Obliga ART.
1156
An obligation is a juridical necessity to give, to do, or not to do.
TO DO – includes all kinds of work or services
TO GIVE – a prestation which consists in the delivery of a movable or
immovable thing to create a real right.
- An obligation is a juridical relation between the creditor and
debtor.
RIGHT – a claim or title to an interest in anything that is enforceable by
law.
Note: for every right enjoyed by any person, there is a corresponding obligation.
REAL OBLIGATION
Obligation of the debtor or obligor to deliver the thing to the creditor or
obligee.
KINDS OF REAL OBLIGATION
Determinate or Specific Real Obligation Indeterminate or Generic Real Obligation
To deliver a determinate or To deliver an indeterminate
specific thing or generic thing
A thing is determinate when it is particularly Designated merely by its class or genus
designated or physically segregated from all
without any particular designation or
others of the same class.
physical segregation.
PERSONAL OBLIGATION
Obligation to do also known as positive personal obligation
Obligation not to do also known as negative personal obligation
KINDS OF PERSONAL OBLIGATION
POSITIVE PERSONAL OBLIGATION NEGATIVE PERSONAL OBLIGATION
(OBLIGATION TO DO) (OBLIGATION NOT TO DO)
Obligation to perform Obligation not to perform
Example:
The obligation not to construct an extension
on a house as per agreement in a contract.
Essential Elements of an Obligation:
1. Passive Subject or Debtor or Obligor
Whom the obligation is demanded
Has the obligation to give, to do or not to do
2. Active Subject or Creditor or Obligee
Has the right to demand fulfilment of the obligation
3. Object
Prestation or service
Conduct of debtor or oblige which may consist of giving, doing or not doing
something
4. Juridical or Legal Tie or Efficient Cause or Vinculum Juris
Creates the relation between the passive subject
ART. 1157
Obligations arises from:
1. Law;
2. Contracts;
3. Quasi-contracts;
4. Acts or omissions punished by law; and
5. Quasi-delicts\
Above mentioned are the exclusive “sources of obligation” under the Civil
Code. An obligation is imposed on a person, whether natural or juridical.
LAW
A rule of conduct, just, obligatory, promulgated by legitimate authority, and
of common observance and benefit.
CONTRACTS
A meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service.
Contract undergoes stages:
negotiation or preparation > perfection > consummation
Negotiation : parties indicate their interest
Perfection : contract takes place upon the concurrence of the essential elements
thereof.
Consummation : parties perform their respective undertakings under the contract
culminating in the extinguishment thereof.
Note: until the contract is perfected, it cannot, as an independent source of obligation, serve as a binding juridical relation.
QUASI-CONTRACT
Certain lawful, voluntary, and unilateral acts give rise to the juridical relation of quasi-
contract to the end of no one shall be unjustly enriched or benefited at the expense of
another.
Condition of unjust enrichment
A person is unjustly benefited
Such benefit is derived at the expense of or to the damage of another
KINDS OF QUASI-CONTRACTS
NEGOTIORUM GESTIO SOLUTIO INDEBITI
Who voluntarily takes charge of the agency or
management of the business of property without
any power of the latter, is obliged to continue the
same until the termination of the affair.
No negotiorum gestio if: a) when property or
business is not neglected or abandoned
b) if in fact the manager has been tacitly
authorized by the owner.
