ARTICLE1156.
An obligation is a juridical
necessity to give, to do or not to do. (n)
3. OBJECT OR PRESTATION (subject
NATURE OF OBLIGATION UNDER THE matter of the obligation) or the
CIVIL CODE conduct required to be observed by
Civil Obligation the debtor.
Obligations that give the creditor a May consist in giving,
right under law to enforce their doing, or not doing
performance in court of justice. Without the prestation, there
is nothing to perform.
Natural Obligation
Do not grant a right of action to 4. A JURIDICAL OR LEGAL TIE (also
enforce their performance although called efficient cause) or that which
in case of voluntary fulfillment by the binds or connects the parties to
debtor, the latter may not recover the obligation
what has been delivered or rendered The tie in an obligation can
by reason thereof. easily be determined by
knowing the source of the
Four (4) essential elements/requisites of obligation.
an obligation Sources of obligation
Law
1. PASSIVE SUBJECT (Debtor or
Contracts
obligor) - he who has the duty of
Quasi-contracts
giving, doing, or not doing
Delicts or crime
Quasi-delicts
Must comply with his
obligation whether he likes it Obligation is a juridical necessity because
or not in case of non-compliance, the courts of
The person who is bound to justice may be called upon to enforce its
the fulfillment of the fulfillment
obligation; he who has a
duty. Obligations which give to the creditor or
obligee a right of action in courts of justice
2. ACTIVE SUBJECT (Creditor or to enforce their performance are known as
obligee) - he who has the right to civil obligations.
the performance of the obligation for
the violation of his rights.
The person who is entitled to
demand the fulfillment of
the obligation; he who has a
right.
OBLIGATION, RIGHT, AND WRONG the recompense or compensation
(CAUSE OF ACTION) DISTINGUISHED awarded or recoverable for the
damage or loss suffered.
(1) Obligation is the act or performance
which the law will enforce EXISTENCE OF ONE WITHOUT THE
OTHER
(2) Right is the power which a person has
under the law, to demand from another any Note: There may be injury without damage
prestation. and damage without injury.
(3) A wrong (cause of action), is an act or (1) Proof of loss for injury. — A wrongful
omission of one party in violation of the violation of his legal right is not sufficient to
legal right or rights of another, causing entitle a person to sue another in a court of
injury to the latter; justice.
Note: Cause of action is not the same as there must be, in addition, loss or
obligation. damage caused to him by the
violation of his right
Note: Subject matter is not the same as
obligation. (2) Liability for damages of a person for
exercising his legal rights. — A person has
What is SUBJECT MATTER?
the right to take all legal steps to enforce
Refers to the ITEM which is the his legal and/ or equitable rights
source of the controversy.
One who makes use of his legal
What is CAUSE OF ACTION? right does no injury
If damage results from a person’s
Is the act or omission that is in exercising his legal rights, it is
violation of the legal right or rights of damage without injury
another.
NOTE: In other words, in order that the law
INJURY, DAMAGE, AND DAMAGES will give redress for an act (or omission)
DISTINGUISHED causing damage, that act must be not only
hurtful, but wrongful.
Injury is the illegal invasion of a legal right;
it is the wrongful act or omission which
causes loss or harm to another
is the legal wrong to be redressed
Damage is the loss, hurt, or harm which
results from the injury.
Damages denote the sum of money
recoverable as amends for the wrongful act
or omission.
