Oblicon

• Obligation


  A juridical necessity to give, to do or not to do
• Natural obligation

  One cannot be enforced in court
• Civil obligation


  The obligee/creditor can file a case in court
• Requisites of obligations

  • A juridical or legal tie, which binds the parties to the obligation, and which may arise from either bilateral or unilateral acts of persons
  • An active subject known as the obligee or creditor, who can demand the fulfillment of the obligation
  • A passive subject known as the obligor or debtors, against whom the obligation is juridically demandable
  • The fact, a prestation or service which constitutes the object of the obligation
• Classification of obligations under the New Civil Code

  • Pure and conditional
  • With a period
  • Alternative and facultative
  • Joint and solidary
  • Divisible and indivisible
  • With a penal clause
• Sources of obligations


  • Law
  • Contracts
  • Quasi-contracts
  • Acts or omissions punished by law
  • Quasi-delicts
• Obligations derived from law are not presumed. Only those expressly determined in the Civil 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.
• Obligations arising from contracts

  Have the force of law between the contracting parties and should be complied with in good faith
• 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
• Types of obligations


  • Reciprocal obligations
  • Unilateral obligations
• Quasi-contracts


  Juridical relations arising from lawful, voluntary and unilateral acts, by virtue of which the parties become bound to each other, based on the principle that no one shall be unjustly enriched or benefited at the expense of another
• Negotiorum gestio


  The juridical relation which arises whenever a person voluntarily takes charge of the agency or management of the business or property of another without any power or authority
• Solutio indebiti


  The juridical relation which arises whenever a person unduly delivers a thing through mistake to another who has no right to demand it
• Civil obligations arising from 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.
• Every person liable for a crime is also civilly liable. Crime has two aspects - the criminal aspect and the civil aspect.
• Quasi-delicts


  Obligations which do not arise from law, contracts, quasi-contracts, or criminal offenses. Fault or negligence of a person, who by his act or omission, connected or unconnected with, but independent from, any contractual relation causes damage to another person.
• Examples of persons liable for quasi-delicts


  • Parents with respect to their children
  • Guardians with respect to their minors under their care
  • Owners and managers of establishment with respect to their employees
  • State with respect to their special agent
  • Teachers with respect to their pupils
• Requisites for liability in Quasi-delict

  • 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
• Crimes affect public interest and punish or correct criminal acts, while quasi-delicts are of private concern only and are a means of indemnification or to repair damage.
• Obligation to give


  An obligation to give a thing may be either determinate or generic. It is determinate when the object is particularly designated or physically segregated from all others of the same class. It is generic or indeterminate when the object is designated merely by its class or genus without any particular segregation from all others of the same class.
• Creditor's right to the thing and its fruits


  The creditor has a right to the thing which is the object of the obligation as well as the fruits thereof from the time the obligation to deliver it arises. When to deliver the thing and fruits depends on whether the obligation is based on law, quasi-contracts, criminal offense or quasi-delict, or contract.
• Nature of creditor's right


  Real right pertaining to person over a specific thing, without a passive subject individually determined against whom such right may be personally enforced, hence it is enforceable to the whole world. Personal right pertaining to a person to demand from another, as definite passive subject, the fulfillment of a prestation to give, to do or not to do.
• Rights of creditor in determinate obligations


  • To compel specific performance
  • To recover damages for breach of obligations – through delay, fraud, negligence or contravention of the tenor
• Rights of creditor in generic obligations


  • To ask for performance of the obligations – debtor cannot give a thing from the same class or genus which must neither of superior nor inferior quality
  • To ask that the obligation be complied with at the expense of the debtor
  • To recover damages for breach of the obligation – through delay, fraud, negligence or contravention of the tenor
• Obligations of debtor in determinate obligations


  • To perform the obligation specifically
  • To take case of the thing with the proper diligence of a good father of a family, subject to exceptions
  • To deliver all accessories and accessories of the thing, even though they may not have been mentioned
• Accessories


  All of those things which must be understood in its current and popular sense, or all of those things which have for their object the embellishment, use or preservation of another thing which is more important and to which they are not incorporated or attached.
• Accessions


  All of those things which are produced by the thing which is the object of the obligation as well as all of those which are naturally or artificially attached thereto.
• Obligation of debtor in generic obligations


  • To deliver a thing which is neither of superior nor inferior quality
  • To be liable for damages in case of breach of the obligation by reason of delay, fraud, negligence or contravention of the tenor thereof, including reimbursing expenses incurred by creditor
• Execution of obligation to do at debtor's expense

  1. If a person obliged to do something fails to do it, the same shall be executed at his cost

  2. If he does it in contravention of the tenor of the obligation, it may be decreed that what has been poorly done be undone
• Obligation to do


  The creditor/oblige can have the obligation be performed or executed at the expense of debtor/obligor, and demand for damages by reason of breach. The creditor does not have the power to compel the debtor/obligor to comply with his obligation.
• The right of the creditor/ oblige to have the prestation executed at the expense of the obligor cannot be availed of when the prestation consist of an act where the personal and special qualification of the obligor is the principal motive for the establishment of the obligation.
• Remedies for obligation not to do

  1. To have it undone at the expense of the obligor

  2. To ask for damages
• In obligations not to do, delay is impossible. This is due to the fact that it is negative obligation.
• When demand by creditor is not necessary for delay


  • When the obligation or the law expressly so declares
  • When from the nature and the 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, as when the obligor has rendered it beyond his power to perform
• Default in reciprocal obligations


  The fulfillment by both parties should be simultaneous or at the same time. However, in certain cases which different dates for performance or fulfillment of the reciprocal obligations may be fixed by the parties. One party incurs in delay from the moment the other party fulfills his obligation, while he himself does not comply or is not ready to comply in a proper manner with what is due upon him.
• Requisites for debtor to be considered in default


  • The obligation is demandable and already liquidated
  • The debtor delays performance
  • The creditor requires the performance judicially or extrajudicially
• Judicial demand


  The creditor files a complaint against the debtor for the fulfillment of the obligation.
• Extrajudicial demand


  The creditor demands from the debtor the fulfillment of the obligation either orally or in writing.
• Whether the demand is judicially or extrajudicially, the debtor shall be liable for damages if there was a failure to fulfill or perform upon demand.
• Breach of obligations may be either voluntary or involuntary. Voluntary breach warrants damages, while involuntary breach does not.