Obligation Meaning in Philippine Law

1553. A provision exempting the seller from the obligation to evict is void if he acted in bad faith. (1476) Any provision exempting the agent from liability is null and void. (1720 bis) In the meantime, the act arising from the original obligation is suspended. (1170) Article 1210. The indivisibility of an obligation does not necessarily give rise to solidarity. Solidarity in itself does not mean indivisibility. (n) Article 2008. The custodian of the seized property is obliged to fulfil all the obligations of a prudent father in this regard. (1788) The obligation to pay taxes is an example. Those that are clearly defined in the National Tax Code (R.A. 8424) are recoverable, and those that are not clearly expressed are not presumed. Perfect obligations give one party the right to take legal action against the other party for non-performance.

These obligations may be moral, natural or civil. A perfect obligation is personal, because a party undertakes to perform an act, but not all executors and heirs are bound. For example, a person might be required to pay a certain amount of money to another party each month, but this obligation would end when the person dies. Negotiorum gestio is the voluntary management of the property, affairs or affairs of others without their consent or authority, which creates an obligation to reimburse necessary expenses spent by the door.9 According to the Ethiopian Civil Code, Book IV refers to obligations but does not contain a specific definition. Like French judges who apply Article 1101 of the French Civil Code, Ethiopian judges apply the principle of an obligation based on legal circumstances. This Agreement exists between two or more parties or persons in which they delete, modify or create obligations in the legal sense. 1235. If the creditor accepts the performance with knowledge of its incomplete or irregular nature and without protest or opposition, the obligation is deemed to have been fully fulfilled.

(n) 2. For the purposes of this Title, “insolvent” means a person who has not paid his debts in the ordinary course of business or who is unable to pay his debts when they fall due, whether or not insolvency proceedings have been commenced. Here are some common uses of the term “obligation” in the legal sense: One of the earliest known classifications was made by Gaius in his institutions, who divided obligations into ex contracted obligations (obligations arising from legal action) and ex delicto obligations (obligations arising from illegal and unlawful acts). However, since this classification is clearly too vague, Gaius, in his book Res cottidinanae, classified all the obligations as ex contractu obligations and ex delicto obligations mentioned above, as well as obligations ex variis causarum figuris, a heterogeneous category intended to include all cases of obligations not arising from torts or contracts. (1) if it becomes insolvent after the conclusion of the obligation, unless it provides security or security for the debt; According to the law, civil obligations may be secured by lien, confiscation, the debtor`s property, security or other means provided for in the contract. These types of provisions are civil law. Article 2239 If property other than that referred to in the preceding article is held by two or more persons, one of whom is the insolvent debtor, his undivided share or his share thereof forms part of the property of which the assignee must take possession in order to discharge the obligations of the insolvent debtor. (n) If the goods are dispatched and the goods can be delivered by bill of lading to the seller or his authorized representative or at the request of the seller or his representative, the seller retains title to the goods. However, if ownership, other than the form of the bill of lading, would have passed to the buyer upon shipment of the goods, ownership of the goods by the seller shall be deemed to be deemed only for the purpose of ensuring the performance of the buyer`s contractual obligations. In the event of fraud, bad faith, malice or wilful attitude, the debtor is liable for all damages reasonably attributable to the non-performance of the obligation. (1107a) 1192. If both parties have breached the obligation, the liability of the first infractor is reasonably mitigated by the courts.

If it is not possible to determine which of the parties violated the contract first, the contract is deemed null and void and each bears its own damages. (n) The same obligation applies to it if the management was intended to prevent imminent and obvious damage, although no benefit could have been derived therefrom. (1893) Art. 2083. If the person required to furnish security in the cases contemplated in the preceding section is unable to do so, he is replaced by a pledge or hypothec deemed sufficient to cover his obligation. (1855) 2. A conditional obligation is defined as the obligation to pay or perform certain acts depends on the occurrence of an event. (2) if it follows from the nature and circumstances of the obligation that the determination of the time at which the goods or services are to be performed was a decisive reason for the conclusion of the contract; or In the case of performance obligations, their value is the basis for damages. (1303a) Art. 1236. The creditor is not obliged to accept payments or services from a third person who has no interest in fulfilling the obligation, unless otherwise agreed. If the deed is not negotiable, that person also acquires the right to inform the bailiff who issued the deed of the transfer, thereby acquiring the direct obligation of that bailiff to hold the goods for him in accordance with the provisions of the deed.

The debtor does not have the right to choose which conditions are impossible, illegal or could not have been the subject of the obligation. (1132) You can rely on Legal Store`s specialist lawyers to provide you with legal services related to the performance of civil law obligations. We provide our services to natural and legal persons as soon as possible and in electronic form. 1. If one of the things is lost by a fortuitous event, he must fulfil the obligation by delivering what the creditor must choose from among the others or what remains if there is only one; In the case of a simple or open-ended appointment, it affects not only the principal obligation, but also all its accessories, including the legal costs provided for the latter, so that the surety is liable only for the costs incurred after being convicted by the judge. (1827a) art. 1181. In the case of contingent obligations, the acquisition of rights and the extinguishment or loss of rights already acquired depend on the occurrence of the event constituting the condition. (1114) (4) If it deteriorates as a result of the debtor`s fault, the creditor may choose between withdrawal of the obligation and performance, in both cases by paying damages; Kind. 1852.