OBLICON

OBLICON creditors.
CHAPTER 1: GENERAL PROVISIONS 4. A juridical or legal tie (efficient cause)- that which binds
or connects the parties to the obligation. The tie in an
obligation can easily be determined by knowing the
ARTICLE 1156. An obligation is a juridical necessity to source of obligtaion.
give. To do or not to do (n)
Meaning of obligation
 derived from the latin word obligatio which means tying
or binding.
 A tie or bond recognized by law by virtue of whicjh one is
bound in favor of another to render something ---and this
may consist in giving a thing, doing acertain act, or not
doing a certain act.
Civil Code Definition Form of Obligations

 Article 1156 give sthe civil code definition of obligation. The form of an obligation refers to themanner in which an
 It stresses the duty under the law of the debtor or obligor obligation is manifested or incurred. It may be oral, or in
(he who has the duty of giving, doing, or not doing). writing, or partly oral and partly in writing.
Meaning of Juridical necessity 1. As a general, the law does not require any form for
 Obligation is a juridical necessity because in case of obligations arising from contracts for their validity or binding
noncomplience, the courts of justice may be called upon force. ( Art. 1356)
by the aggrieved party to enforce its fulfillment or, in 2. Obligations arising from other sources (Art 1157) do not
default thereof the economic value that it represents. have nay form at all.
 The debtor or obligator may also be made liable for
damages, which represents the sum of money given as Obligation, right, and wrong distinguished
compensation for the injury or harm suffered bybthe
creditor or obligee for the violation of his right. 1. Obligation is the act or performance whivch the law will
 The debtor must comply with his obligation whether he enforce.
likes it or not; otherwise, his failure will be visited with 2. Right, on the other hand, is the power which a person has
some harmful or undesirable consequences. under the law, to demand from another any prestation.
 If obligations were not made enforceable, then people 3. Wrong ( cause of action)- act or omission of one party in
can disregard them with impurity. violationof the legal right or rights ( I.e. recognized by law )
 There are, however, obligations that cannot be enforced
because they are not recognized by law as binding.
ARTICLE 1157. Obligations arise from
1. Law- when they are imposed by law itself
Nature of obligations under the civil code Ex. Obligation to pay taxes
 Civil obligations- obligations which give to the creditor or 2. Contracts- when they arise from the stipulation pf the
obligee a right under the law to enforce their parties Ex. Obligation to repay a loan
performance in courts of justice. 3. Quasi-contracts- When they arise from lawful, voluntary and
 Natural obligations unilateral acts which are enforceable to the end that no one
1. not being based on positive law but on equity and shall be unjustly enriched or benefited at the expense of
natural law another. (Art. 2142) Ex. Obligation to return money paid by
2. Do not grant a right of action to enforce their mistake
performance although in case voluntary fulfillment 4. Acts or omissions punished by law- when they arise from
by the debtor, the latter may not recover what has civil liability which is the consequences of a criminal offense.
been delivered or rendered by reason thereof. Ex. Obligation of a thief to return a car stolen by him
5. Quasi-delicts- when they arise from damage caused to
Essential requisites of an obligations another through an act of omission, there being fault of
Every obligation has four essential requisites negligence, but no contractual relation exists between the
parties.
1. A passive subject (debtor or obligator)- the person who is
bound to the fulfillment of the obligation; he who has a
duty.
ARTICLE 1158. Obligations derived from law are not
2. An active subject (creditor or obligee)- the perosn who is pressumed. Only those expressly determined in this code or in
entitled to demand the fulfillment of the obligation; he special laws are demandable, and shall be regukated by the
who has a right. percepts of thev law which establishes them; and as to what
3. Object or prestation (subject matter of the obligation)- has not been foreseen, by the provision of this book.
the conduct required to be observed by the debtor. It may
consist in giving, doing, or not doing. Without the ARTICLE 1159. Obligations arising from contracts have
prestation, there is nothing to perform. In bilateral the force of law between the contracting parties and should be
obligations, the oarties are reciprocally debtors and complied with in good health.

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Civil Code Definition Form of Obligations

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