Article 1156 to 1222

• Obligation


  A juridical necessity to give, to do or not to do
• Obligation


  • It is a tie or bond recognized by law by virtue of which one is bound in favor of another to render something - and this may consist in giving a thing, doing a certain act, or not doing a certain thing
• Juridical necessity


  Obligation is a judicial necessity (to give, to do, or not to do) because failure or refusal to perform the obligation gives rise to a right of action (legal sanctions); the aggrieved party may file proper action in court
• Types of obligations

  • Civil obligations
  • Natural obligations
• Civil obligations


  Obligations that give the creditor or obligee a right under the law to enforce their performance in courts of justice
• Natural obligations


  Obligations that do not grant a right of action to enforce their performance although in case of voluntary fulfillment by the debtor, the latter may not recover what has been delivered or rendered by reason thereof
• Not juridical necessities

  • Moral obligation
  • Natural obligation
• Essential requisites of an obligation

  • Passive subject (debtor or obligor)
  • Active subject (creditor or obligee)
  • Object or prestation (subject matter of the obligation)
  • Juridical or legal tie (vinculum/vinculum juris)
• Forms of obligation


  • Oral
  • Written
• Kinds of obligation according to subject matter

  • Real obligation (obligation to give)
  • Personal obligation (obligation to do or not to do)
  • Positive personal obligation
  • Negative personal obligation
• Sources of obligations


  • Law
  • Contracts
  • Quasi-contracts
  • Crimes or acts or omissions punished by law
  • Quasi-delicts
• Quasi-contracts


  Obligations arising from lawful, voluntary, and unilateral acts that are enforceable so that no person shall be unjustly enriched or benefited at the expense of another
• Unjust enrichment


  There is an unjust enrichment when a person unjustly retains a benefit to the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity, and good conscience
• Quasi-delicts


  Obligations arising from damage caused to another through an act or omission, there being fault or negligence, but no contractual relation exists between the parties or no preexisting contract
• Elements of negligence


  • The fault or negligence of the defendant
  • The damage suffered or incurred by the plaintiff
  • The relation of cause and effect between the fault or negligence of the defendant and the damage incurred by the plaintiff
• 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; and as to what has not been foreseen, by the provisions of this Book
• Laws are not inferior to contracts. While obligations arising from a contract have the force of law between the parties, this does not mean that the law is inferior to contracts. This is because before a contract can be enforced, it must first be valid, and it cannot be valid if it is against the law
• The right of the parties to stipulate is limited. Art 1306 of the Civil Code says "The contracting parties may establish such stipulations, clauses, terms, and conditions as they may deem convenient, provided, they are not contrary to law, morals, good customs, public order, or public policy"
• The right to enter into lawful contracts constitutes one of the liberties of the people of the State. If that right be struck down or arbitrarily interfered with, a substantial impairment of constitutional rights would result
• Differences between obligations and contracts

  • Obligations are the result of a contract, while contracts are the source of an obligation
  • Obligations may be sourced elsewhere, while contracts are only one source of an obligation
  • There may be no meeting of the minds in obligations, while contracts presuppose a meeting of the minds
  • Liability for breach of contract
• Negotiorum gestio


  The voluntary management of the property or affairs of another without the knowledge or consent of the latter, which creates the obligation to reimburse the gestor for necessary and useful expenses
• Solutio indebiti


  The juridical relation which is created when something is received when there is no right to demand it and it was unduly delivered through mistake
• Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations
• Quasi-contract


  An independent contract created by a sole act(s) of the gestor, without consent of the person obliged
• Quasi-contracts


  • Solutio indebiti
  • Presumptive Consent
  • When a stranger gives support without the knowledge of the person obliged to give it
• Solutio indebiti


  The juridical relation created when something is received when there is no right to demand it and it was unduly delivered through mistake
• Solutio indebiti


  • Receiving excessive change after buying from a store, obligated to return the excessive change
• Requisites of solutio indebiti


  • There is no right to receive the thing delivered
  • The right thing was delivered by mistake
• Presumptive Consent


  Since a quasi-contract is an independent contract created by a sole act(s) of the gestor, it means there was no consent to the latter
• Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages
• Criminal liability/obligation


  Punishable by imprisonment
• Civil Liabilities


  Restitution, Reparation for damage caused
• Restitution


  The thing itself shall be restored even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him
• Reparation for damage caused

  The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly
• Crime


  There is malice or intent, the purpose is to punish the offender, only the civil aspect of the crime may be compromised, offender's guilt must be proved beyond reasonable doubt
• Quasi-delict


  There is only negligence, imprudence, lack of foresight or lack of skill, the purpose is to compensate the offended party for the damages sustained, the civil liability can be compromised, defendant's liability needs only be proved by preponderance of evidence
• Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family unless the law or the stipulation of the parties requires another standard of care
• Determinate Thing (Specific Thing)


  A thing is determinate when it is particularly designated or physically segregated from all others of the same class, identified by its individuality, the debtor cannot substitute it with another without the consent of the creditor
• Indeterminate Thing (Generic Thing)


  A thing is indeterminate or generic when it is not particularly designated or physically segregated from all others of the same class, one of a class, identified by its specie, the debtor can give anything of the same class as long as it is of the same kind
• The loss of a determinate thing through a fortuitous or unexpected event extinguishes the obligation, the loss of a generic thing through a fortuitous or unexpected event does not extinguish the obligation