The document defines and discusses the nature of obligations under the Civil Code. It begins by providing the definition of an obligation from Article 1156 - that an obligation is a juridical necessity to give, do, or not do something. It explains that obligations are legally enforceable duties or ties that bind one party to another. Obligations must be enforceable through legal consequences like courts, otherwise they are merely natural obligations.
The document defines and discusses the nature of obligations under the Civil Code. It begins by providing the definition of an obligation from Article 1156 - that an obligation is a juridical necessity to give, do, or not do something. It explains that obligations are legally enforceable duties or ties that bind one party to another. Obligations must be enforceable through legal consequences like courts, otherwise they are merely natural obligations.
The document defines and discusses the nature of obligations under the Civil Code. It begins by providing the definition of an obligation from Article 1156 - that an obligation is a juridical necessity to give, do, or not do something. It explains that obligations are legally enforceable duties or ties that bind one party to another. Obligations must be enforceable through legal consequences like courts, otherwise they are merely natural obligations.
TITLE I In other words, the debtor must comply with
his obligation whether he likes it or not;
OBLIGATIONS otherwise, his failure will be visited with (Arts. 1156-1304.) some harmful or undesirable legal consequences. Chapter I If obligations were not made enforceable, then GENERAL PROVISIONS people can disregard them with impunity. If an obligation cannot be enforced, it may be only a ARTICLE 1156. An obligation is a juridical natural obligation. necessity to give, to do or not to do. Nature of Obligations under the Civil Code Meaning of obligation The definition of obligation in Article 1156 o It is derived from the Latin word refers to civil obligations which are enforceable in “obligatio” which means a “tying” or court when breached. It does not cover natural “binding.” obligations. o It is a tie of law or a juridical bond by virtue of which one is bound in favor of another to render something — and this may consist in giving a thing, doing a certain act, or not doing a certain act. o Manresa defines the term as “a legal relation established between one party and another, whereby the latter is bound to the fulfillment of a prestation which the former may demand of him.” (8 Manresa 13.) o Article 1156 gives the Civil Code definition of obligation, in its passive aspect. Our law merely stresses the duty of the debtor or obligor (he who has the duty of giving, doing, or not doing) when it speaks of obligation as a juridical necessity.
Is there a difference between obligation and duty
or they are just synonymously in nature?
Meaning of juridical necessity
o Obligation is a juridical necessity 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 that it represents.