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    Book Iv Obligations and Contracts

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    Tori Peige
    This document discusses the definition and types of obligations under Philippine law. It defines a civil obligation as one that is legally binding and can be enforced in court. A natural obligation, on the other hand, is binding by natural law or conscience but cannot be enforced in court. The document outlines the four essential requisites of an obligation: a legal tie between parties, an obligee/creditor, an obligor/debtor, and the object or service that is owed. It also notes that while form is sometimes considered a fifth requisite, it is generally not essential for obligations established by law.

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    Book Iv Obligations and Contracts

    Uploaded by

    Tori Peige
    154 views2 pages
    This document discusses the definition and types of obligations under Philippine law. It defines a civil obligation as one that is legally binding and can be enforced in court. A natural obligation, on the other hand, is binding by natural law or conscience but cannot be enforced in court. The document outlines the four essential requisites of an obligation: a legal tie between parties, an obligee/creditor, an obligor/debtor, and the object or service that is owed. It also notes that while form is sometimes considered a fifth requisite, it is generally not essential for obligations established by law.

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    This document discusses the definition and types of obligations under Philippine law. It defines a civil obligation as one that is legally binding and can be enforced in court. A natural obligation, on the other hand, is binding by natural law or conscience but cannot be enforced in court. The document outlines the four essential requisites of an obligation: a legal tie between parties, an obligee/creditor, an obligor/debtor, and the object or service that is owed. It also notes that while form is sometimes considered a fifth requisite, it is generally not essential for obligations established by law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    154 views2 pages

    Book Iv Obligations and Contracts

    Uploaded by

    Tori Peige
    This document discusses the definition and types of obligations under Philippine law. It defines a civil obligation as one that is legally binding and can be enforced in court. A natural obligation, on the other hand, is binding by natural law or conscience but cannot be enforced in court. The document outlines the four essential requisites of an obligation: a legal tie between parties, an obligee/creditor, an obligor/debtor, and the object or service that is owed. It also notes that while form is sometimes considered a fifth requisite, it is generally not essential for obligations established by law.

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    BOOK IV

    OBLIGATIONS AND CONTRACTS

    TITLE I — OBLIGATIONS

    CHAPTER 1
    GENERAL PROVISIONS

    Article 1156. An obligation is a juridical necessity to


    give, to do or not to do.

    Concept of Obligations. — Evidently, the above defi nition of


    an obligation is adopted from Sanchez Roman’s classic defi nition of
    an obligation as “the juridical necessity to comply with a prestation.”
    Manresa, on the other hand, defi nes it as a “legal relation established
    between one person and another, whereby the latter is bound to the
    fulfi llment of a prestation which the former may demand of him.’’

    It must be observed, however, that obligations may be either


    civil or natural. A civil obligation is one which has a binding force in
    law, and which gives to the obligee or creditor the right of enforcing it
    against the obligor or debtor in a court of justice. This is the obligation
    which is defi ned in Art. 1156 of the Code. A natural obligation, on
    the other hand, is one which cannot be enforced by action, but which
    is binding on the party who makes it in conscience and according to

    New provision.
    4 Sanchez Roman 53.
    8 Manresa, 5th Ed., Bk. 1, p. 21.
    Art. 1423, Civil Code.

    1
    Art. 1156 OBLIGATIONS

    the natural law. Thus, when an action has prescribed in accordance


    with the statute of limitations, a natural obligation still subsists,
    although the civil obligation is extinguished. This may be illustrated
    by the following example: If A has a right of action, evidenced by
    a promissory note, to collect one thousand pesos from B, and such
    promissory note prescribes after the expiration of ten years from
    the time it accrues, although the latter is no longer bound to pay
    the obligation in accordance with the statute of limitations, he is
    still bound to pay in accordance with equity and natural law. It is,
    therefore, clear that a civil obligation and a natural obligation may
    be distinguished from each other as follows:
    (1) A civil obligation is based on positive law, while a natural
    obligation is based on equity and natural law; and
    (2) The former is enforceable in courts of justice, while the
    latter is not.

    Requisites of Obligations. — An obligation has four essential


    requisites. They are:
    (1) A juridical or legal tie, which binds the parties to the
    obligation, and which may arise from either bilateral or unilateral
    acts of persons;
    (2) An active subject known as the obligee or creditor, who
    can demand the fulfi llment of the obligation;
    (3) A passive subject known as the obligor or debtor, against
    whom the obligation is juridically demandable; and
    (4) The fact, prestation or service which constitutes the object
    of the obligation.

    The form in which the obligation is manifested is sometimes


    added as a fi fth requisite. As a general rule, however, it cannot be
    considered as essential. Obligations arising from law, quasi-con-
    tracts, acts or omissions punished by law, and quasi-delicts do not
    require any form whatsoever, yet there can be no question regard-

    3 Bouvier’s Law Dictionary, 2394-2395.


    Art. 1144, Civil Code.
    Agoncillo vs. Javier, 38 Phil. 424; Villaroel vs. Estrada, 71 Phil. 40.
    Art. 1423, Civil Code.
    Giorgi, Teoria de las Obligaciones, Vol. 1, p. 13; 3 Castan, 7th Ed., p. 20.

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