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Kinds of Obligation

This document defines and categorizes different types of obligations: 1. Civil obligations can be enforced in court, like a promissory note. 2. Natural obligations are binding by natural law and justice, but cannot be enforced in court. 3. Moral obligations arise from ethics or religion, not positive law, and cannot be enforced in court. It also outlines elements of obligations like active subjects (creditors), passive subjects (debtors), presentations (subject matter), and efficient causes (juridical ties).

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Camilla Joiez Asuncion
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47 views3 pages

Kinds of Obligation

This document defines and categorizes different types of obligations: 1. Civil obligations can be enforced in court, like a promissory note. 2. Natural obligations are binding by natural law and justice, but cannot be enforced in court. 3. Moral obligations arise from ethics or religion, not positive law, and cannot be enforced in court. It also outlines elements of obligations like active subjects (creditors), passive subjects (debtors), presentations (subject matter), and efficient causes (juridical ties).

Uploaded by

Camilla Joiez Asuncion
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RELOJERO, ARIEN MEEGEL B.

MTH / 1:00 – 2:30 P. M

Kinds of obligation as to judicial enforceability.

1. Civil Obligation - This is an obligation, which if not fulfilled when it become due
and demandable, maybe enforced in court through action. Example A promissory
note wad executed by Rommel in favor of Lester after the lawyer had given a
loan of money to the former. The note had become due and demandable. Lester
can go to court for the collection of the amount as the obligation since it is a civil
obligation enforceable by the court.

2. Natural Obligation or Naturalist Obligation – Is one enforceable by law but


nevertheless binding on the obligor by dictate of his conscience and the basic
postulates of natural law, justice and equity. This a special kind of obligation
which cannot be enforced in court but which authorizes the retention of the
voluntary payment or performance made by the debtor.

3. Moral Obligation – Is a duty imposed by ethical or religious belief. It arises not


from the positive law, but from the moral law developed by the church and not
enforceable by the court.

4. Real Obligation – The obligation to give.

5. Personal Obligation – The obligation to do or not to do.


6. Unilateral Obligation – Is one where only one party is bound. Only one party
undertakes a performance.

7. Bilateral Obligation – Is one where both parties are bound. As in the contract of
sale.
8. Positive Obligation – Is an obligation to give and to do, the essence is
affirmative action.

9. Negative Obligation – Is an obligation not to give or not to do. The essence is


inaction or non-action.

10. Primary Obligation – The principal object of the contract.

11. Secondary Obligation – One which is contracted and is to be performed in


case the primary obligation cannot be performed.

12. Principal Obligation – One which arise from the principal object of the
engagement of the contracting parties.

13. Accessory Obligation – One which depends upon or peripheral or collateral to


the principal.
Elements of Obligation

1. Active subject - It is the one who is demanding the performance of the obligation. It
is he who is in his favor the obligation is constituted established or created. He is called
the creditor or obligor.

2. Passive Subject - The one bound to perform the presentation to give, to do or not to
do. He is called the debtor or obligor.

3. Presentation or Object - It is the subject matter of the obligation which has an


economic value or susceptible of paucity substitution in case of noncompliance.

4. Efficient Cause - It is the juridical tie or vinculum by virtue of which the debtor has
become bound to perform the presentation.

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