Understanding Obligations and Sources of Law in the Philippines
Key insights
- ⚖️ Module 2 covers articles 1156 to 1162 of the new civil code of the Philippines
- 📚 Learning outcomes include discussing essential requisites of an obligation and comparing the five sources of obligations
- 🔍 Definition of an obligation as a juridical necessity to give, do, or not to do, Emphasis on the duty of the debtor/obliger in the definition of an obligation
- ⭐ Understanding the essential requisites of an obligation is crucial as it determines the legitimacy and enforceability of the obligation in courts
- 🔑 Difference between positive law and natural obligations, Essential requisites of an obligation: passive and active subjects, object, and juridical or legal source
- 📝 Obligations can be oral, in writing, or a mix of both, Legal wrongs involve violation of legal rights and corresponding obligations
- 💼 Real obligation is the obligation to deliver, while personal obligations can be positive or negative.
- 💰 The tax code of 1997 imposes obligation to pay taxes, Contracts and quasi-delict as primary sources of obligation
Q&A
What are the primary sources of obligation?
The tax code of 1997, contracts, civil liability due to a criminal offense, and quasi-delict are highlighted as sources of obligations to pay taxes, support family, return what is paid, and address damages caused by fault or negligence. Contracts and quasi-delict are emphasized as the primary sources of obligation.
What are the types of obligations discussed in the video?
The video discusses real and personal obligations, distinguishing between positive and negative personal obligations. It also explains that obligations can arise from law, contracts, quasi contracts, acts, or omissions punished by law, providing examples and distinctions to illustrate these types of obligations.
What are the essential requisites of an obligation?
The essential requisites of an obligation include passive and active subjects, object, and juridical or legal source. Understanding these requisites is crucial as they determine the legitimacy and enforceability of the obligation in courts.
Why is understanding judicial necessity important?
Understanding judicial necessity is crucial as it defines the enforceability of obligations in courts of justice. It impacts the duty of the debtor/obliger and the consequences of non-compliance, emphasizing the significance of fulfilling obligations.
What does the video cover?
The video covers Module 2 on general provisions on applications, including articles 1156 to 1162 of the new civil code of the Philippines. It discusses essential requisites of an obligation, the five sources of obligations, and the form of obligations to be binding and enforceable. Additionally, it explains the definition of an obligation as a juridical necessity to give, do, or not to do.
- 00:04 Attorneys Benjamin and April discuss module 2 on general provisions on applications, covering articles 1156 to 1162 of the new civil code of the Philippines. They highlight the essential requisites of an obligation, the five sources of obligations, and the form of obligations to be binding and enforceable. They also explain the definition of an obligation as a juridical necessity to give, do, or not to do.
- 02:50 The video discusses judicial necessity, enforcement of obligations, types of obligations (civil and natural), and consequences of non-compliance.
- 06:13 Understanding the essential requisites of an obligation is crucial as it determines the legitimacy and enforceability of the obligation in courts. Natural obligations, although voluntary, are not enforceable in courts.
- 11:01 The segment discusses the source of obligations, the form of obligations, legal wrongs, and the elements of a legal wrong.
- 18:18 The video discusses real and personal obligations with examples and distinctions between positive and negative personal obligations. Obligations arise from law, contracts, quasi contracts, acts, or omissions punished by law.
- 22:52 The tax code of 1997, contracts, civil liability, criminal offense, quasi-delict are sources of obligation to pay taxes, support family, return what is paid, and address damages caused by fault or negligence. Contracts and quasi-delict are the primary sources of obligation.