovery of interest such as: payment of interest is expressly stipulated, written agreement and the interest must be lawful.
Article 1176, is about presumption, and it will be only applied if the prior installments have been paid and only if the receipt indicates which month the payment is being made of.
Article 1177, is about the remedies available to creditors or oblige for the obligation is a mere hope possibility of termination satisfaction of their claims.
Article 1178
Under the Article 1178, it states that all rights are transmissible, except if it is prohibited by law and and prohibited by the stipulation or agreement of parties.

Thank you!

[rinalagera]

Lagera, Rinalyn A. 1BSA-A


I've watched this video for 3 times so I can understand it better.
After I watched this video I have gain new knowledge which will be very helpful for me.
One of my favorite lesson or article is The Article 1156, wherein it states that an obligation is a juridical necessity to give, to do, or not to do. Based on what I've learned its all about the obligation of the debtor and Juridical necessity means the debtor must comply with his obligation if not there will be a sanction or punishment for non-compliance. More over, I've learned the different requisites of an obligation and that is the Passive, active subject, object and the juridical tie.
Next based on the video article 1157 pertains to obligation arises from Law, contracts, Acts or omission punished by law, quasi-delicts, quasi, contracts. Before, this new words was very hard to understand but because of this video, little by little I can understand it and distinguish it from another.
Lastly, there is one part in the lesson that strikes me and that is, "Ignorance of the law excuses no one" We as a citizen in our community we should not be ignorant to the law, every one of us is responsible and obligated to know the law. We cannot say that we dont even know about the law because that's our responsibility. Thank you for this video it reminds me that I should know the law for the betterment of the community and for my own sake also.

[recylineramos]

Ramos, Recyline A
BSA 2-A
Upon watching this episode, these are the key points of every article that I learned;
1. Article 1156, An obligation is a juridical necessity to give, to do or not to do. Obligation is a juridical necessity, because once the debtor is not complying to the agreed terms in the contracts, he/she will be considered as a violator and it has a corresponding penalty for that. There are four (4) requisites of an obligation. First is the passive subject, called as the debtor. It refers to the person who is bound to fulfill the obligation. Secondly, active subject or the creditor. Person who entitled to demand the fulfillment of the obligation. Third is the object, the subject matter in obligation and it is the one that is observed by the creditor. And last is juridical or legal tie that serves as the thing that connects the parties to the obligation. Scope of this article is the kinds of obligation in the subject matter; Real obligation is the obligation that obligor must deliver something or to give something to the oblige. Personal obligation is rendering services and is an act to be done or not to be done.
2. Article 1157, under this article, we have five sources of obligations. (1) The Law defines as a rule of conduct that promulgated by the authority in order to maintain the observance of the common good. (2) Contracts are the agreement between two (2) private parties or individuals based on their terms and agreements. (3) Quasi-contract is a kind of source that doesn’t have agreement but have a contract as a result of lawful, voluntary and unilateral acts. Under quasi-contracts, we have two kinds and those are; Solutio indebiti, defines as a mistake of payments, an error to pay the right person or having excess payments. As a result of this, the debtor must return the excess money or give the payment to the right person or else he/she will be penalized. Negotiorum gestio is the management of the property without the knowledge of the owner. (4) Acts or omissions punished by law is the criminal offense and acts punished by the law. (5) Quasi-delict is arising from the damage caused to another.
3. Article 1158, it includes the compliance of good faith that has a meaning of the performance with the accordance of the contracts between two parties. Contract has the force of law as long as the essential requisites are present. Both parties must have to act based on what their contract says, if one of them or both violated the contract, criminal offense shall be governed.
4. Article 1159 states that obligations that is in the contracts have the authority of law between both parties and must apply the compliance of good faith.
5. Article 1160 treats the obligations of both parties that has risen from the quasi-contract that they agreed on.
6. Article 1161, it deals with civil liability for damages from crimes. According to this principle, every person that violates the law has a corresponding civil liability. It may be an imprisonment or payment of fine. Scope of civil liability includes; Restitution or you have to return the stolen property. In case the stolen property is already gone, debtor must pay the value that has stolen. Reparation for the damage caused or to pay the damages caused by inconvenience that the commission of crime has cost. Last is the Indemnification or payment for consequential damages.
7. Article 1162 is about involving to quasi-delict. Before a person can be held liable for quasi-delict, there must be an act, fault or negligence, damage-caused, there is no pre-existing contractual relation, and there must be a direct relation of cause and effect between the act and the damage. This article also states that once a person is under quasi-delict, the obligor must pay the damage that he has done.
8. Article 1163 is about taking care of their obligations. Obligor must have a diligence of a good father of the family or have ordinary care to deliver the subject that obliged you to do.
9. Article 1164 is about the obligation regarding the delivery of fruits. Obligor must delivery fruits when; the time of the perfection of the contract, is subject to suspensive condition, contract of sale, and from law, quasi-contracts, delicts and quasi-delicts. In this article, it addressed the three (3) different kinds of fruits; Natural fruits that are the spontaneous products that don’t need the intervention of human labor. Industrial fruits are the products that resulted from the lands or agricultural works of farmers. And last is the Civil fruits that derived from thing operated by law, examples are rents and leases of lands and other properties.
10. Article 1165 have 2 kinds of remedies or rights in case the debtor fails to comply with his obligations. First is the specific real obligation that the debtor has the right to indemnity, the right to recover the damages or to pay the damages that he has done. Second is the generic real obligation defines that creditor cannot force the debtor to make or to take the delivery but can only ask for the performance of the obligation.
11. Article 1166 has the meaning of Accessions and accessories. Accessions are the things that are added for the improvement of a thing, while the Accessories are things that joined with the main thing for the completion of the thing.
12. Article 1167 states that if the other party failed to comply with the obligations that stated in their contracts, the person will be going to face penalties that are agreed to.
13. Article 1168 states that when the obligor did something that is forbidden by the contract, he or she will be undone at his expense.
14. Article 1169 describes that when the person who obliged to deliver something caused delay or when the obligee demands something and the obligor caused delay, the obligor will be going to face penalty.
15. Article 1170 states if the obligor is guilty of fraud, negligence or delay, he/she will be liable for the damage. Under this article, it has four grounds of liability; (1) Fraud is the intentional evasion of the normal fulfillment of an obligation. (2) Negligence which is the act or omission and having no bad faith or malice which prevents the normal fulfillments of the obligation. (3) Delay that an action had been taken slow and the last (4) Contravention of the terms of the obligation or the violation of terms and conditions demanded in the obligation.
16. Article 1171, Waiver of action for future fraud void means that it allows the performance of fraud in side of the debtor and this kind of action is not valid. Waiver of action for past fraud and negligence will only be valid if there is an act of generosity from the part of the creditor or there is an ordinary care or proper diligence of a good father of a family.
17. Article 1172 states that there is a validity of action risen from negligence if they exercise that extraordinary diligence as in the case of common carriers. It has three kinds of negligence; (1) is contractual negligence that describes as a negligence in contracts resulting of breach. (2) Civil negligence means that the source of obligations between two people does not related before the pre-existing contract. (3) Criminal negligence is a resulting from committing of crime, it has an affiliation like imprisonment or payment of damages.
18. Article 1173 states is when the contract is silent, the diligence that has been observed is expected to require a good father of a family.
19. Article 1174 states that fortuitous or foreseen events may happen when the event of obligation is happening. Fortuitous events are distinguished in two parts; (1) Acts of man ex. War, murder, robbery and (2) Acts of God ex. Earthquake, storms, calamities. This article also has a requisites of a fortuitous events and these are; (1) event must be independent of the human will or the debtor’s will, (2) event could be foreseen and if it’s foreseeable, then it is inevitable, (3) the event must be a such a character as to render, it is impossible for the debtor to comply with his obligation in normal manner; and (4) the debtor must be free from any participation in the injury to the creditor is no concurrent negligence on his part.
20. Article 1175 states that having usury transactions will be punished by special laws.
21. Article 1176 is describing that prior installments are already paid even without its receipts
22. Article 1177 is about the rights of creditors that they have the right to demand and to satisfy their claims and may bring all the actions for saving those inherent persons. They may also question the acts of the obligor in order to ensure that they haven’t done anything to defraud them.
23. Article 1788 talks about all rights are transmissible or can be passed to another if there is no stipulation to the contract.

[jodelynmisa]

Misa, Jodelyn C.
1BSA-A

Hello, Atty. Reyes! I learned a lot by watching this video. I watched this video three times. This video explained to me article 1156, wherein it is a juridical necessity to give, to do or not to do. Also, its essential requisites, the passive subject, active subject, object or prestation and juridical or legal tie.

Furthermore, the kinds of obligation according to subject matter is real obligation which is the obligatiom to give and personal obligation which is the obligation to do or not to do. The personal obligation has two kinds the positive personal obligation and negative personal obligation.

Moreover, Article 1157, the obligations arises from law which is imposed by law itself, contracts that arises from the stipulations of both parties, quasi-contracts known as LUV, the lawful, unilateral and voluntary acts which are enforceable to the end that no one shall be unjustly benefited or enriched at the expense of the other, acts or omission punished by law which is the civil liability that has a consequence of criminal offense and quasi-delicts that arise from the damage caused to another through an act or omission.

In addition, Quasi-contracts has two kinds the negotiorum gestio which is the voluntary management of the property of another without the consent of the latter and solutio indebiti which is created when something is received but there is no right to demand.

In this video, the chapter 2 which is the nature of obligations are also discussed. Including the specific or determinate thing, generic or indeterminate thing, the different kinds of fruits, negligence, delays and fortuitous events.

I really learned a lot and I want to say thank you Atty. Reyes for making this video.

[nathanieljohnporio]

Porio, Nathaniel John
1BSA-A

Thank you Atty. After I watch the video lesson I learned in Article 1156. An obligation is juridical necessity to give, to do or not to do.
- Obligation is a juridical necessity because in case of noncompliance, the courts of justice may be called upon by the agrieved party to enforce it's fulfillment or, in default thereof, the economic value that it pressent.
- Essential requisites of an obligation
Passive subject (debtor or obligor)
Active subject (creditor or obligee)
Object or prestation( subject matter of the obligation)
Juridical or legal tie ( efficient cause)

Article 1157
Obligation arise from:
1. Law- There is obligation when it was imposed by the law.
2.Contracts- When the both parties arise from stipulation.
3. Quasi-Contract - this are judicial relation arising from certain lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other based on the principle that no one shall be unjustly enriched or benefited at the expenses of another.
5. Act or Punished by law - Civil liability is arised and it is the consequences of the criminal offense committed.
6. Quasi Delicts - When they arise from damages caused to another, there being fault or negligence, giving rise to the obligation to pay for the damage done. There must be no pre-existing contractual relation between the parties.

[jeanmanalastas]

After I watched this video, I've learned a lot such as,
Article 1156
An Obligation is juridical necessity to give, to do or not to do. Obligation means bound to render something to another while juridical necessity it's obligation must be fulfilled otherwise there will be corresponding.
-passive subject (debtor)
-active subject ( creditor)
-judirical title( relationship party)
- object (subject matter)
2 kinds of obligation
*Real- involves deliver something to another
*Personal- involve rendering some service.

Article 1157 Obligation arises from: law, Contracts, Quasi-Contracts, Quasi Delicts

There are 2 kinds of Quasi Contracts( Negotiorum Gestio and Solutio Indebeti

Article 1158
Only those obligation which are expressly provided by law are demandble.
Compliance in good faith means performance according to terms of contract between parties.

Article 1159
Delay Mora failure discharge or duty an due date and time.

Article 1163
It's an incidental duty to presence a thing with ordinary care to ensure the delivery of the debtor (good father of a family).

Article 1164
*Natural fruits
*Industrial fruits
*Civil fruits

Article 1169
Kinds of delay
1.Mora Selvendi
2. Mora Accipiendi
3. Compensatio Morse

Article 1170
4 Ground of Liability
Fraud
Negligence
Delay
Contravention of the terms of Obligation.

Article 1172
3 kinds of negligence
1.Contractual negligence
2.Civil neglience
3.Criminal negligence

Thanks po😊
Jean C. Manalastas
BSBA HRM-3B

[daynnnnnn]

Embido, Diana H.
BSA - 2A


Thank You po Atty. Reyes for making this video. Pwede po namin ma-download and mabalik-balikan ang lessons.


Article 1156 - An obligation is a juridical necessity, to give, to do or not to do.
That obligation must be fulfill or perform otherwise there will be corresponding penalty for non-compliance.

Juridical necessity - if the obligation was violated, it gives the agreed party a remedy to go to court and ask for particular relief.

There are 2 Different Kinds Of Obligation
Real - consist of an obligation to give. It involves the delivery of something to another person.
Personal - consist of an obligation to do, or not to do. It involves rendering some services.

Article 1157 - states that there are several sources of obligation. The obligation arises from:
1. Law - defined as rule of conduct, just and obligatory promulgated by the compotent authority for the observance of common good. If you commited crime then you will be under obligation.
2. Acts of Omissions punished by law - the criminal offenses
3. Contracts (based on agreement) - is private between two individuals where they bind themselves base on the terms and conditions of the agreement.
4. Quasi contracts - a juridical relation resulting from lawful, unilateral abd voluntary act.
2 kinds of Quasi Contracts
Solutio indebiti - payment by mistake. Ito yung nagbayad pero mali ang pinagbayadan o sobra ang bayad. Magdudulot ito upang magkaroon ng obligation sa part ng taong naka-received ng bayad na ibalik yung sobrang bayad or the payment made by mistake.
Negotiorum Gestio - ito yung may isang individual na nag-act on behalf of the other person without asking his consent to do that duty for them. For example, wala ka sa bahay nyo at nagkaroon ng bagyo. Yung bubong ng bahay nyo ay malapit ng tangayin, dahil may mabait kang kapitbahay. Nagtake action sya para hindi ito mangyare without your consent. Then magkakaroon ka ng obligation dahil para sa mga expenses that incurred.

Article 1158 - kung wala sa batas then walang obligation

Article 1159
Contract - as long as the contract has all the essential requisites for the validity then it has the force and affect of a law.
Compliance of Good Faith - means you have to perform obligations according to the terms and conditions of the contract.

Article 1160 - derived from Quasi contracts
Criminal offenses - it shall be governed by penal laws

under Article 100 - every criminal violations has a corresponding civil liabilities.
Criminal liability - you are pertaining to imprisonment and it may also pertain to the payment of fine.

Article 1164
Natural fruits - spontaneous products of soil and young of animals without human labor.
Industrial fruits - produced by land through human cultivation of labor.
Civil fruits - derived by virtue of juridical relation.
Personal right - right or power of creditor enforceable against a particular person.
Real right - right or interest of creditor over a specific thing without definite passive subject.
3 Essential Requisites on the Perfection of the Contract
1. consent
2. object
3. payment of consideration

Article 1167 - it is about the breach of a personal obligation

Article 1168 - when an obligation consists in not doing and the obligor does what has forbidden him, it shall also be undone at his expense.

Article 1169 - in reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him.
No demand, no delay - kahit may contract na in specific date at di mo nagawa, as long as wala pang demand hindi pa yan delay.
Exceptions:
- when the obligation or law so provides
- time is a controlling motive

Article 1170 - pertains to dolo incidente

Article 1172 - waiver arising from negligence is valid. When the standard of care is the ordinary care of the proper diligence of a good father of the family. Exception: the stipulation requires standard of care or an extraordinary care.

Article 1174 - General rule : obligation is extinguished if the loss of the thing is due to a fortuitous event.

Article 1175 - take note of requisite of recovery of interest

Article 1178 - General Rule: All rights are transmissible