Obligation and Contracts FInal
Obligation and Contracts FInal
Obligation and Contracts FInal
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Philippine legal system
Introduction
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What is the law?
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Classification of Philippine Laws
Public Private
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Laws, where do they come from?
Philippines
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Laws, how made
Legislative branch is Acts of the President providing for rules Judicial Decisions shall form
authorized to make laws, alter, of a general or permanent character in part of the law of the land
and repeal them through the implementation or execution of
power vested in the Philippine constitutional or statutory powers shall
Congress. be promulgated in executive orders
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Civil code of the Philippines
Republic Act no. 386
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Civil Code : Important articles
▣ Article 2 – Laws shall take effect after fifteen days following
the completion of their publication.
▣ Article 3 – Ignorance of the law excuses no one
▣ Article 13 – Legal Periods ( 365 days, 30 days per month; 24
hours a day; night from sunset to sunrise)
▣ Article 21 – Persons who willfully causes loss or injury to
another in a manner that is contrary to law
▣ Article 22 – Unjust Enrichment at the expense of others
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Civil Code : Important articles
▣ Article 37 – Juridical capacity is the fitness to be the subject
of legal relations; it is inherent in every natural person ;
Capacity to act is the power to do acts with legal effect
▣ Article 40 – Natural Persons
▣ Article 44 – Juridical Persons
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Law on Obligations
Article 1156 - 1304
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Concept map
ACTS
LAW
TO GIVE
CONTRACTS
TO DO
PERSON QUASI-CONTRACTS
DELICTS
NOT TO DO
EVENT
QUASI DELICTS
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General Provisions
Article 1156
An obligation is Jurical Necessity to give, to do,
or not to do.
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SUBJECT OF A OBLIGATION
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Prestation of an obligation
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Juridical Tie
Established by:
1. Law
2. Bilateral acts
3. Unilateral Acts
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Article 1157
Obligations arise from
1. Law
2. Contracts
3. Quasi-Contracts
4. Acts or omissions punishable by law
5. Quasi-delicts
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Article 1158
Obligations derived from law are not presumed.
Only those expressly determined in this Code or
in special laws are demandable, and shall be
regulated by the precepts of the law which
establishes them; and as to what has not been
foreseen, by the provisions of this Book.
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Law as a source of an obligation
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Article 1159
Obligations arising from contracts have the
force of law between the contracting parties and
should be complied with in good faith.
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Contracts as a source of an obligation
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Article 1160
Obligations derived from quasi-contracts shall
be subject to the provisions of Chapter 1, Title
XVII, of this Book
(Extra-Contractual obligations)
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Quasi-Contracts as a source of obligation
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Article 1161
Civil obligations arising from criminal offenses
shall be governed by the penal laws,
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A person acquitted of a criminal charge is not necessarily civilly
free because the quantum of proof required in criminal prosecution
is greater than that required for civil liability—in order to be
completely free from civil liability, a person’s acquittal must be
based on the fact that he did not commit the offense, and if the
acquittal is based merely on reasonable doubt, the accused may
still be held civilly liable since this does not mean that he did not
commit the act complained of. Nuguid vs. Nicdao, 502 SCRA 93,
G.R. No. 150785 September 15, 2006
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Article 1162
Obligations derived from quasi-delicts shall be
governed by the provisions of Chapter 2, Title
XVII of this Book, and by special laws
(negligence)
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Quasi-Delicts as a source of an obligation
3. Connection of Cause
and effect between the
fault or negligence
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Quasi-Delicts as a source of an obligation
Delicts vs Quasi-Delicts
Delicts affect the public interest Quasi Delicts affect the public
concern
Penal Code provides for the Civil code provides repairs the
punishment damage through indemnity
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Quasi-Delicts as a source of an obligation
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Safeguard security agency v. lauro tangco et. Al
g.r no. 165732 December 14, 2006
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