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• Obligation


  A legal bond by which a person is bound to do or not to do something
• Essential elements of an obligation

  • Parties
  • Object
  • Cause
• Sources of obligation


  • Law
  • Contract
  • Quasi-contract
  • Delict
  • Quasi-delict
• Law


  A rule of conduct established by the competent authority for the common good
• Contract


  A meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service
• Quasi-contract


  A legal relation created by law between two persons, imposing certain obligations on them, even though one of them did not assume such obligations voluntarily
• Delict


  An act or omission causing damage to another, for which the former, even though he may not be intentionally guilty, is bound to pay compensation
• Quasi-delict


  An act or omission which causes damage to another, there being no pre-existing contractual relation between the parties
• Kinds of quasi-contracts


  • Negotiorum gestio
  • Solutio indebiti
  • Condictio sine causa
  • Unjust enrichment
• Elements of negligence


  • Duty of care
  • Breach of duty
  • Proximate cause
  • Damage
• Good faith


  An honest and sincere intention to deal fairly with others
• Diligence of the good father of the family

  The diligence which a good father of a family would use in the management of his own affairs
• Specific or determinate thing

  A thing that is identified and distinguished from all others of the same class
• Generic or indeterminate thing

  A thing that is not identified and distinguished from others of the same class
• Obligations of the debtor or obligor in real obligations


  • To deliver the thing
  • To preserve the thing with the diligence of a good father of a family
  • To warrant the thing
• Rights of the creditor in real obligation

  • To demand delivery of the thing
  • To demand preservation of the thing
  • To demand warranty of the thing
• Diligence


  The care and attention that a person gives to a task or activity
• Extraordinary diligence


  The highest degree of diligence, such as that exercised by a person of exceptional prudence and foresight
• Kinds of delivery


  • Real or actual delivery
  • Symbolic delivery
  • Constructive delivery
• Personal right


  A right that can only be enforced against a specific person or group of persons
• Real right


  A right that can be enforced against the whole world
• Kinds of fruits


  • Natural fruits
  • Industrial fruits
  • Civil fruits
• Specific performance


  The remedy of compelling a party to perform the exact terms of a contract
• Reciprocal obligation


  An obligation where the performance of one party is conditioned upon the performance of the other
• Accession


  The right of the owner of a thing to everything that is produced by it or that becomes united with it
• Accessories


  Things that are connected to or dependent on the principal thing
• Rights of the creditor or obligee in personal obligations

  • To demand performance
  • To demand damages for non-performance
  • To demand rescission or resolution of the obligation
• Delay


  The failure of the debtor to perform an obligation when it becomes due
• When judicial or extrajudicial demand is not necessary

  • When the obligation or the law expressly so declares
  • When from the nature and circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract
  • When demand would be useless
• Mora


  Delay in the performance of an obligation
• Kinds of mora


  • Mora solvendi (delay in payment)
  • Mora accipiendi (delay in receiving payment)
  • Compensatio morae (compensation for delay)
• Injury


  The violation of a legal right
• Damage


  The loss or harm resulting from the injury
• Damages


  The monetary compensation for the injury and damage suffered
• Kinds of breach of obligation

  • Non-performance
  • Delay in performance
  • Defective performance
  • Impossibility of performance
• Kinds of fraud


  • Dolo causante (fraud as a cause of the contract)
  • Dolo incidente (fraud as an incident of the contract)
• Fraud


  An act of bad faith consisting in deceiving another to the latter's prejudice and the former's profit
• Bad faith


  The opposite of good faith, it consists in a person's consciousness that he is not observing the norm of conduct imposed on him by law or contract
• Negligence


  The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do
• Kinds of negligence


  • Slight negligence
  • Ordinary negligence
  • Gross negligence