OBLICON

• Art. 1156

  An obligation is a juridical necessity to give, to do, or not to do.
• Art. 1157

  Obligation arises from: (1) law; (2) contracts; (3) quasi-contracts; (4) acts or omissions punished by law;(5) quasi-delicts
• JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance, there will be legal sanctions.
• 1. Active Subject – (creditor/obligee) the person who is demanding the performance of the obligation
• Passive Subject – (debtor/obligor) required to perform the prestation or to fulfill the obligation or duty
• Prestation – object; subject matter of the obligation; conduct required to be observed by the debtor;
• to give (real obligation) – delivery of a thing to the creditor (in sale, deposit, pledge, donation
• to do (positive personal obligation) – all kinds of works or services, contract for professional services

  ex. repair a car, paint a portrait
• not to do (negative personal obligation) – refraining from doing some acts (in following rules and regulations)
• Efficient Cause – contract; the JURIDICAL TIE which binds the parties to the obligation; source of the obligation; the reason why the obligation exists; may be any of the five sources of obligation
• LAW (ex lege) – imposed by law itself; must be expressly or impliedly set forth and cannot be presumed.
• CONTRACTS (ex contractu) – arise from stipulations of the parties: meeting of the minds / formal agreement.
• neither party may unilaterally evade his obligation in the contract, unless: a) contract authorizes it; b) other party assents.
• QUASI-CONTRACTS (ex quasi-contractu)

  – arise from lawful, voluntary and unilateral acts and which are enforceable to the end that no one shall be unjustly enriched or benefited at the expense of another
• DELICTS (ex maleficio or ex delicto)

  – arise from civil liability which is the consequence of a criminal offense.
• 2 kinds of quasi-contracts:

  1. Negotiorum gestio - unauthorized management; when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority
  2. Solutio indebiti - undue payment; when something is received when there is no right to demand it, and it was unduly delivered through mistake - [See Article 1160]
• QUASI-DELICTS / TORTS (ex quasi-delicto or ex quasi-maleficio) – arise from damage caused to another through an act or omission, there being no fault or negligence, but no contractual relation exists between the parties - [See Article 1162]
• Art. 1174

  Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.
• FORTUITOUS EVENT – an occurrence or happening which could not be foreseen or even if foreseen, is inevitable
•  Art. 1174

  Exceptions:

  a.       When expressly specified by law

  b.       When it is declared by stipulation of the parties

  c.        When the nature of the obligation requires the assumption of risk

  d.       Burden of proving loss due to fortuitous event
• Art. 1179

  (1) Every obligation whose performance does not depend on a future or uncertain event, or upon a past event unknown to the parties, is demandable at once.(2) Every obligation which contains a resolutory condition shall also be demandable, without prejudice to the effects of the happening of the event.
• Art. 1196

  Whenever in an obligation a period is designated, it is presumed to have been established for the benefit of both the creditor and the debtor, unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other.
• Art. 1196

  PRESUMPTION: Obligation with a period is for the benefit of both the creditor and debtor.

  EXCEPTION: when it appears that the period is for the benefit of one or the other
• Art. 1184

  The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place
• Art. 1184

  The obligation is extinguished:

  1. As soon as the TIME EXPIRES without the event taking place;
  2. As soon as it has become certain that the EVENT WILL NOT TAKE PLACE although the time specified has not yet expired.
• 3 kinds of condition under Art. 1182:

  1. POTESTATIVE
  2. CASUAL
  3. MIXED
• 3 KINDS OF CONDITIONS UNDER THIS ARTICLE 1182:

  1. POTESTATIVE – a suspensive condition which depends upon the will of one of the contracting parties = if at the sole will of the debtor, it is void; if at the creditor’s, still valid. this is to prevent the establishment of illusory obligations.
  2. CASUAL – the condition depends upon chance or the will of a third person;(i.e. cellphone warranty)
  3. MIXED – the condition depends partly upon the will of the parties and partly upon chance or the will of a third person; (example ni Atty. De Chavez: passing the bar)
• Art. 1197:

  If the obligation does not fix a period, but from its nature and the circumstances it can be inferred that a period was intended, the courts may fix the duration thereof.The courts shall also fix the duration of the period when it depends upon the will of the debtor. In every case, the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. Once fixed by the courts, the period cannot be changed by them.
• JUDICIAL PERIOD – period designated by the court.

  CONTRACTUAL PERIOD – period fixed by the parties in their contract.
• Court will fix a period:

  1. When no period is mentioned, but it is inferable from the nature and circumstances of the obligation that a period was intended by the parties.
  2. When the period is dependent upon the will of the debtor. · If the obligation does not state and intend a period, the court is not authorized to fix a period.
• When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give


  The following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:
• LOSS

  • (1) debtor without fault – obligation is extinguished
  • (2) debtor with fault – obligation to pay damages
• DETERIORATION

  • 1. debtor without fault – impairment is to be borne by the creditor
  • 2. debtor with fault – creditor chooses: rescission of obligation, fulfillment, indemnity
• IMPROVEMENT


  • by nature or time– improvement: inure to the benefit of the creditor
  • at the expense of the debtor – granted to the usufructuary
• Art. 1207:

  The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand, or that each one of the latter is bound to render, entire compliance with the prestation. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity
• Art. 1207

   

  It is presumed that there is legal subrogation:

  (1) When a creditor pays another creditor who is preferred, even without the debtor’s knowledge;

  (2) When a third person, not interested in the obligation,  pays with the express or tacit approval of the debtor;

  (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter’s share.
• Art. 1182

  When the fulfillment of the condition depends upon the sole will of the debtor, the conditional obligation shall be void. If it depends upon chance or upon the will of a third person, the obligation shall take effect in conformity with the provisions of this Code.