Eternia Blogger Law: The Law of Applications - Part 1

General Principles of Obligations

Definition of Obligation

• Obligation: Juridical necessity to give, to do, or not to do.
  • Derived from Latin obligato meaning to tie or bind.
• Juridical Necessity: In case of noncompliance, courts may be called for enforcement.
• Damages vs Damage:
  • Damage: Actual injury or harm suffered.
  • Damages: Monetary compensation for harm suffered.

Types of Obligations

• Civil Obligations: Enforceable by law, give rise to rights.
• Natural Obligations: Arise from equity and natural law, not enforceable.
  • If voluntarily fulfilled, the receiver can retain the benefit.

Essential Requisites of Obligations

1. Active Subject
   • Creditor, entitled to demand performance.
2. Passive Subject
   • Debtor, bound to fulfill the obligation.
3. Object or Prestation
   • Subject matter: to give, do, or not do something.
4. Juridical Tie
   • The cause binding parties, arising from the sources of obligations.

Forms of Obligations

• All forms valid unless law requires a specific form (e.g., certain contracts).

Obligations vs Rights vs Wrongs

• Obligation: Enforceable act under the law.
• Right: Power to demand performance.
• Wrong: Act or omission violating another’s right.

Real vs Personal Obligations

• Real Obligations: Delivering a thing.
• Personal Obligations: Performing an act.
  • Positive: Act to do.
  • Negative: Act not to do.

Sources of Obligations

1. Law

• Obligations from law are explicit, not presumed.
• Examples: Paying taxes, spousal support.

2. Contracts

• Contracts have the force of law between parties if valid and enforceable.

3. Quasi-Contracts

• Definition: Juridical relations from lawful, voluntary, unilateral acts.
• Types:
  1. Negotiorum Gestio: Managing another’s affairs without consent.
     • Example: Preventing a fire in a neighbor’s house.
  2. Solutio Indebiti: Payment by mistake.
     • Example: Paying a bill before it's due.

4. Delicts

• Criminal offenses result in civil liability under Article 100 of the Penal Code.
• Civil liability: Restitution, reparation, indemnification.

5. Quasi-Delicts

• Acts causing damage due to fault or negligence.
• Requisites:
  1. An act or omission.
  2. Fault or negligence.
  3. Damage caused.
  4. Direct or proximate cause.
  5. No pre-existing contractual relation.

Conclusion

• Part 1 covers general principles of obligations. Part 2 will discuss the nature and effect of obligations.

Note: This lecture is for educational purposes only, not a substitute for formal legal advice.