Obligations and Contracts
Obligations and Contracts
Obligations and Contracts
Article 1159: Obligations arising from contracts have the force of law between the contracting parties
and should be complied with in good faith.
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.
1. Binding force- contract must be valid and it cannot be valid if it is against the law.
2. Requirement of a valid contract- it is not contrary to law, morals, good customs, public order,
and public policy.
Compliance in good faith- means compliance/performance in accordance with the
stipulations/terms of the contract/agreement. (Sincerity and honesty must be observed)
Article 1160: Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1,
Title XVII of this Book.
Quasi-contract- is that juridical relation resulting from lawful, voluntary and unilateral acts by
virtue of which the parties become bound to each other to the end that no one will be unjustly
enriched/benefited at the expense of another.
3 Kinds of Quasi-Contracts
1. Negotiorum Gestio- is the voluntary management of the property/affairs of another without the
knowledge/consent of the latter.
2. Solutio Indebiti- is the juridical relation which is created when something is received when there
is no right to demand it and it was unduly delivered through mistake.
2 Requisites of Solutio Indebiti
1. There is no right to receive the thing delivered; and
2. The thing was delivered through mistake.
3. Other quasi-contracts- Article 2164 to Article 2175 of the Civil Code
Article 1161: Civil obligations arising from criminal offenses shall be governed by the penal laws,
subject to the provisions of article 2177, and of the pertinent provisions of Chapter 2, Preliminary
Title, on Human Relations, and of Title XVIII of this Book, regulating damages.
3 Scopes of Civil liability for damages arising from crimes
1. Restitution
2. Reparation for the damage caused
3. Indemnification for consequential damages
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.
Quasi-delict- is an act/omission by a person (tortfeasor) which causes damage to another in his
person, property, or rights giving rise to an obligation to pay for the damage done, there being
fault/negligence but there is no pre-existing contractual relation between the parties.
5 Requisites of Quasi-delict
1.
2.
3.
4.