OBLIGATIONS AND CONTRACTS Issue: Who is bound to pay the bill: B
and C, the parents-in-law of the patient, or
CHAPTER 1 – GENERAL PROVISIONS the husband of the latter?
Held: The rendering of medical
ARTICLE 1158 assistance in case of illness is comprised
Obligations derived from law are not among the mutual obligations to which
presumed. Only those expressly determined spouses are bound by way of mutual support.
in this Code or in special laws are If spouses are mutually bound to support each
demandable and shall be regulated by the other, there can be no question that when
precepts of the law which establishes them; either of them by reason of illness should
and as to what has not been foreseen, by the need medical assistance, the other is to
provisions of this Book. render the unavoidable obligation to furnish
the services of a physician and is liable for all
LEGAL OBLIGATIONS expenses, including the fees for professional
** Obligations arising from law. services.
** Not presumed, considered as burden to CASE 2: Title to property purchased by a
obligor. person for his own benefit but paid by
** Exception, not the rule. another.
** Must be clearly set forth in the law to be Facts: X, of legal age, bought two
demandable. vessels from B, the purchase price thereof
EXAMPLES: being paid by C, X’s father. Subsequently,
1. An employer has no obligation to differences arose between X and C. The latter
furnish free legal assistance to his brought action to recover the vessels, he paid
employees because no law requires the purchase price.
this. No reimbursements shall be held Issue: Is there any obligation on the
for the amount paid to a lawyer by an part of X to transfer the ownership of the
employee to recover damages while vessel to C?
in the performance of his duties. Held: None. If any such obligation was
2. A private school has no legal ever created on the part of X, said obligation
obligation to provide clothing must arise from law. But obligations derived
allowance to its teachers because from law are not presumed. Only those
there is no law imposing this upon expressly determined in the Civil Code or in
schools. special laws are demandable. Whatever right
3. A person who wins money in C may have against X either for the recovery
gambling has the duty to return his of the money paid or for damages, such
winnings to the loser. payment gave him no title, either legal or
equitable, to these vessels.
ILLUSTRATIVE CASES: Note: If X were a minor, the vessels
CASE 1: Liability of husband for medical would belong to C in ownership and usufruct
assistance rendered to his wife but contracted under Article 161 of the old Civil Code. (now
by his parents. Art. 324) Under Article 1448, the payment
Facts: X, by virtue of having been sent may give rise to a gift or an implied trust.
for by B and C, attended as physician and
rendered professional services to a daughter- MUTUAL OBLIGATION
in-law of B and C during a difficult and - Established between married couple.
laborious childbirth.
SPECIAL LAWS
- All laws not contained in Civil Code.