You are on page 1of 4

Moral obligation - ex.

Go to church every sunday **Reservation must be done before the presentation of


Natural Obligation evidence in a prosecution case in a criminal court.
Civil obligation
The estate is a juridical person – Pedro Fragrante vs
Qualities of Object limjoco
- determinate
- useful Obligations or Obligor
- lawful 1. PRESTATION TO GIVE SPECIFIC THING
- accessible in money - Money
- Possible - Property
a. To deliver a determinate or specific thing
Types of Obligation Accessory: preserving the thing which involves the
diligence of a good father of the family art 2107 (extra-
Peculiarity of prestation ordinary diligence, safety of passengers – utmost
- Pure obligation diligence, innkeepers – utmost diligence art 1757
- obligation with condition b. Delivery of accession and accessory
- obligation with period Accession means anything that is
- Attached (attempt to remove will cause injury
Classification of Obligation - Produced
- Incorporated
1. According to number of parties / plurality of debtor or Discreta fruits Accession
creditor - Natural fruit
a. joint - Industrial
b. solidary - Civil fruit
You bought a lot with accession with alluvion
2. According to prestations to be rendered individual (identifiable portion of land attached to real property)
multiple Ex.You bought a pregnant dog
a. alternative Avulsion
b. facultative
Accession, Continua
3. Quality of Object
a. positive (allowed) or negative (not allowed to perform) Accessory per se – refers to ornament
b. specific or Generic (indeterminate object) Once removed doesn’t cause injury
c. divisible (partial performance of obligation) or indivisible Obligee – creditor (Active subject)
d. principal or accessory
2. PRESTATION TO GIVE GENERIC THING
ex. Obligation arises from law - Deliver thing of quality specified
- Obligation to support 3. PRESTATION TO DO –
- Payment of Taxes 4. PRESTATION NOT TO DO – not to perform the
conduct prohibited
Can you file an independent civil action without a
reservation? Yes, for obligation arising from other sources Voluntary Breach Through or More
of obligation except from Delict. 1. Mora Solvendi – delay of obligor to perform
obligation
Reservation is only a requirement from an obligation No demand, No Delay (exception:
arising from a delict other sources of obligation except Obligation or law expressly declares it “without
delict demand” “time is of the essence”
- Civil action filed before criminal action
- Waiver Solidary obligation -expressly / law or nature required /
- Reservation in filing an independent civil action RPC / can compel one debtor fulfill entire obligation
Joint Obligation – is always the presumption unless
Fortuitous Event exempt debtor of civil liability expressed Joint indivisible
-Independent of human will
-Impossible to foresee, if foreseen but cannot be avoided Indemnity for damages – so it can be quantified, your
-Impossible for debtor to fulfill obligation share be fulfilled
-Debtor has no concurrent delay (no delay or negligent)
EXTINGUISHMENT OF OBLIGATION
In spite of fortuitous event can still be civilly liable Remission
Law expressly provides for it (art 1942 Condonation
Expressly stipulated by the parties Confusion
Assumption of risk (art1717, art 1774) Merger
Debtor in delay Payment
Debtor in negligence Legal Compensation
Requisites:
Remedies given to creditor in case of obligation Principal debtors and creditors of each other
a. To GIVE a specific M
- File an action for specific performance plus Oney
damages or file an action for rescission plus Liquidated
damages
b. To DELIVER a generic thing
-ask for a substitute performance plus damages
c. To do
- file an action
- ask to redo
d. NOT to do
- file an action for damages
- Ask debtor to undo prohibited act done with damages

Subsidiary Remedies
A. Accion Subragotoria – creditor steps in the shoe of the
debtor, for recovery of possession of real property
B. Accion Pauliana – action to question the validity or
contract sale

TYPES OF OBLIGATION
1. Pure obligation – demandable at one
2. Obligation with condition (event, future, unsure to
happen)
The happening of suspensive condition will give rise to
obligation
3. Obligation with a period (event, future, sure to
happen)
It will happen no matter what.