RA 386, Book 4
Study online at https://quizlet.com/_6j6qzm
1. RA 386 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE
OF THE PHILIPPINES
2. RA 386 Book 4 The law on obligations and contracts which is the body of
rules that deals with the nature and sources of obligations
and the rights and duties arising from agreements and
particular contracts.
3. Article 1423 Which Article talks about Kinds of Obligations According
to Nature.
4. Civil Obligations Gives right of action to compel (force to oblige) their per-
formance.
5. Natural Obliga- Based on equity and natural law; does not grant a right of
tions action to enforce performance. Merges with moral obliga-
tions.
An obligation arising out of considerations of right and
wrong. It is an obligation arising from ethical motives, or
a mere conscientious duty, unconnected with any legal
obligation, perfect or imperfect, or with the receipt of ben-
efit by the promisor of a material or pecuniary nature.
6. Article 1156 States that an obligation is a juridical necessity to give, to
do or not do.
7. Obligatio This is the origin word of 'obligation' meaning bonding/ty-
ing.
8. Active Subject The one who can compel compliance with the obligation.
During the beginning of the project, the client is the
_________ because he/she will be asked to pay the ac-
ceptance fee of the designer. However, afterwards, the
designer will be the _________ since they will be the one
to comply to the client's requests.
9. Passive Subject The one compelled to comply compliance with the oblig-
ation. During the beginning, this will be the designer be-
cause they are the ones who ask for the Acceptance
1/3
RA 386, Book 4
Study online at https://quizlet.com/_6j6qzm
Fee. However, afterwards, the client will be the _________
since they are the ones who are passive while the design-
er complies with their requirements.
10. Juridical Also known as 'legal tie' and 'efficient cause', that which
binds the parties or connects the parties to the obligation.
11. Prestation That which is an object or undertaking of the obligation or
that which is to be given (service), to be done or not to be
done.
12. Sources of Oblig- This is stated in Article 1157. Stating that this obligation
ations was sourced from: law, contracts, quasi-contracts, acts or
omissions punished by law, quasi-delicts.
13. Article 1159 Which Article states that obligations arising from contracts
have the force of law between the contracting parties and
should be complied with in good faith.
14. Article 1167 Which Article states that if a person obliged to
15. Quasi-contracts An obligation of one party to another imposed by law
independently of an agreement between the parties.
16. Quasi-delicts Is a negligent act or omission which causes harm or dam-
age to the person or property of another, and thus exposes
a person to civil liability in civil law jurisdictions, as if the
act or omission was intentional (a delict). A French legal
term used in some civil law jurisdictions, encompassing
the common law concept of negligence as the breach of a
non-wilful extra-contractual obligation to third parties.
17. Article 1170 Article that introduced the Sources of Liability for Dam-
ages. Talkes about Incidental Fraud (dolo incidente) 'Dolo',
meaning intentional non-performance of obligation; de-
ception. There is an intent to evade the normal fulfillment of
the obligation and to cause damage. Responsibility arising
from ___________ is demandable in all obligation. Any
waiver of an action for future fraud is void.
2/3
RA 386, Book 4
Study online at https://quizlet.com/_6j6qzm
18. Casual Fraud Type of fraud talked about in Article 1338. Also called Dolo
Causante. This is fraud used by one of the parties to a
contract in securing the consent of the other party. It viti-
ates consent and is ground for annulment of the contract
by the innocent party. This renders contracts voidable,
which makes the contract valid but subject to annulment
by reason of defective consent.). This is also considered
fraud in the consent to a contract. Renders the contract
defective and subject it to annulment an at the same time
giving the innocent party a right to ask for damages.
19. Incidental Fraud Also known as Dolo Incidente, does not affect the validity
of the contract. It is also fraud in the performance of an
obligation. Renders the guilty party liable for damages
while
3/3
