Professional Documents
Culture Documents
OBLIGATIONS
Article 1156
An obligation
Is a juridical necessity
o To give (delivery to return to owner)
o To do or (all kinds of work or services)
o Not to do (abstaining from such act)
Juridical necessity
o Because in case of non-compliance, the courts
of justice may be called upon to enforce its
fulfillment or in default thereof, the economic
value it represents (claim damages)
Nature of Obligations
1.
2.
Civil obligations
o Obligations which give to the creditor or
obligee a right of action in courts to enforce
their performance
Natural obligations
o Do not grant a right of action to enforce their
performance although in case of voluntary
fulfillment by the debtor, the latter may not
recover what has been delivered or rendered
by reason thereof
Elements:
1.
2.
3.
4.
An active subject
o Called the obligee or creditor
o The possessor of a right
o Person who is entitled to demand the
fulfillment of the obligation
A passive subject
o Called the obligor or debtor
o Person who is bound to the fulfillment of the
obligation
The object or prestation
o The subject matter of the obligation
o Conduct required to be observed by the
debtor
o Without such, nothing to perform
o Requisites:
It must be possible, physically and
juridically
It must be determinate
It must have possible equivalent in
money
The efficient cause
o The vinculum or juridical tie
o That which binds or connects the parties to
the obligation
o Established by:
Law
Bilateral acts
Unilateral acts
Kinds of obligations according to subject matter
(1) Real obligation
o Obligation to give
o Subject matter is the thing that which the
obligor must deliver to the obligee
(2) Personal obligation
o Obligation to do or not to do
o Subject matter is an act to be done or not to
be done
Elements of cause of action
(1) A legal right in favor of a person by whatever
means and under whatever law it arises or is
created
(2) A correlative legal obligation on the part of
another to respect or not to violate said right
(3) An act or omission in breach or violation of said
right by defendant with damage to the plaintiff
Article 1157
Sources of obligations:
(1) Law
o Not presumed (Article 1158)
Only those expressly determined
Not presumed because considered a
burden to the obligor
o Imposed by the law itself
(2) Contracts
o Arise from the stipulation of the parties
o Have the force of law between the
contracting parties and should be complied
with in good faith (Article 1159)
Contract
Is a meeting of minds between two
persons whereby one binds himself,
with respect to the other, to give
something or to render some service
Formal expression by the parties of
their rights and obligations they have
agreed upon with respect to each
other7
Good faith
Compliance
or performance in
Article 1170
Who are liable for damages?
Those who are in performance of their obligations
are guilty of fraud, negligence, or delay
o Responsibility arising from fraud (Article 1171)
Demandable in all obligations
Any waiver of an action for the future fraud
is void (against public policy)
Past fraud can be the subject of a valid