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RFBT 1

This document outlines the key topics in Obligations and Contracts that will be covered in the JBT syllabus. It discusses the definition of an obligation and the different kinds of obligations based on enforceability, subject matter, persons obliged, and affirmative/negative nature. It also examines the essential elements that comprise an obligation, including the active subject, passive subject, prestation or object, and juridical tie. Furthermore, it details the various sources of obligations that arise from law, contracts, quasi-contracts, delicts, quasi-delicts, and multiple sources. Specific examples are provided to illustrate concepts like negotiorum gestio, solutio indebiti, civil liability under the Revised Penal

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106 views2 pages

RFBT 1

This document outlines the key topics in Obligations and Contracts that will be covered in the JBT syllabus. It discusses the definition of an obligation and the different kinds of obligations based on enforceability, subject matter, persons obliged, and affirmative/negative nature. It also examines the essential elements that comprise an obligation, including the active subject, passive subject, prestation or object, and juridical tie. Furthermore, it details the various sources of obligations that arise from law, contracts, quasi-contracts, delicts, quasi-delicts, and multiple sources. Specific examples are provided to illustrate concepts like negotiorum gestio, solutio indebiti, civil liability under the Revised Penal

Uploaded by

betang0998
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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JBT SYLLABUS (RFBT)

OBLIGATIONS AND CONTRACTS SYLLABUS

OBLIGATIONS

I. Definition of Obligation – Art. 1156


1. Kinds of Obligations
a. As to Enforceability – Civil and Natural Obligations (Art. 1423 – Art.
1430)
b. As to Subject Matter – Real and Personal Obligations
c. As to Affirmative and Negativeness – Positive or Affirmative Obligation
and Negative Obligation
d. As to persons obliged – Unilateral and Bilateral Obligations

II. Essential Elements of an Obligation


1. Active Subject (creditor/oblige)
2. Passive Subject (debtor/obligor)
3. Prestation/Object
4. Vinculum Juris/ Efficient Cause/ Juridical Tie

III. Sources of an Obligation – Art. 1157 – Art. 1162


1. Law / Obligations Ex Lege – Art. 1158
a. Collector of Int. Rev. v. Fisher, et.al., L-11622 and L-11668, Jan. 28,
1961)
2. Contracts – Obligations Ex Contractu / Obligatory force in Contract – Art.
1159
a. Autonomy of Contract
b. Compliance in Good Faith
3. Quasi-contracts / Obligations Ex Quasi Contractu – Art. 1160 & Art. 2142
a. Unauthorized Management (Negotiorum gestio) – Art. 2144 – Art. 2145
1. Elements of Negotiorum gestio
2. Diligence of a good father of a family
b. Undue Payment (Solutio Indebiti) – Art. 2154 – Art. 2163
1. Elements of Solutio indebiti
2. Doctrine of Unjust Enrichment
4. Delict (Acts or omissions punishable by law) – Art. 1161, Art. 100 of the Revised
Penal Code
a. Civil Liability established under the Revised Penal Code
1. Restitution
2. Reparation
3. Indemnification for Consequential Damages – Art. 104, RPC
b. Kind of Proof Needed
1. Civil Liability
2. Criminal Liability
c. Effect of Acquittal of an accused

5. Quasi-delicts / Ex Quasi-Delicto – Art. 1162 & Art. 2176


a. Elements of Quasi-Delict
b. Definition of Negligence (Culpa)

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JBT SYLLABUS (RFBT)
JBT SYLLABUS (RFBT)
c. Vicarious Liability – Art. 2180
1. Defense – exercise of diligence of a good father of a family; For
employers, diligence in the selection and supervision of the
employee

6. Multiple Sources of Obligations – Saludaga vs. FEU, April 30, 2008, GR No.
179337
a. Illustration: A, a jeepney driver, was driving recklessly and killed B, a
pedestrian, and at the same time, injured C his passenger. The owner
of the Jeepney is D, the employer of A. What could be the sources of
Obligation as to B and C against A and D?
b. Double Recovery – Art. 2177

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JBT SYLLABUS (RFBT)

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