1. International Civil Litigation Procedure
Obligation

2. Today’s Class Definition of Obligation Source of Obligations
Revision of the last class
Definition of Obligation
Source of Obligations
Classifications of Obligations

3. Revision What is a tort and capacity to commit a tortious act ?
Describe different kinds of Judicial persons
Classifications of property
Restrictions on property
Explain the principle of good faith

4. Legal Capacity for Tortious Acts
= ability to commit a tort which results into a damage for which compensation is mandatory
Tort: intentional or negligent unlawful act that created loss.
No capacity = a person who has not reached the age of 7 is not responsible for damage caused to another person.
Limited capacity = a person who has not yet reached the age of 18 is responsible for damage he inflicts on another person if, when committing the damaging act, he does have the insight required to recognise his responsibility.
Full capacity = when the person has reached the age of 18.

5. Good faith
Good faith (Latin: bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction.
Ensure that relationships are fair beyond formulations in the contract
Ensure exact and precise performance according to the terms of the contract
Knowledge about the lack of title at the time of the purchase?
unless he should have known  bad faith

6. Obligations

7. If you have not signed a contract, you are under no obligation to pay them any money.
You have a legal obligation to ensure your child receives an education.
Beach operators do not have a legal obligation to provide against injury or drowning.
One has an obligation to one's friends.
It's her moral obligation to tell the police what she knows.
Are you under a contractual obligation to any other company?
You have a legal obligation to inform the police about the crash.

8. Obligations
an act or course of action to which a person is morally or legally bound; a duty or commitment
Legal obligation is a juridical necessity to give, to do or not to do.
obligation = rights.

9. Sources Obligations arise from: Law; Contracts; Quasi-contracts;
Acts or omissions punished by law; and
Quasi-delicts.

10. LAW as a source of obligations
legal obligations imposed by specific provisions of law, Examples:
It is the duty of the Spouses to support each other.
the duty of every person having an income to pay taxes.
Contract?

11. Contract
a written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law
Contract is the meeting of minds between two person whereby one binds himself with respect to the other
Obligations arising from contracts have the force of law between the contracting parties because that which is agreed upon in the contract by the parties is the law between them, thus, the agreement should be complied with in good faith.

12. QUASI-CONTRACTS Payment by mistake
It is the juridical relation which arises when a person is obliged to return something received by him through error or mistake.
Example- A owed B the sum of US By mistake, A paid USD B has the obligation to return the US excess because there was payment by mistake.

13. DELICTS Civil liability arising from torts:
Restitution – which is the restoration of or returning the object of the crime to the injured party.
Reparation – which is the payment by the offender of the value of the object of the crime, when such object cannot be returned to the injured party.
Indemnification – the consequential damages which includes the payment of other damages that may have been caused to the injures party.

14. QUASI-DELICTS - Torts
Quasi-delict is one where whoever by act or omission causes damage to another, there being fault of negligence, is obliged to pay for the damage done. Such fault of negligence, if there is no pre-existing contractual relation between the parties.

15. Classifications of Obligation
Unilateral and Bilateral
Real and Personal
Determinate and Generic
Civil and Natural
inter vivos and mortis causa
Pure and Conditional
Obligation with a Period

16. PURE OBLIGATION is one which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable.
CONDITIONAL OBLIGATION is one whose consequences are subject in one way or another to the fulfillment of a condition
Example:
A museum bought a Picasso painting from an art gallery with the express agreement that full payment will be made only upon delivery. If the painting is delivered, the museum’s obligation to pay. If the painting is not delivered because it was burned due to a fire, the museum’s obligation is extinguished as it is indubitable that there will never be a delivery of the painting anymore.

17. POTESTATIVE CONDITION – is a suspensive condition which depends upon the sole will of one of the contracting parties. (creates a void obligation if it depends upon the will of the debtor [obligor] alone [e.g. “I will pay you if I want.”])
IMPOSSIBLE CONDITION - contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them.
Psychically impossible
Legally impossible

18. IMPOSSIBLE CONDITION - If the obligation is divisible, the part thereof which is not affected by the impossible or unlawful condition shall be valid.
Ex. I will give you 400 US if you sell my your phone and give you a car if you kill A.

19. – only one party is obliged to comply with the duty

21. Real and Personal Obligations
real obligations - undertakings to give or deliver property, possession, or enjoyment
personal obligations - undertakings either to do or not do all kinds of work or service

22. Determinate and generic obligation
A determinate obligation, is one which has for its object a certain thing; as an obligation to deliver a certain horse named Bucephalus. In this case the obligation can only be discharged by delivering the identical horse.
An indeterminate obligation is one where the obligor binds himself to deliver one of a certain species; as to deliver a horse, the delivery of any horse will discharge the obligation.

23. Civil and natural obligation
Natural obligation cannot be enforced in a court of justice, for example obligations based on betting, game (between private persons)
Civil obligation - has a binding operation in law, vinculum juris, and which gives to the obligee the right of enforcing it in a court of justice