ARTICLE 1156. An obligation is a
Acts or omission punished by
juridical necessity to give, to do or not
to do. (n)
When we speak to obligation, the
concept is not limited only to debts.
Obligation has two aspects:
The (1) Negative/ Passive (2) Positive/
Active sides.
So do not be confused, the concept is
unitary (forming a single or uniform
entity.)
But it has two aspects, it is not limited
to DEBTS.
When we say obligation, we ought to
think that it is only in the fulfillment of
an obligation or debts. But when we
talk of obligation it has two aspects:
The active and the passive side.
It is similar to a coin which has two
sides, like an obligation which also two
sides.
Basic elements of obligation (3
elements):
1. The objective elements: The passive
and active subject.
2. The subjective element - Object or
prestation (which is the subject matter
of the obligation).
3. The juridical tie - binds the object
and the subject.
When we talk of the OBJECTIVE
ELEMENT, the object of every
obligation is a prestation.
Do not confuse the object of obligation
with the object of a contract.
The object of every obligation is
always a prestation.
That is a particular conduct required of
the debtor.
Limited of (3) either that of giving,
doing, or not doing.
On the other hand, let us go to the (1)
OBJECTIVE ELEMENT: Which is the
active (creditor) and the passive 4.
subject (Debtor). law.
5. Quasi-delicts
The DEBTOR is referred into as passive
subject, just like in relationship with What is Quasi-contract?
your partner who is the active one or
A juridical relation arising from lawful
who is the passive one.
unitary and voluntary act for the
So you know the idea, the action of the purpose of preventing unjust
passive one will depend on the action enrichment. This concept is for the
of the active one. purpose of preventing unjust
enrichment, to the end that no person
So that's why you are PASSIVE because
should unjustly enrich himself at the
you are just following the actions of
expense of another.
the ACTIVE one.
To distinguish a quasi-contract from an
The action of the DEBTOR will simply
implied contract, in contracts the
rely on the action of the CREDITOR.
giving of consent is not always made
expressly. It can be made impliedly, so
If the creditor will not actively pursue
we can have implied contracts. So to
his credit, the debtor may stay silent
distinguish an implied contract from a
and passively the obligation may
quasi-contract.
extinguish prescriptively. The tie that
binds both elements: The active and
In an implied contract, there is still a
the Passive elements is what we refer
consent, although it is given impliedly.
to as the juridical or legal tie (also
known as the Vinculum Juris). Whereas, in quasi contract there is no
consent, because the juridical
EXAMPLE: Under a building contract, X
relationship arises out of unitary
bound himself to construct a house for
action of a certain person.
Y for P1,000,000.00.
There are two forms of Quasi-contract:
Here, X is the passive subject, Y is the
active subject, the building of the (1) Negotiorum Gestio
house is the object or prestation, and - A juridical relation which
the agreement or contract, which is arises when a person
the source of the obligation, is the referred to as gestor
juridical tie. voluntary assumes a
business or property
Suppose X had already constructed the
which has abandoned or
house and it was the agreement that Y
belonging to another
would pay X after the construction is fi
person.
nished. X, then, becomes the active
subject and Y, the passive subject.
ART. 1157. Obligations arise from: (1)
Law; (2) Contracts; (3) Quasi-
contracts; (4) Acts or omissions
punished by law; and (5) Quasi-
delicts. (1089a)
Juridical or Legal Tie can come only
from five (5) sources of obligation:
1. Law
2. Contract
3. Quasi-contract