Law on Obligation and
Contracts
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ARTICLE 1156. An obligation is a juridical ===================
necessity to give, to do, or not to do TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
1157. Obligation arise from
<<<<<<<<<<<<<<<<<<<<<<<<<<<< (1) Law
<<<<<<<<<<<<<<<<<<< (2) Contracts
(3) Quasi- Contracts
Definition: (4) Acts or omissions punished by law and
(5) Quasi- Delicts (1089a)
Obligation from the Latin word “obligatio”
means “tying” or “binding” Sources of Obligations
it is a juridical necessity because in case of a. Law - when they are imposed by law itself.
non-compliance the court of justice maybe b. Contracts - when they arise from the
called upon. stipulation of the parties
______________________________________________ c. Quasi-contracts - when they arise from
lawful, voluntary and unilateral acts which are
Essential Requisites of an Obligation enforceable to the end that no one shall be
unjustly enriched or benefited at the expense of
another.
(1) Passive Subject (debtor or obligor) - the
d. Crimes or acts or omissions punished by
person who is bound to the fulfillment of the law - when they rise from civil liability which is
obligation; he who has a duty. the consequence of a criminal defense
e. Quasi-delicts or torts - when they arise
(2) Active Subject (creditor or obligee) - the from damage caused to another through an act
person who is entitled to demand the fulfillment or omissions, there being fault or negligence, but
of the obligation; he who has a right. no contractual relation exists between the
parties.
(3) Object or Prestation (subject matter of
the obligation) - the conduct required to be Sources of Obligations Classified;
observed by the debtor. It may consist in giving,
doing, or not doing. Without the prestation, there 1. Those emanating from law
2. Those emanating from private acts which is
is nothing to perform.
subdivided into;
2a. those arising from licit acts, in the case of
(4) A juridical or legal tie (efficient cause) - contracts and quasi contracts (infra); and
that which binds or connects the parties to the 2b. those arising from illicit acts, which maybe
obligation. either punishable in the case of delicts or crimes,
or not punishable in the case of quasi-delicts or
Obligation - the act or performance which the law torts (infra.)
will enforce
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Right - Power of a person has under the law, to >>>>>>>>>>>>>>>>>>>>>
demand from another any prestation
Wrong (cause of action) - NATURE AND EFFECTS OF OBLIGATION
* In its legal meaning it is an act or omission of one
party in violation of the legal right of another
Article 1163. Every person is obliged to give
* In law the term injury as also used to refer to the something is also obliged to take care of it
wrongful violation of the right of another with the proper diligence of a good father
of a family, unless the law or the stipulation
Kinds of Obligations according to of the parties requires another standard of
the Subject Matter care (1094a)
1. REAL OBLIGATIONS (obligation to give) - is
that in which the subject matter is a thing which Specific or Generic or
te obligor must deliver to the obligee Determinate Indeterminate
A thing is said to A thing is generic
2. PERSONAL OBLIGATION (Obligation to do
or not to do) - is that in which the subject matter
be specific or or indeterminate
is an act to be done or not to be done. There are determinate when it refers
2 kinds of personal obligations. particularly only to a class or
designated or genus to which it
2a Positive Personal Obligation or obligation or physically pertains and
obligation to do or to render service.
2b Negative Personal Obligation is obligation not
segregated other cannot be
to do (which naturally includes obligations “not to of the same class pointed out with
give”) (art 1459) particularity.
A determinate A generic thing is
thing is identified identified only by Different kinds of fruits
1. natural fruits - are the spontaneous products
by its its specie. The of the soil, and the young and other products of
individuality. The debtor can give animals
debtor cannot anything of the 2. Industrial fruits - are those produced by lands
substitute it with same class as of any kind through cultivation or labor
another although long as it is of 3. Civil fruits - are those derived by virtue of a
juridical relation
the latter is of the same kind PERSONAL RIGHT
the ofsame
Right creditorkind
to the fruits - the right or power of a person (creditor) to
and quality demand from another (debtor) , as a definite
The creditor is entitled
without theto the fruits of the thing passive subject, the fulfillment. Of the latter’s
to consent
be deliveredoffrom the time the obligation to
the obligation to give, to do, or not to do
make delivery arises
creditor (article REAL RIGHT
1244) - interest of a person over a specific thing (like
- the watch I am - a Bulova ownership, possession, mortgage), without a
wearing calendar watch definite passive subject against whom the right
- the car sold by - the sum of may be personally enforced.
X P1,000
- my dog named - a 1995 Toyota ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
“Terror” car ^^^^^^^^^^^^^^^^^^^^^
- this cavan of - a cavan of rice ARTICLE 1665. When what is to be delivered
rice - a police dog is a determinate thing, the creditor, In
addition to the right granted him by article
- the money i 1170, may compel the debtor to make the
give you delivery
Duties of debtor
If the thing is indeterminate or generic, he
(1) Preserve the (1) To deliver the may ask that the obligation be complied
Thing thing which is of with at the expense of the debtor
the quality
1a. Diligence of a intended by the If the obligor delays, or has promised to
deliver the same thing to two or more
good father of a parties taking persons who do not have the same interest,
family into he shall be responsible for fortuitous event
1b. Another consideration the until he has effected the delivery (1096)
standard of care purpose of the
1c. Factors to be obligation and Remedies of creditor in a real obligation
(1) Specific Real Obligation -
considered other 1a. Demand the specific performance oof
1d. Reason of circumstances fulfillment (if it still possible) of the obligation
debtors (art. 1246) with a right to indemnity for damages; or
obligation 1b. Demand recession or cancellation (in
certain cases) of the obligation also with a right
(2) To be liable to recover damages
(2) Deliver the for damages in 1c. Demand payment of damages only,
fruits of the thing case o fraud, where it is the only feasible remedy
negligence, or
(3) Deliver the delay, in the (2) Generic Real Obligation - can be
performed by a third person since the object is
accessions and performance of expressed only according to the family genus. It
accessories his obligation, or is thus, not necessary for the creditor to compel
contravention of the debtor to make the delivery, although he may
(4) Deliver the the tenor thereof. ask to performance of the obligation. In any case
thing itself the creditor has the right to recover the damages
under article 1170 incase of breach or violation of
obligation.
(5) Answer for
damages in case xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
of non-fulfillment
or breach
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Article 1164. The creditor has a right to the
fruits of the thing from te time of obligation
to deliver it arises. However, he shall
acquire no real right over until the same
has been delivered to him. (1095)
ARTICLE 1166. The obligation to give a
determinate thing include that of delivering
all its accessions and accessories, even
though they may not have been mentioned.
(1097a)
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ARTICLE 1167. If a person obliged to do
something fails to do it, the same shall be
executed at his cost.
This same rule shall be observed if hee
does it in contravention of the tenor of the
obligation. Furthermore, it may be decreed
that what has been poorly done be undone.
(1098)
Remedies of creditor in positive personal
obligation
(1) If the debtor fails to comply with his
obligation to do, the creditor has the right;
1a. To have the obligation performed by
himself, or by another, unless personal
considerations are involved, at the debtor’s
expense
1b. To recover damages
(2) In case the obligation is done in
contravention of the terms of the same or is
poorly done, it may be ordered (by the court
upon complaint) that it be undone if it still
possible to undo what was done.
Accessions - are fruits of a thing or additions to
or improvements upon a thing (the principal)
Accessories - are things joined to or included
with the principal thing for the latter’s
embellishment, better use, or completion.
