You are on page 1of 2

Obligation- Juridical necesity to give, to do or not to do.

TO GIVE ( Positive ,Real ) Can't go to court for specific performance in case of refusal.
Specific Can't be extinguished through other party
Generic CAN BE extingushed through other party

TO DO ( Positive,Personal) only DAMAGES are allowed because of breach of contract

NOT TO DO (Negative, PersonalAnything fdone shall be undone at the debtor's expense.

Sources of Obligation :
Law can't be presumed
Contracts meeting of minds-offer-acceptance
Quasi-Contracts no meetings of minds
solutio indebiti- undue payment
negotorium gestio- unauthorized arrangement
Delicts acts of omissions pusnishable by law;, if accused.
Convicted- civil and criminal
Acquitted-civil only
** did not commit act no civil obligation.

Start Result
Quasi-Contracts Lawful Benefit
Quasi-Delicts Lawful Injury/Damages
Delicts nlawful Injury/Damages

FRUITS
Determinite thing : right belongs to CREDITOR from the time the obligation to deliver arises.
Gen. Rule
Delay : no demand ; no delay

M moral
E exemplary
N nominal
T temperate
A Actual; compensatory
L liqudiated

Prima Facie : Disputable / Assumption

Kinds of Obligation

Demandable at once
Pure/Simple no period / no condition
Resolutory with condition
With Resolutory effecwith period
with period benefit of both creditor and debtor
cannot be demanded before due date , can only FIX at court.
with condition

with period and condition

You might also like