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    Module 1

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    Aron Villanueva is taking a module on law and obligations. The document discusses the essential requisites of an obligation including a passive subject, active subject, object or prestation, and juridical tie. It also explains that obligations under civil code are necessary for enforcement in courts. A person can acquire a right of action if they have a legal right, there is a correlative legal obligation, and an act or omission causes damages. Obligations can be incurred without a contract through responsibilities like upholding laws. Sample problems discuss liability in situations like a lost child being fed, a car accident, and a debtor unable to repay a loan.

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    Module 1

    Uploaded by

    shara santos
    104 views2 pages
    Aron Villanueva is taking a module on law and obligations. The document discusses the essential requisites of an obligation including a passive subject, active subject, object or prestation, and juridical tie. It also explains that obligations under civil code are necessary for enforcement in courts. A person can acquire a right of action if they have a legal right, there is a correlative legal obligation, and an act or omission causes damages. Obligations can be incurred without a contract through responsibilities like upholding laws. Sample problems discuss liability in situations like a lost child being fed, a car accident, and a debtor unable to repay a loan.

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    Aron Villanueva is taking a module on law and obligations. The document discusses the essential requisites of an obligation including a passive subject, active subject, object or prestation, and juridical tie. It also explains that obligations under civil code are necessary for enforcement in courts. A person can acquire a right of action if they have a legal right, there is a correlative legal obligation, and an act or omission causes damages. Obligations can be incurred without a contract through responsibilities like upholding laws. Sample problems discuss liability in situations like a lost child being fed, a car accident, and a debtor unable to repay a loan.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    104 views2 pages

    Module 1

    Uploaded by

    shara santos
    Aron Villanueva is taking a module on law and obligations. The document discusses the essential requisites of an obligation including a passive subject, active subject, object or prestation, and juridical tie. It also explains that obligations under civil code are necessary for enforcement in courts. A person can acquire a right of action if they have a legal right, there is a correlative legal obligation, and an act or omission causes damages. Obligations can be incurred without a contract through responsibilities like upholding laws. Sample problems discuss liability in situations like a lost child being fed, a car accident, and a debtor unable to repay a loan.

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    © All Rights Reserved
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    Aron Villanueva

    BSBA MM-21

    Module 1. INTRODUCTION TO LAW AND OBLIGATION IN GENERAL

    ANSWER THE FOLLOWING:


    DISCUSSION
    1. What are the essential requisites of an obligation? Give an example to illustrate
    them

     A passive subject (Debtor/Obligor)


    Ex. For a million dollars, D is obligated to give C the best dance he can get.
     Active subject (Creditor/Obligee)
    Ex. C has the right, until he agrees to offer the money, to enable D to perform.
     Object or Prestation
    Ex. Dancing to impress C
     Juridical or legal tie
    Ex. C is an American idol host, and is entitled to give what he feels are excellent
    performances.
    2. Why are obligations under the Civil Code a juridical necessity? Explain
     Because in case of noncompliance, the courts of justice may be called upon by the
    aggrieved party to enforce its fulfillment.

    3. What are the elements or requisites in order that a person may acquire a right of
    action in court against another to enforce the performance of the latter’s obligation?
    a. A legal right infavor of a person
    b. Correlative legal obligation on the part of another; to respect or not violate the said right
    c. An act or omission by the latter in violation of the said right with resulting damages to
    the former

    4. May a person incur obligations even without entering into any a contract or
    voluntary agreement? Explain
     Yes. Without entering into a contract, a person can incur responsibilities, such as
    upholding the laws of the land or doing his duty as the father of the house. There are
    responsibilities of this sort, although there are variations.

    PROBLEMS
    Explain or state briefly the rule of reason for your answers.
    1. X saw at about one (1:00 p.m.) in the afternoon a child alone in a shopping mall.
    The child who strayed from Y, his mother, was in tears and appeared very hungry.
    Out of pity, X took him to a restaurant to eat for which he spent P 150. Y did not
    give her consent to the good deed of X. Furthermore, they were on their way home
    before the child got lost. Is X entitled to be reimbursed by Y for the amount of
    P150?
     Yes, even though she did not give her consent, Y is responsible to X. X fed the infant and
    costs paid by Y and these should be reimbursed by X to discourage someone from being
    wrongly rewarded or benefiting at the expense of others.

    2. While the car of X was parked by the roadside, it was bumped at the rear by a jeep
    belonging to Y. Only the car of X suffered damage. Under the circumstances, does it
    follow that Y is liable to X for the damage?
     Yes, but even though there is no pre-existing contractual arrangement between them,
    because of Y's incompetence, X's car was impaired. If Y had not bumped X's car, it
    would not have hurt X's car. Y is, thus, responsible to X for the damages.

    3. In the same problem, has X the right to ask indemnity from R, employer of X, on
    the ground that when the accident occurred X was then on his way to transact
    business with a client of R?
     X has the reason to petition R for compensation and there is no legislation requiring

    4. D (debtor) borrowed P 10,000.00 from C (creditor). On the due date of the loan, D
    could not pay C because he lost to a robber the P 10,000.00 intended for C. In
    addition, he suffered financial reverses, and he was short of cash even for his
    current family’s needs. Is D legally justified to refuse to pay C?
     No, since he entered into a voluntary deal when D lent from C and D was willing and
    therefore the arrangement is legitimate. D should also cooperate in good conscience with
    their deal and have no legitimate reason for denying payment to C.

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