hi guys welcome to another episode of eternia blogger law for the everyday laymen today we take a part 1 on the law of applications and we talk about the general principles of obligations so if you like my videos and you want to see more please hit the subscribe button please remember that this is only for educational purposes and it's not a substitute for proper legal advice or for studying and understanding the law okay so what is an obligation the law defines an obligation to be a juridical necessity to give to do or not to do the word obligation comes from the Latin word obbligato which means to tie or bind and in the definition of an obligation the law states that it is a juridical necessity juridical necessity simply means that in case of non compliance with obligation then the courts may be called upon for the enforcement or fulfillment of the obligation and in the filter off for the economic value of the obligation okay in proper cases and when warranted damages may be awarded to the injured party and damages should not be confused with damage okay because damage is the actual physical injury or harm which is suffered well damages is the monetary or pecuniary compensation which is paid for suffering the injury or harm okay now when we talk about obligations in general there are two we have the civil obligations and we have the natural obligations for purposes of public on we will be talking about the civil obligations unless otherwise stated for natural obligations I will be coming out with a video on that soon okay now what is a civil obligation those which give rise to a right to it and for spam okay while natural obligations on the other hand arise from equity and natural law in other words they cannot be enforced unlike those civil obligations which can be enforced okay however in case of natural obligations in case a party receives something by virtue of a natural obligation the law authorizes him to retain that thing or keep that thing in case it was voluntarily fulfilled or voluntarily performed by the death toll now we can go to the essential requisites of obligations first we have the active subject this is the creditor the creditor is an active subject because he is not party who is entitled to demand performance of the obligation second we have the passive subject this is the death or okay he is the party who is bound to the fulfilment of the obligation he is passive because he does nothing until the demand for performance of the obligation is upon him okay third requisite we have the object or prestation this is the subject matter of the obligation in other words it is the condom required to be observed by the party concerned in the definition of an obligation we have there the PlayStation it would be either to give to do or not to do and finally we have the fourth requisite which is the juridical tie this is the efficient cause which binds the parties together okay and this arise from the sources of obligations which we will be discussing in a bit okay now as two forms of obligations with all forms are valid unless required by law such as in the case of contracts where certain contracts are required to be in a certain form either for validity enforce ability or public convenience for a deeper discussion on the forms of contracts please refer to my video link in the description below okay now there's a difference among obligations rights and wrongs okay an obligation is an act which may be enforced under the law while a right is the power to demand performance of a procession a rom on the other hand or a legal wrong is an act or an omission omission is simply a failure to perform an act okay wrong is either an act or omission violating the right of another okay so in other words there must first be a right on the part of another and second there must be an obligation or a duty to respect that right and not violative and finally there is an act or omission which violates that right belonging to another okay now obligations may be either real or personal when we talk about real obligations the subject matter is a thing that is to be delivered while in personal operational obligations the subject matter is an act in case the act is to do then that is a positive personal obligation and if it is not to do then that is a negative personal obligation now we can talk about the sources of obligations okay under the law obligations arise from law contracts quasi contracts del X and quasi the legs okay when we talk about obligations arising from the law this is not presumed okay obligations arising from law are never resumed only obligations which are in the civil code or in special laws I demand a ball in other words the law has to clearly say that an obligation is involved in order for it to be the mandible why are these never presume because they imposed a burden upon the death or okay and for you to know if the law is the source of the obligation the test is simple if the app or condition on which it depends is simply a factor to determine when it is the mandible then the obligation arises from law however if it if the law merely recognizes or acknowledges the existence of that then it does not arise from law some obligations that arise from law are the obligations to pay taxes or the obligation to support each other in case of husband and wife for instance a school has no obligation to pay its teachers clothing allowance if there is no law which demands it ok so if there is no law creating an obligation then there is then it is not demand boil okay now we can go to contracts which is the second source of obligations now the rule is contracts are obligatory upon the parties they have the force of law between the parties and should be complied with in good faith this is known as the principle of obligatory force okay however no this presupposes that the contract is valid and enforceable otherwise the different rules will apply for a deeper discussion on contracts I have a seven part series please just refer to those ok next obligations may also arise from quasi contracts now this is the third source of obligations and what are quasi contracts okay quasi contracts are genetical relations resulting from lawful voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched at the expense of another okay now these quasi contacts are not contracts okay because no consent is given here however by fiction of law the the law itself supplies that consent okay now in general there are two kinds of quasi contracts none there are others no but let's just talk about the two most popular kinds of quasi contracts first we have the negatory ingestion and the second is solution in DB D okay first language volume gesture what is this this is the voluntary management of the property or affairs of another without the knowledge or consent of the latter what's an example okay let's say you learned here let's use a veggie / vegetal is away on vacation Goku is his neighbor okay while vegetal is away the house of vegetal burns down no doesn't burn down there is a fire near vegeto's house okay and Goku performs an act to prevent the fire from spreading to vegetal house while vegetal is away however in performing acts to save vegetal house from burning down Goku incurred some expenses okay now when budget comes back Goku will be entitled to claim reimbursement for the expenses which has incurred even though vegetal did not have knowledge of the fire and even though vegetal did not have knowledge that Goku performed acts to save his house and even if vegetal did not give his consent that Goku perform acts to save his house okay this is the principle of negotiating gesture and there are also other forms no you can study that on your own I just gave one example of the voluntary or in officials management of the property or affairs of another without his knowledge or consent now we can go to the second most popular one that of solution in DBT okay solution the ability to make it quickly simply payment by mistake but to define it properly this is the juridical relation which is created when a thing is received with no right to demand it and it is unduly delivered through mistake okay for instance Goku pays PLDT his bill when the belly start at you since the bill is not a Jew and the mandible there has been payment by mistake and before the due date Goku has a right to claim reimbursement or to ask for what he paid to be paid back to him by the first person or party who has received the payment by mistake okay now we can move on to del X del X is simply a criminal offenses no and obligations arise from criminal offenses because right under article 100 of the revised Penal Code which is our law on criminal offenses now under article 100 of the said code no every person who is criminally liable it's also civilly liable in other words the commission of a crime gives rise to civil liability and what does the civil liability consist of it can consist of if the restitution reparation or indemnification okay when we say restitution to bring it back and say reparation to repair when we say indemnification if we cannot return it if we cannot repair it we will just pay the value of the thing okay so again every person criminally liable is also civilly liable however there are cases when even if a person is found not to be criminally well he may also be found to be civilly liable and made to pay damages why is this because the quantum of proof in criminal cases is different from civil cases in criminal cases the quantum of proof is proof beyond reasonable doubt you must prove the guilt of the accused beyond reasonable doubt however the quantum of proof in civil cases for damages is lower and the proof required there is only preponderance of evidence meaning that the scales of justice being balanced there is something which makes the other scale heavier okay now between the criminal liability and the civil liability even if the person is not found to be criminally guilty he can still be found to be civilly liable to pay damages and the final source of obligations would be the quasi delicates okay and what requires italics these are acts or omissions who are there being fault or negligence caused by a person okay which causes damage to another or his person his property or his rights and this obliges the person who cause damage to pay the injured party damages okay the requisites are as follows first there must be an affirmation second there must be fault or negligence third damage must have been caused fourth there is a direct relation or a proximate cause okay and what is approximate cost it is that cost which in natural and continuous sequence and broken by any efficient intervening cause produces the injury without which the result would not have occurred this is from the face of Buda Buda the Bataclan versus Medina and the final requisite for a quasi Dalek is that there be no pre-existing contractual relation however in some cases such as Air France versus carrasco so the requirement of no pre-existing contractual relation was brushed aside so to speak now in order to avoid damages because the Act which we just sued upon is also a tort okay quasi Daleks are also known as torts okay so again the sources of obligation are law contracts quasi-contract Daleks and quasi Daleks okay so that's it for the general principles on obligations please wait for my next video part two on the nature and effect of obligations okay so I hope you have picked up a thing I'll do when I hope to see you next time bye