Obligation and contracts

OBLIGATION – juridical necessity to give, to do or not to do

4 ELEMENTS OF OBLIGATION
1. ACTIVE SUBJECT (creditor/obligee) – whose obligation is constituted
2. PASSIVE SUBJECT (debtor/obligor) – has duty to give, to do or not to do
3. OBJECT/PRESTATION – subject matter
4. JURIDICAL/LEGAL TIE (vinculum/efficient cause) – reason

CIVIL OBLIGATION NATURAL OBLIGATION

derived from positive law derived from equity &

justice

enforceable by court not enforceable by court

action action

5 SOURCES OF OBLIGATION
1. LAW
2. CONTRACTS
3. QUASI-CONTRACTS – arise from lawful, voluntary acts; no one shall be unjustly enriched...
2Kinds
a. Solutio indebiti – something received (delivered on a mistake), no right to demand it
b. Negotiorum gestio – voluntary mgt of property/affairs of another w/o his
knowledge/consent
4. QUASI-DELICT/TORTS/CULPA AQUILIANA – arise from damage; fault/negligence
5. CRIMES/ACTS/OMISSIONS punished by law– arise from civil liability that is a consequence of
a criminal offense

DILIGENCE OF A GOOD FATHER OF A FAMILY

- care need to be exercised by a debtor to deliver/give determinate thing
Exception: When law/stipulation of parties requires a differnt standard of care
(slight/extraordinary diligence).

When creditor is entitled to the fruits

Rule: The creditor has personal right (right to ask for delivery) from the time the obligation to
deliver arises.
But NO real right (right enforceable against the whole world) until it is delivered.