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1 HECKY WAS A SHAM

Obblighi e contratti
Nov 21, 2018 v2
11/21/18 -it is not the provisionns of the obligation and contratcs that
will govern the agreements entered into by the parties, it is
Article 1156.An obligation is a juridical necessity to the contracts executed between the parties, the law between
give, to do or not to do. them.

Elements: -the purpose of the provision if there is a conflict.

1. Personal elements: Not included in art 1159 – attorney’s fees if it is


 Passive - Debtor unreasonable., but can be recover based on quantum meruit.
 Active – Creditor
2. Prestation - the manner to give, to do, or not to do.
Article 1160.Obligations derived from quasi-contracts
Not the object per se.
shall be subject to the provisions of Chapter 1, Title
XVII, of this Book.
It is not necessary that it is determinate at the time of
obligation, it is sufficient that it is determinable.
Credit transaction

That at the time of creation of the obligation, it is merely


Article 1161. Civil obligations arising from criminal
determinable. It is not determinate but once choses and
offenses shall be governed by the penal laws, subject
bought it the it becomes determinate.
to the provisions of article 2177, and of the pertinent
provisions of Chapter 2, Preliminary Title, on Human
3. Juridical Tie or vinculum
Relations, and of Title XVIII of this Book, regulating
damages.
It is a juridical necessity because in the event that one of the
party of the obligation fails to comply what is incumbent upon
Person who is criminally liable is also civilly liable with certain
him, the aggrieved party may go to court to demand
exception.
performance or for appropriate remedy and there must be a
showing that demand was made, judicial or extrajudicial.
Dependent civil action – deemed impliedly instituted with
criminal case unless the offended party waives or reserves or
It is sufficient that the cr is determinable (ex. Postdated
institutes the civil action ahead of the criminal proceedings. If
check with another person’s name)
criminal action if filed next to the civil proceeding, then the
latter is suspended to await the determination of the criminal
Object must be licit, identifiable or determinable, and
proceedings unless the crime would fall under article 33
susceptible for pecuniary estimation. It must have to be with
(criminal cases where the law grants an independent civil
a value, this will now be the basis of the judgement.
action) and article 36 (prejudicial question) criminal case is
Article 1157.Obligations arise from: suspended to await for the resolution of the civil action
because the issue raised therein is intimately related to the
(1)Law; issue raised in the criminal case, such that it determines the
guilt or the innocence of the accused.
(2)Contracts;
It is not a moto propio suspended- the court has no authority
(3)Quasi-contracts; to suspend it, you have to file a manifestation that there is a
prejudicial question as to warrant the suspention of the
(4)Acts or omissions punished by law; and criminial case…. when to file manifestation- at any time
before the prosecution rest its case or before the office of the
(5)Quasi-delicts. city prosecution where the affidavit complaint is filed.

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.

Article 1159.Obligations arising from contracts have


the force of law between the contracting parties and
should be complied with in good faith.

AUTONOMY OF WILL

-Free to stipulate terms and conditions provided that it is not


contrary to law, morals, public morals, public order, and
public policy.