Teffany A.

Sandag February 28,

Law on Obligations and Contracts Reymar Ismael

Reflective Essay

Throughout the years, I only knew few little laws that exist in the state.
Much more on the law of obligations and contracts. This is because I am not
into contracts to avoid many obligations or having different contracts. I am not
aware of these things. Not until this subject come into my way. The law on
obligations and contracts gives me so much knowledge and realization about
having an obligation in a contract. It gives me knowledge about my rights when
I enter an obligation or when I enter a contract. So much for that, this subject
change my totality. It enhances my personality and my awareness. It broadens
my knowledge about my rights and I am confident on my acts as I already
know the rules that I must follow when I enter into contracts.

We had already discussed the general nature of law. The law is any rule
of action or any system of uniformity. From the definition being stated, the law
is divided into two general groups: the law in the strict legal sense and the law
in the non-legal sense. The law in a strict legal sense are those who are
promulgated and enforced by the state. Example is the state law. The law in
the non-legal sense are those who are not promulgated and enforced by the
state. Examples are divine law, natural law, moral law and physical law. These
examples are the subject of law. Divine law is the law of religion and faith.
Natural law is the law of internal dictates of man. Moral laws are those that are
based on ethics. While, physical law is the law of physical science. On the other
hand, state law is also called positive law, municipal law, civil law, or
imperative law. The law which is promulgated by the state.

I am just a normal citizen of this state. Despite not knowing the totality
of law, I act accordingly and I assure that I did not violate the rules of my
country. The presence of these laws are essential to the peace and order of a
state. It secures justice, resolves social conflict, orders society protects interest
and controls social relations. Therefore, life without law would be very difficult.
It would not be the same as today. And if life without law would be the same
as of today? Then the presence of law is not necessary. Law may come from
the Constitution, legislation, administrative rules and regulations, judicial
decisions and customs.

The Republic Act No. 386, otherwise known as the Civil Code of the
Philippines is divided into four books. They are Persons and Family Relations;
Properties, Ownership and its Modifications; Modes of Acquiring Ownership;
and the last book is the Obligations and Contracts. I learned about the law on
obligations and contracts based on the discussion that we have made.

The law on obligations and contracts is the book four of the Civil Code of
the Philipppines. Title 1 of this book in the Articles 1156-1304 talks about
obligations. I learned in Art. 1156 that an obligation is a juridical necessity to
give, to do, or not to do. It is a juridical necessity, because by law, it should be
done. I have learned that the debtor and the creditor have an obligations to
perform when they enter into contracts. However, obligations does not only
come from contracts. Art. 1157 states that obligation may arise from law,
contracts, quasi-contracts, crimes and quasi-delicts. The law itself provides
obligation. As a member of the state, I have learned that I am obliged to follow
the rule, to follow the law. A contract is the meeting of the minds between the
contracting parties. Therefore, each party is obliged to perform their
obligations. Quasi-contract is a lawful, voluntary and unilateral acts by that the
parties shall be bound to each other so that no one will be unjustly enriched or
benefited at the expense of another. A crime is any acts or omission punished
by the law. While, a quasi-delicts is an omission by a person which causes to
another person without but is no pre –existing contractual relation between
two parties.

After the discussion in chapter 1, Sir Dico told us to study the chapter 2
of the book which is the Nature and Effects of Obligations. It is the time I have
to study, because I know that this is going to be a long quiz. The next meeting,
Sir Dico gave us a 100 item quiz. I have learned from chapter two the different
nature and effects of every obligation. It is stated in Art. 1163 that every
person obliged to give something is also obliged to take care of it with a proper
diligence of a good father of the family unless the stipulation of the parties or
the law requires another standard of care. Here I understood that a debtor is
obliged to deliver the thing with a proper care. The thing being refer to this
provision is either a determinate or specific thing or indeterminate or generic
thing. When we say determinate or specific thing, it refers to the individuality
of the thing. So the debtor cannot substitute it with another without the
consent of the creditor. The generic or indeterminate thing is identified
according to its class or specie. So the debtor can give anything as long as it is
of the same class. The failure of the debtor to comply his obligation demand to
fulfill his obligation or he may be answer the damages resulting from non-
compliance of the obligation.

As a creditor he has the right to the fruits so the thing as the time the
obligation to deliver arises. However, he shall acquire o real right over it until
the thing has been delivered to him. Ownership of the acquired thing by
delivery are acquired and transmitted through a contract. In the case where
there has been no delivery yet, the court action of the creditor is for the
specific performance or rescission of his obligation. When the debtor fails to
comply with his obligation, he may be demanded to perform specific
obligation, the delivery of the thing maybe demanding to rescission or the
debtor may be demanded for the payment of damages only. On the other
hand, when a debtor performs an obligation which should not be done, he
shall obliged to abstain his acts. This is under Art. 1168. When the obligation
consists in not doing, and the obligor does what has been forbidden to him, he
shall also be undone at his expense. Therefore, the obligor shall undo the
forbidden thing and shall pay the damages on his acts of doing.

There are also cases that the delivery of the thing was delayed and the
debtor shall be liable for the damages as a result for the delayed of the
delivery. However, there is no delay in a negative personal obligation because
it is impossible for the debtor to fulfill what is forbidden to fulfill.

I have also learned from the discussion of Sir Dico about the type of
obligation. An obligation can either be civil or natural obligation. Title III of this
book tackles about natural obligations under the Arts. 1423-1430 of the Civil
Code. A natural obligations are those who are not based on positive law, but
on equality and natural law, do not grant a right of action to enforce their
performance, but after voluntary fulfillment of the obligor, they authorized the
retention of what has been delivered or rendered by reason thereof.
(Art.1423). on the other hand, Civil obligation give a right of action to compel
performances. (Art. 1156). Ther are several cases which fall under the natural
obligation but become a civil obligation ones an obligor voluntarily peform his
obligation. Example, when a contract has prescribed or the reimbursement of
the third person without knowledge or will of the debtor, the obligor is not
obliged to pay the debt. However, when the obligor voluntarily perform an
obligation, he cannot demand to recover what he has paid because he has the
moral duty to pay his debt. Another example is that when an heir voluntarily
pays the debt of a decease, the payment is effective and irrevocable. These are
the cases which the debtor is not obliged to perform an obligation. However,
when he voluntarily perform an obligation, he cannot recover the payment