OBLICON

LAW is a rule of action and system of uniformity

System of uniformity- it is common to all; all must observe of follow.
-rules which should guide ones actions in the society, rule of action that human beings
conduct must conform.

Classifications of Law
In Its Legal Sense- there are formalities in making laws and are from competent
authorities.
Legislative-consists of enactment of laws intended as a rule of conduct to govern
the relation between individuals or between individuals and the state; Congress of
the Philippines.
Upper House- Senate (24 members)
Lower House- House of Representatives (250 persons)
Local Government Units(LGUs)
-municipality; city government
-Sangguniang Bayan(counselors)-makes laws.
Substantive Laws Under LEGAL SENSE
1) Civil Law
Contract Law-deals with agreements between two or more parties. If
Violated- breach of contract
Tort Law-is a civil wrong, done by one person or entity to another,
which results in injury or property damage
Property Law-personal property or real property: Trespass to chattel,
land.
Family Law- marriage, annulment, and other issues affecting
families.
2) Commercial Law- advise companies and governments on business-
related issues.
Corporate Law- they prepare legal document required to corporate
activities and the transaction clients undertake.
Finance and Banking- ensure that their clients are legally protected
against the risks involved in financing deals.
3) Criminal Law- it proscribes conduct perceived as threatening, harmful, or
otherwise endangering to the property, health, safety and moral welfare of
the people.
4) Labor Law- mediates the relationship between workers, employing entities,
trade unions, and the government.
5) Remedial Law-the method of enforcing rights or obtaining redress for their
invasion.
6) Tax Law- tax process, which involves charges on estate transactions,
property, income, licenses and more by the government.
Civil Code-compilation of Laws; Book IV of the Civil Code (Law on Obligations and
Contracts.

In its Non-Legal Sense

1) Divine Laws
2) Natural Laws
3) Moral Laws
4) Physical Laws

Statutory Definition-defined by law.

OBLIGATION
Article 1156. An obligation is a juridical necessity to give, to do or not to do.
Obligatio or Obligare- to tie or to bind.

Kinds of Obligation according to the subject matter:

Real Obligation to give
Positive Personal to do
Negative Personal not to do

w/ Juridical Necessity w/o Juridical Necessity

-judicial process -no judicial process
-legal or civil obligation -natural obligation
Sources of Obligation:
1) Law- imposed by law itself
2) Contracts- arise from the stipulation of the parties.
Contract-meeting of minds between two persons whereby one binds
himself, to give something or render some service; a written or spoken
agreement.
3) Quasi-contract- the contract is used to prevent any party from benefiting
from the situation at the other partys expense; the restitution required under
the contract is to make the situation fair.
Principle: No unjust enrichment
Two Kinds of Quasi- Contracts:
Solutio Indebitti- (1) There is no right to receive the thing delivered
and (2) The thing was delivered through mistake.
Negotiorum gestio- Voluntary management of the property or affairs
of another without the knowledge or consent of the latter.
4) Delict/Crime- obligation to give; there is an intention to commit the crime.
Criminal/Civil Liability- to pay damages through money.
5) Quasi-Delict- damages caused to another through an act or omission;
negligence, no intention to do the act.
Civil Liability- payment of damages, to give money.
Essential Requisites of Obligation:
1) Debtor (passive subject)- duty to pay
2) Creditor (active subject)-right to accept/ collect
 3) Prestation(object)
4) Juricial/Legal Tie (Reason)

Two Kinds of Objects:

1. Generic Object- part of a whole/ group
2. Specific Object- segregated/ identified

Specific (Page 36)

Preserve the object w/ the diligence of a good father(specific objects
are not replaced)
Delivery the Object
To be liable for damages
Two kinds of Delivery
1. Actual- physical transfer or delivery
2. Constructive
Traditio Symbolica
Traditio Longa manu
Traditio Brevi man
Constitutum Possesorium
Formalities
Generic (Page 38)
To Deliver the Object (the object is replaceable)
To be liable for damages

Different Kinds of Fruits:

1. Natural- products of the soil, young and other products of animals.
2. Industrial- produced by land of any kind through cultivation or labor.
3. Civil Fruits- those derived by virtue of a juridical relation.

Accessions- fruits of a thing or additions or major improvements upon a thing.

Accessions- things joined or included for the better use or competitions; minor additions.

You always follow the Principal, but the Principal will not follow the accessories

FAILURE TO PERFORM:
TO GIVE TO DO NOT TO DO
NOT GIVEN NOT DONE DONE

*BECAUSE OF FAILURE TO PERFORM, THERE IS A LIABILITY.

REMEDIES DUE TO NON-PERFORMANCE:
1. To GIVE (SPECIFIC OBJECT)- creditor can enforce to the debtor.
Specific Performance- to deliver the specific object or Recission- not to
deliver it anymore.
Payment of Damages
 2. To GIVE (GENERIC OBJECT)- same remedies; specific performance can be
asked from the Debtor or a third person.
Debtor- not a debtor or creditor.

TO DO (NOT DONE)
-Not finished and not submitted, not delivered or performed.
-Creditor to Debtor/Third Person
-Specific Performance/ Recission or Payment of Damages.
1. Not Done
2. Done- poorly done
3. Done- not in accordance with the agreement.
NOT TO DO(DONE)
-Done
Remedies Available:
1. Undone/ Undo
2. Payment of Damages

1) DELAY
Ordinary Delay(Mora)-failure to perform an obligation on time; there is a demand.
Legal Delay (Default)-There is a demand but NO PERFORMANCE/ PAYMENT.

Mora Solvendi- Delay on the part of the Debtor.

Mora Accipiendi- Delay on the part of the Creditor.
Compensatio Morae- Delay on the part of both parties.

2) FRAUD (DOLO-they are liable, deceit or cheating or bad faith; the seller may be
a victim too.
Dolo Causante-there is a deceit from the very beginning.
Dolo Incidente-at start, there is no cheating but later on, he will discover the
default but still continue.
3) NEGLIGENCE(CULPA)-lack of care; no intention to commit a crime but the law
makes it a crime.
3 Kinds of Negligence:
1. Culpa Contractual-contractual negligence(contract)
2. Culpa Aquiliana-civil negligence (civil liability)
3. Culpa Criminal-criminal negligence (criminal negligence)