Scribd
Upload
389 views1 page

1.definition of Obligation

The document defines an obligation as a juridical necessity for a debtor to give, do, or not do something according to Article 1156. However, this definition is criticized for only emphasizing the debtor's duty without mentioning the creditor's right. An alternative definition by JBL Reyes states an obligation is a juridical relation where a creditor can demand a determinative conduct from a debtor and seek satisfaction from the debtor's assets if breached. The document also discusses the active subject, passive subject, prestation, efficient cause, and juridical necessity of obligations and provides examples of civil and natural obligations.

Uploaded by

Emman Fernandez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
389 views1 page

1.definition of Obligation

The document defines an obligation as a juridical necessity for a debtor to give, do, or not do something according to Article 1156. However, this definition is criticized for only emphasizing the debtor's duty without mentioning the creditor's right. An alternative definition by JBL Reyes states an obligation is a juridical relation where a creditor can demand a determinative conduct from a debtor and seek satisfaction from the debtor's assets if breached. The document also discusses the active subject, passive subject, prestation, efficient cause, and juridical necessity of obligations and provides examples of civil and natural obligations.

Uploaded by

Emman Fernandez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1.

DEFINITION OF OBLIGATION:

ART.1156: an obligation is a juridical necessity


to give, to do, or not to do.

Criticism of Obligation:
The definition laid down in Artivle 1156
stresses the merely the duty of the debtor or
the passive element of an obligation without
emphasizing the right on the part of the
creditor.

JBL Reyes Definition of obligation:


“an obligation is a juridical relation
whereby a person (called the creditor) may
demand from another (called the debtor) the
observance of a determinative conduct (the
giving, doing or not doing), and in case of
breach may demand satisfaction from the
assets of the latter”

Basic Concepts:

Active Subject - the possessor of a right (oblige


or creditor)

Passive Subject – he who has the duty of


giving, doing or not doing (obligor or debtor)

Prestation – the subject matter of the obligation

Efficient cause – the reason why the obligation


exists (vinculum juris or juridical tie)

Juridical Necessity – in case of non-compliance


of the obligation, legal sanctions may be
sought.

2.THE DIFFERENT KINDS OF OBLIGATIONS

Civil Obligation – defined in Article 1156 the


sanction is Judicial Process
Example: B promises to pay C his debt
of 500,000

Natural Obligation – the duty to recover what


has voluntarily what has been paid although
payment was no longer required.
Example : A owes

You might also like