ObliCon (cover to cover)

• Obligation


  A juridical relation whereby a person (the CREDITOR) can oblige or legally (i.e. enforceable by action) demand or compel another person (the DEBTOR) determinate conduct (prestation) and in case of breach, the debtor shall be liable with all of his property (present & future) that are not exempt from execution
• Types of Obligation


  • To give (specific or determinate thing, generic or indeterminate thing)
  • To do
  • Not to do
• Elements of Obligation


  • Subject (Active Subject - Obligee-Creditor, Passive Subject - Obligor-Debtor)
  • Object (Prestation - The Juridical necessity to give, to do or not to do)
  • Efficient Cause (Vinculum Juris or Juridical Tie - Sources of Obligation; Law, Contracts, Quasi-Contracts, Delicts or Quasi-Delicts)
• Kinds of Obligation


  • Civil (Sanctioned by law)
  • Natural (If voluntarily performed, no right to recover payment)
  • Moral (Based on conscience)
  • Real (To give)
  • Personal (To do, not to do, not to give)
  • Positive (To give, to do)
  • Negative (Not to give, not to do)
  • Unilateral (One party bound to perform)
  • Bilateral (Two parties reciprocally bound)
• Sources of Obligation


  • Law
  • Contracts
  • Quasi-Contracts (Negotiorum Gestio, Solutio Indebiti, Other Quasi Contracts)
  • Acts or Omissions Punishable by Law
  • Civil liability from crimes governed by Penal Law
  • Quasi-Delicts
• Obligation to Give - Determinate or Specific Thing


  Creditor has right to compel delivery, right to rescission or resolution, right to enforce obligor to take care of specific thing
• Failure to deliver


  Creditor has right to damages, legal excuse from failure to deliver/delay = Fortuitous Event or Force Majeure
• Obligation to Give - Indeterminate or Generic Thing


  Creditor may ask for specific performance, right to ask for rescission or damages, right to damages
• Breaches of Obligation to Give

  • Failure/Refusal to Deliver the Very Same Specific Thing
  • Failure to Deliver Accessions & Accessories
  • Fraud
  • Negligence
  • Default or Delay
  • Contravention of Tenor of Obligation
• Breaches of Obligation to Do

  • Failure/Refusal to Do
  • Delay, Default or Mora
  • Fraud
  • Fault or Negligence
  • Contravention of Tenor of Obligation
• Subsidiary Remedies of Creditors

  • Acción subrogatoria
  • Acción Pauliana
  • Direct action
• Kinds of Civil Obligations

  • Pure
  • Conditional (Suspensive, Resolutory)
  • With a Period or Term (Suspensive, Resolutory)
  • Simple or Individual
  • Multiple (Conjunctive, Disjunctive, Alternative, Facultative)
  • Joint Obligation (Joint and Several)
  • Divisible
  • Indivisible
  • With A Penal Clause
• Pure Obligation


  Not subject to any condition, demandable at once
• Conditional Obligation


  Effectivity is subordinated to the fulfillment or non-fulfillment of a future and uncertain event (condition)
• Types of Conditions


  • Suspensive (Fulfillment results in the acquisition of rights)
  • Resolutory (Fulfillment extinguishes obligation)
  • Possible (Capable of realization)
  • Impossible (Incapable of realization)
• Types of conditions


  • EFFECTS
  • VALIDITY OR LEGALITY
  • CAUSE OF HAPPENING
  • MANNER OF HAPPENING
  • SUSPENSIVE
  • RESOLUTORY
• Fulfillment


  Extinguishes obligation<|>Results in the acquisition of rights
• Before fulfillment of the condition

  1. Creditor may bring action to preserve his rights

  2. Debtor may recover what he has paid by mistake, but not fruits or interests
• Possible condition


  Capable of realization according to nature, law, not contrary to good customs, public order and public policy
• Impossible condition


  Incapable of realization
• Impossible or unlawful condition

  Generally, it annuls the obligation. If divisible, however, the part affected is not void
• Unilateral obligations with unlawful or impossible condition

  The condition is considered not written, and the obligation is not annulled but considered unconditional
• Condition not to do an impossible condition

  Is considered not agreed upon, hence the obligation is not conditional
• Positive condition


  Some event will happen at determinate time – obligation extinguished as soon as time expires or event will indubitably not take place
• Negative condition


  Future and uncertain event will not happen – effective from moment time indicated lapses or evidently event cannot occur
• Potestative condition


  Depends upon a party's will
• Casual condition


  Depends upon chance or the will of a third person
• Mixed condition


  Depends upon chance or the will of a third person and/or the will of one of the parties
• Positive suspensive condition depending solely on the will of the debtor

  The obligation is void
• Resolutory condition depending solely on the will of either party

  The obligation is still valid
• Obligation to give under suspensive (positive) condition


  1. Before happening of future and uncertain event, no obligation to give

  2. But creditor has inchoate right

  3. Creditor may bring appropriate action to preserve his right

  4. May recover what was paid by mistake

  5. Upon happening of condition: Obligation retroacts to day in which it was constituted, Fruits produced deemed compensated by interest on price or goes to debtor unless from nature and circumstances of obligation and different intention is inferred
• Loss of thing under suspensive (positive) condition

  If through fortuitous event – obligation extinguished<|>If through debtor's fault – liability for damages
• Deterioration of thing under suspensive (positive) condition

  • With debtor's fault – creditor chooses between rescission and fulfillment
  • Without debtor's fault – creditor bears impairment
• Improvement of thing under suspensive (positive) condition

  • By thing's nature or by time - inures to creditor's benefit
  • Through debtor's expense - Debtor has only rights of usufructuary
• Obligation to give under resolutory condition


  1. Obligation effective at once but subject to extinguishment

  2. The roles of debtor and creditor are reversed. Original creditor becomes debtor for return of specific thing

  3. No retroactive application of obligation

  4. Rules on loss, deterioration or improvement of specific thing applied in reverse – original creditor becomes the debtor
• Obligation to give under suspensive (positive) condition for generic thing


  1. Before happening of future and uncertain event, no obligation to give

  2. But creditor has inchoate right

  3. Creditor may bring appropriate action to preserve his right

  4. May recover what was paid by mistake

  5. Article 1189 not applicable (GENUS NUNQUAM PERIT, the genus never perishes)
• Obligation to do under suspensive condition

  1. No retroactivity

  2. No fruits are considered

  3. No loss (physical), deterioration or improvement

  4. Courts determine retroactive effect
• Obligation to do under resolutory condition


  1. No obligation to do

  2. Obligation is extinguished
• Obligation not to do under suspensive condition


  1. No delay or default

  2. Obligation is extinguished
• Obligation not to do under resolutory condition

  Obligation is extinguished