Professional Documents
Culture Documents
There
are also obligations in other normative contexts, such as obligations
of etiquette, social obligations, religious and possibly in terms of politics, where obligations are
requirements which must be fulfilled. These are generally legal obligations, which can incur a penalty
for non-fulfilment, although certain people are obliged to carry out certain actions for other reasons
as well, whether as a tradition or for social reasons.
Obligations vary from person to person: for example, a person holding a political office will generally
have far more obligations than an average adult citizen, who themselves will have more obligations
than a child.[1] Obligations are generally granted in return for an increase in an individual's rights or
power. For example, obligations for health and safety in a workplace from employer to employee
maybe to ensure the fire exit is not blocked or ensure that the plugs are put in firmly.
The word "obligation" can also designate a written obligation, or such things as bank notes, coins,
checks, bonds, stamps, or securities.
Elements of Obligation
An obligation has the following essential elements:
▪ Parties - the actors involved in an obligation:
▪ active subject (creditor/obligee) - one who demands the fulfillment of an obligation.
▪ passive subject (debtor/obligor) - one who has the duty to fulfill an obligation.
▪ Prestation - the conduct to be performed by the passive subject for the active subject.
▪ Juridical Tie (efficient cause) - the relation that binds the parties to an obligation.
Example: Under a contract of sale, D agreed to deliver a book to C for Php1000.
▪ C is the active subject
▪ D is the passive subject
▪ the delivery of the book is the prestation
▪ the contract of sale is the juridical tie that binds X and Y.
Suppose X had already delivered the book but Y has not yet paid for it.In this case, X becomes the
active subject and Y is the passive subject.
The active subject has the right to go to court in case of non-performance by the passive subject.
The passive subject should hence comply with the obligation to avoid civil action against him.
Sources of Obligation
An obligation can arise from:[2]
▪ Law - when there is an enforcement of law itself; the obligation cannot be presumed, and
should be expressly or clearly provided for in the law in order to demandable;[3] such as the
obligation of income earning persons to pay taxes according to the National Internal Revenue
Code.
▪ Contract - when there is a meeting of the minds between the parties; the obligation have the
force of law and should be complied with in good faith;[4] such as the contract of sale of a
book for Php1000.
▪ Quasi-contract - when there is no meeting of the minds between parties, but one party
benefited at the expense of the other party; there is an obligation to pay for compensation so
that no one shall be unjustly enriched or benefited at the expense of another.[5]
▪ Negotiorum gestio - if one (the officious manager) voluntarily takes charge of the
agency or management of another person's property on his behalf without his consent
or authority;[6] such as the obligation to reimburse the expenses incurred by someone
who voluntarily saved your abandoned house from fire.
▪ Solutio indebiti - if one received something that does not rightfully and legally belong
to him;[7] such as the obligation to return a money received by mistake.
▪ Delict - when there is a civil liability resulting from criminal offense; should be governed by the
penal laws;[8]such as the obligation of a thief to return the money he had stolen.
▪ Quasi-delict - when there is fault or negligence that causes damage on another, there being
no prior meeting of the minds between the parties; there is an obligation to pay for the
damage done;[9] such as the obligation of a driver to pay for the damages he caused to
another due to negligence.
Effects of Obligation
The duties of the debtor
in the delivery of a determinate thing, which is identified by its individuality:
▪ deliver the thing itself.
▪ preserve or take care of the thing due with the proper diligence of a good father of a family,
unless the law or the stipulation of the parties requires another standard of care.[10]
▪ deliver the fruits of the thing from the time the obligation to deliver it arises.[11]
▪ deliver the accessions and accessories of the thing, even though they may not have been
mentioned.[12]
in the delivery of a generic thing, which is identified by its class/type:
▪ deliver the thing which is neither superior nor inferior quality.[13]
The debtor is also liable for damages in case of non-performance or breach of obligation by reason
of delay, fraud, negligence or contravention of the tenor.[14]