ART. 1156 - 1169

• Art. 1156 - An obligation is a juridical necessity to give, to do or not to do
• Obligation is derived from the Latin word - "Obligatio" which means tying or binding. 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 act.
• NO LAW WILL ASK YOU NOT TO GIVE ANYTHING!
• debtor / obligor - he who has the duty of giving, doing, or not doing
• creditor / obligee - the one that has the right to demand the performance and fulfillment of the obligation
• Obligation is a JURIDICAL NECESSITY because in case of noncompliance, the courts of justice may be called upon by the aggrieved party to enforce its fulfillment or the economic value that it represents.
• damages - sum of money given as compensation for the injury or harm suffered by the creditor or obligee
• the debtor must comply with his obligation whether he likes it or not
• CIVIL OBLIGATIONS - obligations that gives creditors a right under the law to enforce their performance in courts of justice.
• NATURAL OBLIGATIONS - not based on positive law but on equity and natural law.
• CONTRACTUAL OBLIGATIONS - arise from contractual relations between two parties who are free to enter into such relation.
• DISCHARGEABLE OBLIGATIONS - those which can be extinguished by payment or other legal means.
• PRESCRIPTIVE OBLIGATIONS - when the debtor has failed to perform his obligation for more than ten years without any valid reason.
• EXTINCTIVE OBLIGATIONS - when the debtor dies during the term of the obligation.
• INDISCHARGEABLE OBLIGATIONS - those which cannot be discharged except through death, insanity, bankruptcy, or judicial declaration of incapacity.
• PASSIVE SUBJECT (DEBTOR/OBLIGOR) - the person who is bound to the fulfillment of the obligation; he who has a duty.
• ACTIVE SUBJECT (CREDITOR / OBLIGEE) - the person who is entitled to demand the fulfillment of the obligation; he who has a right.
• OBJECT / PRESTATION / SUBJECT MATTER - it is the conduct required to be observed by the debtor. It may consist in giving, doing, or not doing.
• Without the PRESTATION, there is nothing to perform
• JURIDICAL OR LEGAL TIE (EFFICIENT CAUSE) - it binds or connects the parties to the obligation. It can easily be determined by knowing the source of the obligation.
• OBLIGATION - is the act or performance which the law will enforce.
• RIGHT - is the power which a person has under the law, to demand from another any kind of prestation
• WRONG (CAUSE OF ACTION) - is an act or omission of one part in violation of the legal right or rights of another.
• INJURY = causes harm
• DAMAGE = it is the harm done
• DAMAGES = sum of money recoverable
• An obligation cannot exist without a corresponding right in favor of another.
• REAL OBLIGATION - (obligation to give) - is that in which the subject matter is a thing which the obligor must deliver to the obligee. ( Albert binds himself to deliver a pizza to Richard)
• PERSONAL OBLIGATION (obligation to do or not to do) - is that in which the subject matter is an act to be done or not to be done.
• POSITIVE PERSONAL OBLIGATION = obligation TO DO or TO RENDER service
• NEGATIVE PERSONAL OBLIGATION = obligation not to do and not to give.
• Art. 1157 - Obligations arise from LAW, CONTRACTS, QUASI - CONTRACTS, ACTS OR OMISSIONS PUNISHED BY LAW AND QUASI-DELICTS
• QUASI (AS IF IT IS A) CONTRACT - when they arise from lawful, voluntary, and unilateral acts which are enforceable to the end that NO ONE SHALL BE UNJUSTLY ENRICHED OR BENEFITED AT THE EXPENSE OF ANOTHER.
• CRIMES OR ACTS OR OMISSIONS PUNISHED BY LAW - when they arise from civil liability which is the consequence of a criminal offense.
• CRIMINAL LIABILITY = Provisions of the PENAL CODE
• QUASI- DELICTS OR TORTS (more leaned on crime) - when they arise from damage caused to another through an act, there being fault or negligence BUT NO CONTRACTUAL RELATION EXISTS between the parties
• SOLUTIO INDEBITI = ibalik excessive change / Quasi - contract
• NEGOTIORUM GESTIO - bayaran nag - alaga sa aso mo while wala ka.
• Art. 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.
• They are not presumed because they are considered a burden upon the obligor. They are the exception, not the rule. To be demandable they must clearly set forth in the law.