OBLICON [Obligations]

• Obligations are divided into Civil, Natural, Moral, and Mixed.
• Civil Obligations are juridical obligations which apparently are in conformity with positive law but are contrary to juridical principles and susceptible of being annulled.
• Natural Obligations are not sanctioned by any action but have a relative juridical effect.
• Moral obligations are duties of conscience completely outside of the field of law.
• Natural Obligation is midway between moral and civil obligation.
• The first requisite of Natural obligation is that there be a juridical bond between two persons and the second requisite is that this bond is not given effect by law.
• Natural Obligations are those which cannot be enforced by court action but which are binding on the party who makes them, in conscience and according to equity and natural justice.
• Natural obligations derive their binding force from equity and natural justice, while civil obligations can be enforced by court action.
• Once natural obligations are novated, they become civil obligations.
• Natural obligations are different from moral obligations in that the performance of a prestation is legal fulfillment of obligation, not an act of generosity.
• Natural obligations have the consequence that certain civil effects, such as the inability to recover what has been paid, can be novated, guaranteed, and even ratified.
• Illicit obligations are another type which is definitely way out of consideration and existence in juridical point of view.
• Obligation is a juridical necessity to give to do or not to do.
• The object of an obligation is not a thing but a particular conduct of the debtor.
• Efficient cause, or the juridical or legal bond, is the vinculum which may be either a relation established by law, bilateral acts, unilateral acts, or acts or omissions punished by law.
• When acts or facts exist, the obligations arising therefrom by virtue of express provisions of the law are entirely independent of the agreement of the parties.
• Objects of obligations include giving, doing, not doing, and not giving.
• There are two kinds of persons: Natural persons, who are human beings created by God through the intervention of their parents, and Juridical persons, which are entities created by law.
• Obligations can arise from law, contracts, quasi contracts, acts or omissions punished by law, and quasi-delicts.
• Passive subject in a contract is the Debtor/Obligor, the one that has the juridical necessity of adjusting his conduct to the demand of the creditor pursuant to the obligatory tie.
• Obligations derived from law are not presumed, only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them.
• Law creates the obligation in view of the organization of juridical institutions and the social interest.
• Active subject in a contract is the Creditor/Obligee, the one that has the right to demand.
• A person is any being, natural or artificial, capable of possessing legal rights and obligations.
• Obligation involves two parties by virtue of which one of them, has the right to demand a definite prestation against the other who is bound to fulfill such prestation which is demanded of him.
• Obligations and their correlative rights are governed by the law by which they are created.
• Obligations of employers under labor code are enforceable under our administrative regulatory agencies exercising quasi-judicial authority.
• Obligations derived from law are not to be presumed.
• A loses a certain amount to B in a game of chance, according to 2014, the former may recover his loss from the latter, with legal interest from the time he paid the amount lost.
• When the law merely recognizes or acknowledges the existence of an obligation generated by an act which may constitute a contract, quasi- contract, criminal offense or quasi-delict and its only purpose is to regulate such obligation, then the act itself is the source of the obligation and not the law.
• Quasi-Contracts is a juridical relation which arises from lawful, voluntary, and unilateral acts, by virtue of which the parties become bound to each other, based on the principle of unjust enrichment – no one shall be unjustly enriched or benefited at the expense of another.
• Most important of these quasi contract are “negotiorum gestio and Solution indebiti.
• When the law establishes the obligation and the act or condition upon which it is based is nothing more than a factor for determining the moment when it becomes demandable, then the law itself is the source of the obligation.
• Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all of the consequences which according to their nature may be in keeping with good faith, usage and law.
• Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
• Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1, Title XVII of this book.
• The law on support obliged spouse to support each other.
• More complete definition: “Obligation is a juridical relation whereby a person may demand from another the observance of a determinate conduct, and, in case of breach, may obtain satisfaction from the assets of the latter.
• Compensatio morae exists in reciprocal obligations such as in sale contract of carriage.
• Four sources of liability for damages in failing to perform their obligation are fraud, negligence, delay, and contravention to the tenor of the obligation.