ATENEO CENTRAL BAR OPERATIONS 2007
Civil Law
SUMMER REVIEWER
OBLIGATIONS AND CONTRACTS

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TITLE 1 - OBLIGATION
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Art. 1156. An obligation is a juridical necessity to give, to do or not to do. (n)

CHAPTER 1. – GENERAL PROVISIONS
See Arts. 1156 - 1162
ELEMENTS OF AN OBLIGATION:
1. Active subject (obligee/creditor): one in whose favor the obligation is constituted
2. Passive subject (obligor/debtor): one who has the duty of giving, doing or not doing
3. Object: prestation; the conduct which has to be observed by the debtor/obligor
REQUISITES
1. it must be licit (otherwise it is void)
2. it must be possible, physically and juridically
(otherwise it is void)
3. it must be determinate or determinable
(otherwise it is void)
4. it must have pecuniary value
a. Vinculum Juris: juridical/legal tie; binds the parties to the obligation
b. Causa (causa debendi/causa obligationes): why obligation exists
SOURCES OF OBLIGATION

Art. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts. (1089a)

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CONTRACT (OBLIGATION EX CONTRACTU)
• Must be complied with in good faith
• it is the “law” between parties;

—Adviser: Dean Cynthia del Castillo

QUASI-CONTRACT (OBLIGATION EX QUASICONTRACTU)
• Juridical relation resulting from lawful, voluntary and unilateral acts, which has for its purpose, the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another.
• Distinguished from other Sources
1. act giving rise to a quasi contract must be
LAWFUL distinguishing it from delict;
2. act must be VOLUNTARY distinguishing it from quasi-delict which is based on fault or negligence; 3. act must be UNILATERAL distinguishing it from contract which is based on agreement.
(Tolentino, Volume IV, p. 68)
KINDS OF QUASI-CONTRACT
• Negotiorum gestio: unauthorized