Akawnting - Accounting Business law Summary Article 1156-1178 PDF

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Article 1156- an obligation is a juridical necessity to give to, do and not to do. Different forms of obligations 1. Obligation to pay your tuition feeb( to give) 2. Obligation of a parent to take care of their children (to do) 3. Obligation of anyone not to steal ( not to do) Juridical necessity -i...

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Article 1156- an obligation is a juridical necessity to give to, do and not to do. Different forms of obligations 1. Obligation to pay your tuition feeb( to give) 2. Obligation of a parent to take care of their children (to do) 3. Obligation of anyone not to steal ( not to do) Juridical necessity -in case of non compliance the courts of justice maybe called upon to enforce its fulfillment or, in default thereof, the economic value that it represents.(kailangang gawin dahil pwede kang kasuhan at eeenfore ang fulfillment) (necessareng gawin) Not a civil Obligations 1. Your obligation to attend masses. (moral obligation) 2. To pay back your gratitude. (natural obligation) ESSENTIAL REQUISITES 1. Passive Subject (Obligor)-person who is bound to the fulfillment of the obligation (may obligasyon) 2. Active Subject (Obligee)- person who is entitled to demand the fulfillment of the obligation( has a right to demand) 3. Prestation/Object/Subject Matter- conduct required to be observed by the debtor (it may consist in giving, doing or not doing) 4. Juridical Tie/Legal Tie/ Vinculum juris- binds or connects the parties to the obligation. (Reason kung Bakit may obligation si passive subject) ( Kapag may missing sa requisite ay di sya maituturing na civil obligation Example. Naruto is obliged to his income taxes. Passive Subject- Naruto Active Subject- Philippine Government Prestation- to give money ( pay income tax) Juridical Tie- Law ( si Naruto at Ph. Government) Unilateral Obligation- isang party lang ang may obligation Bilateral Obligation- Yung dalawang parties ay mayroong obligation. Ex. Tanjiro sold a bottle of wine to inusuke for 1000pesos Passive subject Active subject Prestation Juridical Tie

Obligation 1 Tanjiro Inosuke Deliver bottle of wine Contract

Obligation 2 Inosuke Tanjiro Pay 1000 pesos

Obligation, Rights, Cause of Action (Wrong) ✔Obligation- juridical necessity to give, to do or not to do. ✔ Right- power which a person has under the law, to demand from another any prestation. ✔ Cause of Action- act or omission which violates a right.

Injury, Damage and Damages Injury- act or omission which causes harm Damage- the harm done to a party Damages- the sum of money recoverable by reason of damage done Example; Tanjiro sold a bottle of wine to Inusuke for 1000 pesos Rights Demand collection of 1000 pesos Inosuke ❌ Pay 1000pesos Demand delivery of bottle of wine If Tanjiro delivered the bottle of wine and Inosuke does not pay Tanjiro 1000pesos, Tnajiro will have a right of action.

Tanjiro

Obligations ✔ Deliver the bottle of wine

Once na kinasuhan na ni Tanjiro si Inosuke si Tanjiro ay tatawaging plaintiff at si Inosuke naman ay defendant Cause of action- Omission on part of Inosuke (not paying) Damage- Tanjiro incured loss on the sale Damages- sum of money recoverable (1000pesos plus) pwedeng marecover ng plaintiff Types of obligations according to prestation 1. Real Obligation- to give 2. Pesonal obligation I. Positive personal- to do II. Negative personal- not to do

SOURCES OF OBLIGATIONS Article 1157 Obligation arise from: 1. 2. 3. 4. 5.

Law Contacts Quasi-contracts Acts or omission punished by law Quasi-delicts

1. Obligations arising from law (binanggit ng law na may ganito kang obligation) When imposed by the law itself Examples: ✔ Pay taxes (Tax Code) ✔ Obligations of parents to support the family (Family Code) 2.Obligations arising from contracts 

A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (Bilateral act)

3. Obligations arising from quasi-contracts (as if contract)  A quasi-contracts is that juridical relation resulting from certain lawful, voluntary and unilateral acts by virtue of which parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another. Example: ✔ You received excessive change afer buying from a store, it is your obligation to return the excessive change ( solutio indebiti) ✔ Another person took care of your dog while you’re away, it is your obligation to reimburse him the necessary expenses he incurred ( negotiorum gestio)

Obligations arising from delicts also known as crime or felony Unlike other sources of Obligations, delicts produce both criminal and civil Examples: Estafa murder rape (note that doing these crimes could get you imprisoned) Obligations arising from quasi-delicts (pumapasok na dito ang negligence) Also known as tort or culpa This is an act or omission by one party which causes damage to another party wherein there is no pre-existing contract. Examples: ✔ Because of the organizers negligence, audience were hurt during an event ✔ Because you are not careful while running in a busy sidewalk, you bumped into a child and the child suffered the injuries. In both cases the tortfeasors (organizers, you) will answer for the medical expenses of the audience (first case) and the child (second case)

Scope of Civil Liabilities 1. Restitution- the restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court. ( Comprises the return of the thing but it can’t be, you'll return the monitary value) 2. Reparation- for the damage cause- court shall determine the amount of damage taking into consideration the price of the thing, whenever possible and its special sentimental value to the injured party, and reparation shall be made accordingly (kailangan mong ibalik ang bagay mula sa dating state)(possible if may sentimental value ang isang bagay ay damaged beyond repair) 3. Indemnification- for consequencial damages- shall include not only those caused the injury party, but also those suffered by his family or by a third person by reason of the crime. (Babayaran ang loss) Example: Gen stole the vehicle of Senku. Gen was sighted by authority and was engage in a car chase. Afer a while, Gen was apprehended by the authority but the vehicle he stole from Senku got damaged . Furthermore, Senku should have presented the vehicle in a car show the same day Gen stole the said vehicle. As a result, Senku loss potential income from the car show. Restitution- return the vehicle Reparation- answer for the damaged caused to the vehicle Indemnification- since Gen's act resulted to Senku's loss, Gen will also answer the said loss

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.( Dapat hindi inaassume na may obligation) Example: 1. An employer has no Obligations to furnish free legal assistance to his employees 2. A private school has no legal obligation to provide clothing allowance to its teachers

Obligations arising from contracts ARTICLE 1159 – Obligations arising from contracts have the force of law between the contracting parties and should be complied within good faith. ( As long as ang dalawang tao ay bound sa isang contract dapat silang mag complied)

ARTICLE 1161- civil Obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of article 2177, and pertinent provisions of Cahpter 2, Preliminary title on Human Relations and of Title XVII of this book, regulating damages....