My Reviewer in Civil Law

Reference: Civil Law Reviewer by Jurado 2019

Topic: Obligations and Contracts

OBLIGATIONS
General Provisions
(Art. 1156-1162)
Obligations Juridical necessity to give, to do or not to do (Art. 1156)
4 Essential Requisites a. Juridical or Legal Tie
of Obligation b. Active Subject
c. Passive Subject
d. Prestation/Object

Juridical or LegalBinds the parties to obligation; arise either

5 Sources of
Obligations
How can we say that an
Obligation is derived
from Law and not from
other sources of
obligation?
Tie from bilateral/unilateral acts of persons
Active Subject Creditor/oblige- who can demand the
fulfillment of obligation
Passive Subject Debtor/Obligor- from whom the obligation is
juridically demandable
Prestation/Object Fact, Prestation or Service w/c constitutes the
object of the obligation
1. Law
2. Contracts
3. Quasi-Contracts
4. Acts/Omissions Punished by Law
5. Quasi-Delicts
Obligations derived from law are not presumed.
When the law ESTABLISHES the obligation and the act/condition upon which
it is based is nothing more than a factor for determining the moment when it
becomes demandable= Law itself is the source of obligation.

When the law MERELY RECOGNIZES or ACKNOWLEDGES the existence of an

obligation generated by an act (w/c may constitute a C,QC,CO,QD1) and its
ONLY PURPOSE is to regulate such obligation= the Act itself is the source of
the obligation and not the law.

Example of Obligation which arises from law:

a. When one loss in a game of chance, he may recover his loss with legal
interest from the time he paid the amount lost. (Art. 2014)
b. Obligation of spouses to support each other (Art. 291)
c. Obligation of Employers under the Workmen’s Compensation Act
d. Obligation of the Owners of the Dominant and servient estates in legal

1
Contract, quasi-contract, criminal offense, quasi-delict
 easements. (Art. 634)
Nature and Effect of Obligations
(Art. 1163-1178)
Obligations to Give: We must distinguish between the time when the creditor acquires a
When does the PERSONAL RIGHT (to thing and fruits) and the time when he acquires REAL
Creditor acquire RIGHT RIGHT thereto.
to the Object of
Obligation, and the Creditor acquires right to the fruits of the thing from the moment that the
Fruits thereof? OBLIGATION TO DELIVER it arises.
Obligation to Deliver
 In obligation arising from the L, QC, CO, QD = it arises
from the time designated by the provisions of NCC or of
special law creating or regulating them.
 In obligation arising from Contracts= it arises from the
moment of the perfection of the contract, unless there is a
stipulation to the contrarty

BEFORE THE DELIVERY of the thing (and fruits thereof), the creditor has
merely a PERSONAL RIGHT against the debtor- a right to ask for the delivery
of the thing and the fruits.

Once the thing and the fruits are delivered, then he acquires a REAL RIGHT
over them – a right which is enforceable against the whole world.

Obligations to Give: We must distinguish between the rights w/c are available to the creditor
Different Rights when the obligation is DETERMINATE and those which are available to him
Available to the when the obligation is INDETERMINATE/GENERIC.
Creditor
Right of Creditor if the Thing is Right of Creditor if the Thing is
Determinate (particularly Indeterminate/Generic
designated/physically segregated (object is designated by
from all others of the same class) class/genus)
a. To compel specific a. To ask for the performance of
performance (Art. 1165, obligation (Art. 1246)
par. 1) b. To ask that the obligation be
b. To recover damages in case complied w/ @ the expense of the
of breach of obligation (Art. debtor (Art. 1165, par. 2)
1170) c. To recover damages in case of
breach of obligation (Art. 1170)

Note:
If the obligation is generic, the obligee CANNOT COMPEL the obligor to deliver
the thing because the action for specific performance is legally and physically
imposible. Remedy of the Creditor/Obligee is to ASK FOR DELIVERY of a thing
which must be neither of superior nor inferior quality. The creditor can even
ask that the obligation be complied with at the expense of the
Debtor/Obligor. He can also ask for damages.
 If the obligation is determinate, the court may compel the Debtor/Obligor to
comply with the obligation specifically. If Debtor/Obligor is unable to comply,
the remedy of the creditor/oblige is to bring an action against the
debtor/obligor for specific performance. Additionally, he can recover
damages.
Obligations to Give: We must distinguish:
Duties/Obligations
Imposed upon Obligation of the Debtor when the Obligation of the Debtor when the
Debtor/Obligor Object is Determinate Object is Indeterminate/Generic
a. To deliver the thing which a. To deliver a thing which
he has obligated himself to must be neither of superior
give. nor inferior quality. (Art.
b. To take care of the thing 1246)
with the proper diligence of a. b. To pay damages in case of
a good father of a family breach of obligation (Art.
(Art. 1163) 1170)
c. To deliver all accessions and
accessories (Art. 1166)
d. To pay damages in case of
breach of obligation (Art.
1170)
Obligation to Do The law recognizes the individual’s freedom to choose between doing that
w/c he has promised to do and not doing it.

It is a personal act, of which courts may not compel compliance as it is an act

of violence to do so.

Remedy by Creditor/Obligee in case of Breach by Debtor/Obligor:

 To have the obligation execution at the expense of Debtor/Obligor.
Additionally, he can recover damages.