BL-ObliCon

• An obligation is a juridical necessity to give, to do or not to do.
• The term obligation is derived from the Latin word “obligatio” which means a “tying” or “binding
• Juridical necessity means the rights and duties arising from obligation are legally demandable and the courts of justice may be called upon through proper action to order the performance if the debtor refuses to perform it.
• Passive subject - one who has the duty/obliged to perform the obligation
• Active Subject - has the right to demand performance of obligation
• Prestation or Object consist of giving doing, or not doing.
• Efficient cause - which bind the parties to an obligation, any of the 5 sources of obligation
• Civil Obligation – there is juridical tie between the parties enforceable by court action.
• Natural Obligation - there is juridical tie between the parties which is not enforceable by court action.
• Moral Obligation – there is no juridical tie between the parties. (The ‘dos” include be kind, be fair and be respectful)
• Positive Obligation – the obligor is obliged to give or to do something
• Negative Obligation – the obligor is obliged not to give or not to do something.
• Real Obligation – obligation to give
• Personal Obligation – obligation to do or not to do
• Unilateral Obligation – only one is bound in this obligation
• Bilateral Obligation – the two parties are mutually or reciprocally bound in this obligation
• Injury is the illegal invasion of a legal right; it is the wrongful act or omission which causes loss or harm to another, while damage is the loss, hurt, or harm which results from the injury. On the other hand, damages denote the sum of money recoverable as amends for the wrongful act or omission; and is the legal wrong to be redressed, while damages are the recompense or compensation awarded or recoverable for the damage or loss suffered.
• Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. (1089a)
• Article 1158. 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.
• Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (
• A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. (Art. 1305)
• A quasi-contract is that juridical relation resulting from certain lawful, voluntary and unilateral acts by virtue of which the parties become bound to each other to the end that no one will be unjustly enriched or benefited at the expense of another.
• Negotiorium Gestio - the voluntary management of the property or affairs of another without the knowledge or consent of the latter.
• 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.
• Felony - is an act or omission punishable by law.
• Deceit (dolo) – deliberate intent
• Fault (culpa) – imprudence, negligence, lack of foresight, or lack of skill
• Crime - term used in a violation of any other penal statute
• Quasi-delict – is the fault or negligence where a person causes damage to another in the absence of a contractual relation between the parties
• Negligence – is the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place.
• Culpa acquiliana or quasi-delict – the source of the obligation - negligence with no criminal intent.
• Culpa contractual – the source of the obligation - contrac
• Specific or determinate -particularly designated or physically segregated from all others of the same class.
• Generic or indeterminate- refers only to a class or genus to which it pertains and cannot be pointed out with particularity.
• Article 1164. 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.
• Natural fruits are the spontaneous products of the soil, and the young and other products of animals, e.g., grass; all trees and plants on lands produced without the intervention of human labor.
• Industrial fruits are those produced by lands of any kind through cultivation or labor, e.g., sugar cane; vegetables; rice; and all products of lands brought about by reason of human labor
• Civil fruits are those derived by virtue of a juridical relation, e.g., rents of buildings, price of leases of lands and other property and the amount of perpetual or life annuities or other similar income
• Personal right is the right or power of a person (creditor) demand from another (debtor), as a definite passive subject, the fulfilment of the latter’s obligation to give, to do, or not to do.
• Real right is the right or interest of a person over a specific thing (like ownership, possession, mortgage, lease record) without a definite passive subject against whom the right may be personally enforced