CIVIL LAW (OBLIGATIONS AND CONTRACTS) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 1 PART I - OBLIGATION - An obligation is a juridical necessity to give, to do or not to do ELEMENTS: 1. Active subject ( obligee/creditor ) – the one in whose favor the obligation is constituted 2. Passive subject ( obligor/debtor ) – the 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 4. Vinculum Juris – juridical/legal tie 5. Causa (causa debendi/causa obligationes) - why obligation exists Requisites of Object: a. licit - if illicit, it is void b. possible - if impossible, it is void c. determinate or determinable - or else, void d. pecuniary value SOURCES OF OBLIGATION: 1. LAW ( OBLIGATION EX LEGE ) - Must be expressly or impliedly set forth and cannot be presumed 2. CONTRACT ( OBLIGATION EX CONTRACTU ) - Must be complied with in good faith because it is the “law” between parties; neither party may unilaterally evade his obligation in the contract, unless: a) contract authorizes it b) other party assents Parties may freely enter into any stipulations, provided they are not contrary to law, morals, good customs, public order or public policy 3. QUASI-CONTRACT ( OBLIGATION EX QUASI-CONTRACTU ) - That juridical relation resulting from a lawful, voluntary and unilateral act, and 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 2 kinds: a. Negotiorum gestio - unauthorized management; This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority b. Solutio indebiti - undue payment ; This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake 4. DELICTS ( OBLIGATION EX MALEFICIO OR EX DELICTO ) Governing rules: 1. Pertinent provisions of the RPC and other penal laws subject to Art 2177 Civil Code  Art 100, RPC – Every person criminally liable for a felony is also civilly liable 2. Chapter 2, Preliminary title, on Human Relations ( Civil Code ) 3. Title 18 of Book IV of the Civil Code – on damages What civil liability arising from a crime includes: a. restitution b. reparation of damage caused c. indemnity for consequential damages Effect of acquittal in criminal case: