law

• OBLIGATION


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


  Connotes that in case of noncompliance, there will be legal sanctions
• Kinds of obligation


  • Civil obligation
  • Natural obligation
  • Moral obligation
• Kinds of obligation (from viewpoint of subject matter)

  • Real obligation
  • Personal obligation
• Kinds of obligation (from affirmative and negative)

  • Positive or affirmative obligation
  • Negative obligation
• Kinds of obligation (from viewpoint of persons obliged)

  • Unilateral
  • Bilateral (reciprocal or non-reciprocal)
• Elements of obligation


  • Active subject (Creditor/Obligee)
  • Passive subject (Debtor/Obligor)
  • Prestation (to give, to do, or not to do)
  • Efficient cause (Juridical tie/Vinculum juris)
• Prestation (Object)


  • To give
  • To do
  • Not to do
• Requisites of prestation/object


  • Licit
  • Possible
  • Determinate or determinable
  • Pecuniary value
• Sources of obligations


  • Law
  • Contracts
  • Quasi-contracts
  • Acts or omissions punished by law
  • Quasi-delicts
• Law (Obligation ex lege)


  Must be expressly or impliedly set forth and cannot be presumed
• Contracts (Obligation ex contractu)

  Arise from stipulations of the parties: meeting of the minds / formal agreement
• Quasi-contracts (Obligation ex quasi-contractu)


  Lawful, voluntary and unilateral acts; no one shall be unjustly enriched or benefited at the expense of another
• Kinds of quasi-contracts


  • Negotiorum gestio (unauthorized management)
  • Solutio indebiti (undue payment)
• Different kinds of obligations (Primary classification)

  • Pure and Conditional
  • Obligation with a Period
  • Alternative and Facultative
  • Joint and Solidary
  • Divisible and Indivisible
  • Obligation with a Penal Clause
• Different kinds of obligations (Secondary classification)

  • Unilateral and Bilateral
  • Real and Personal
  • Determinate and Generic
  • Civil and Natural
  • Legal, Conventional and Penal Obligation
• Pure obligation


  One which is not subject to any condition and no specific date is mentioned for its fulfillment and is, therefore, immediately demandable
• Conditional obligation


  One whose consequences are subject in one way or another to the fulfillment of a condition
• Characteristics of a condition

  • Future and Uncertain
  • Past but Unknown
• Kinds of conditions


  • Suspensive condition (Condition Precedent or Condition Antecedent)
  • Resolutory condition (Condition Subsequent)
• As to possibility


  • Possible
  • Impossible
• As to cause or origin

  • Potestative
  • Casual
  • Mixed
• As to mode


  • Positive
  • Negative
• As to numbers


  • Conjunctive
  • Disjunctive
• As to divisibility


  • Divisible
  • Indivisible
• Period (or Term)


  A future and certain event upon the arrival of which the obligation subject to it either arises or is extinguished
• What depends upon the debtor's will is not whether he should pay or not for indeed he binds himself to pay. What is left only to his will is the duration of the period
• Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, the part thereof which is not affected by the impossible or unlawful condition shall be valid. The condition not to do an impossible thing shall be considered as not having been agreed.
• Kinds of impossible conditions

  • Physically impossible conditions
  • Legally impossible conditions
• Alternative obligation


  There is more than one object and the fulfillment of one is sufficient, determined by the choice of the debtor who generally has the right of election
• Facultative obligation


  When only one prestation has been agreed upon, but the obligor may render another in substitution
• Obligation with a penal clause

  The penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance, if there is no stipulation to the contrary
• Diligence of a good father of a family

  Means an ordinary care. Just like a father of a family, it is a care that an average person would do in taking care of his property. Applicable to give specific thing
• Delivery


  Placing the thing in the possession or control of the active subject (obligee) by the passive subject (obligor) either actually or constructively
• Right to fruits


  The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him.
• Kinds of fruits


  • Natural
  • Industrial
  • Civil
• Creditor's right to the accession and accessories

  The creditor is entitled to everything that is attached, naturally or artificially, to the principal thing. Accordingly. even when the accessions and accessories have been temporarily separated, the obligor is still bound to make the necessary delivery. However, the parties may stipulate that the accession and accessories may be excluded from the obligation to deliver
• Accessions


  Everything which is produced by a thing, incorporated or attached thereto, either naturally or scientifically. It includes natural accession, such as alluvion, and industrial accession, such as building, planting and sowing
• Accessories


  Used for the embellishment, use, or preservation of another thing of more importance. Example: Tools and spare parts, with respect to a machine, the keys with respect to a house, the jack with respect to a specific car.
• Kinds of delay


  • Mora solvendi (delay on the part of the debtor to fulfill his obligation)
  • Mora accipiendi (delay on the part of the creditor to accept the performance of the obligation)
  • Compensatio morae (delay of the obligors in reciprocal obligation)