Dean Ulan Notes On Oblicon: SBC-M AY: 2015 - 2016
Dean Ulan Notes On Oblicon: SBC-M AY: 2015 - 2016
SBC-M
AY: 2015 - 2016
First Meeting: December 10, 2015
1. What is an obligation?
1156. An obligation is a juridical necessity to
give, to do or not to do.
2. What are the kinds of obligations?
a. Civil Obligations those that give a right
of action to compel their performance.
b. Natural Obligations those not being
based on positive law but on equity and
natural law, do not grant a right of action
to enforce their performance by the
obligor, authorize the retention of what
has been delivered or rendered. (1423)
3. Does the definition of an obligation in
Art. 1156 covers the two kinds of
obligations?
No, the definition of an obligation in Art.
1156 does not cover the two kinds of
obligations. An obligation according to Art.
1156 is a juridical necessity, only Civil
Obligations has juridical necessity.
4. What are the sources of obligation?
1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-Contracts;
a.
b.
c.
d.
6. What is a contract?
1305. A contract is a meeting of minds
between two persons whereby one binds
himself, with the respect to the other, to give
something or to render some service.
7. What are the essential elements of a
contract?
a. Consent of the Contracting Parties
b. Object of the Contract
c. Cause of the Obligation
8. When does consent exist?
1319. Consent is manifested by the meeting
of the offer and the acceptance upon the
thing and the cause which are to constitute
the contract. The offer must be certain and
the
acceptance
absolute.
A
qualified
acceptance constitutes a counter-offer.
9. What is an agreement?
An agreement is an informal arrangement
between two or more parties that is not
enforceable by law.
10. A and B are lovers. They decided
to go on a date this Sunday at 11am.
B was late. Can A sue B for breach of
contract?
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What is a Quasi-Contract?
Contract
Created
by
the
meeting of minds of
two or more persons
Bilateral Acts
Meeting of minds is
required
and
Omissions
the
concept
of
Civil
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What is quasi-delict?
Delict
There
is
only
negligence.
The
purpose
is
indemnification.
Affects
private
interest.
Civil Liability
There is intent or
negligence.
The
purpose
is
punishment.
Affects
public
interest.
Criminal and Civil
Liability
Cannot Compromise
Can Compromise
Fault or negligence
is
proved
by
preponderance
of
evidence.
Guilt
must
be
proved
beyond
reasonable doubt.
3. Illustrate
the
Similarities
and
Differences of a Natural Obligation
and a Civil Obligation
To Latin to bind
Source
Natural
Obligation
Civil
Obligation
Equity
and
Natural Law
Positive Law
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Not
Enforceable
enforceable
in COL
in COL
Similarity
Based on Natural Law
4. When is Natural Law considered as
Positive Law?
When the natural law is formalized into a
legislative enactment. When it can be
considered as a basis for any right or
obligation of any member of the community.
Ex. Constituion, Eos, Administrative Orders
5. Why is it important to determine
whether the wrong committed is
based on positive law?
9. What is Prescription?
It is a mode of acquiring or losing ownership
and or rights of action through lapse of time.
10. What
are
the
types
of
Prescription?
a. Acquisitive You acquire ownership or
rights of action through the lapse of time.
6. Illustrate
the
Similarities
Differences of Civil, Natural
Moral Obligations.
and
and
Civil
Natural
Moral
Obligation
Obligation
Obligation
Based on Natural Law
Presence of Absence of a Positive Law
a
Positive
Law
7. Illustrate the Differences of Natural
and Moral Obligations
Natural Obligation
In case of voluntary
fulfillment, it creates
a civil obligation
that would be based
on
PL
and
enforceable at COL
Moral Obligation
In case of voluntary
fulfillment,
it
remains as moral
obligation
8. Give
an
example
obligation.
of
moral
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law
create
an
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done, or
way, or
not done,
no choice
Obligations arising
from Contracts
Expressed
Expressed or Implied
a.
The Parents
obligation to support
their Children
b.
An
workers
obligation to pay
taxes
to
the
Government
c.
The
Polices
obligation to render
aid or protection to
any person in case
of danger to life or
property
a.
Contract
of
Carriage
b. Contract of Sale
c. Contract of Lease
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8 |R e v i e w e r b y M i c h e l l e S A N D I E G O L a v i s t a