OBLICON

• An obligation is a juridical necessity to give, to do, or not to do, with the connotation that in case of noncompliance, legal sanctions will apply
• An obligation is the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee), enforceable in court if breached
• A contract gives rise to an obligation, but an obligation doesn't always need a contract
• Damages are a sum of money given as compensation for the injury or harm suffered by the obligee for the violation of their right
• Kinds of obligations:

  • Civil obligation: enforceable in court through action, based on law
  • Natural obligation: cannot be enforced in court, based on equity and natural law
  • Moral obligation: the sanction is conscience, morality, or the law of the church
• Real obligation is the obligation to give, while personal obligation is the obligation to do or not to do
• Positive or affirmative obligation is the obligation to give or to do, while negative obligation is the obligation not to do
• Unilateral obligations bind only one party, while bilateral obligations bind both parties and can be reciprocal or non-reciprocal
• Elements of obligation:

  • Active subject: Creditor / Obligee
  • Passive subject: Debtor / Obligor
  • Prestation: object or conduct required to be observed by the debtor
  • Efficient cause: the juridical tie binding the parties
  • Causa: why the obligation exists
• Prestation (Object):

  • To give: delivery of a thing to the creditor
  • To do: covers all kinds of works or services
  • Not to do: consists of refraining from doing some acts
• Obligations arise from law, contracts, quasi-contracts, acts or omissions punished by law, and quasi-delicts or torts
• Obligations from law are not presumed and must be expressly or impliedly set forth in the 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 arise from lawful, voluntary, and unilateral acts to prevent unjust enrichment or benefit at the expense of another
• Civil obligations arising from criminal offenses are governed by penal laws, subject to specific provisions regulating damages
• Obligations derived from quasi-delicts arise from damage caused to another through an act or omission, without a contractual relation between the parties
• Civil liability arises when there is a preponderance of evidence in quasi-delicts, which are acts or omissions causing damage to another without a pre-existing contractual relation between parties
• Requisites for quasi-delicts:

  • Omission
  • Negligence
  • Damage caused to the plaintiff
  • Direct relation of omission to the damage
  • No pre-existing contractual relations between parties
• Fault or Negligence consists of the omission of diligence required by the nature of the obligation and corresponds with the circumstances of the person, time, and place
• Comparison between Delicts and Quasi-Delicts:

  • Intent: Delicts involve criminal/malicious intent, while Quasi-Delicts involve negligence
  • Interest: Delicts affect public interest, Quasi-Delicts affect private interest
  • Liability: Delicts incur criminal and civil liabilities, Quasi-Delicts incur civil liability
  • Purpose: Delicts aim for punishment, Quasi-Delicts aim for indemnification
  • Compromise: Delicts cannot be compromised, Quasi-Delicts can be compromised
  • Guilt: Delicts must be proved beyond reasonable doubt, Quasi-Delicts by preponderance of evidence
• In obligations to give a determinate thing, the creditor may compel the debtor to make delivery; if the thing is indeterminate or generic, the creditor may ask that the obligation be complied with at the expense of the debtor
• When the obligation consists of not doing and the obligor does what has been forbidden, it shall be undone at his expense
• Those obliged to deliver or do something incur delay from the time the obligee demands fulfillment, except when the law or obligation expressly declares otherwise, or when demand would be useless
• Kinds of Default:

  • Mora Solvendi: delay on the part of the debtor to fulfill his obligation
  • Mora Accipendi: delay on the part of the creditor to accept the performance of the obligation
  • Compensatio Morae: delay of the obligors in reciprocal obligations
• Those guilty of fraud, negligence, or delay in the performance of obligations, or those who contravene the tenor thereof, are liable for damages
• Negligence is the voluntary act or omission of diligence, without malice, that prevents the normal fulfillment of an obligation
• Delay (mora) is the default or tardiness in the performance of an obligation after it has been due and demandable
• Contravention of terms of obligation (violatio) is the violation of terms and conditions stipulated in the obligation, not due to a fortuitous event
• Responsibility arising from fraud is demandable in all obligations; any waiver of an action for future fraud is void
• Incidental fraud is committed in the performance of an existing obligation due to a contract, while causal fraud is employed in the execution of a contract to secure consent, with the remedy being annulment due to vitiation of consent
• Responsibility arising from negligence in the performance of every kind of obligation is demandable, but such liability may be regulated by the courts according to circumstances
• Negligence is the lack of foresight or knowledge, while imprudence is the lack of skill or precaution
• Two types of negligence are Culpa Aquiliana (Quasi-delict) and Culpa Contractual (Breach of contract)
• Diligence is the attention and care required of a person in a given situation, opposite of negligence
• Fortuitous event is an occurrence that could not be foreseen or, even if foreseen, is inevitable, absolutely independent of human intervention, also known as an act of God
• Force Majeure is an event caused by legitimate or illegitimate acts of persons other than the obligor, involving human intervention
• Usury is contracting for or receiving interest in excess of the amount allowed by law for the loan or use of money, goods, etc
• The receipt of the principal by the creditor without reservation with respect to the interest presumes that said interest has been paid
• Creditors, after pursuing the property in possession of the debtor, may exercise all the rights and bring all the actions of the debtor for the same purpose, except those inherent in his person
• Rights acquired in virtue of an obligation are transmissible, subject to laws, unless there is a stipulation to the contrary