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Obligs Notes
Obligs Notes
Title I. -OBLIGATION
Chapter 1.
GENERAL PROVISIONS
Art. 1156. An obligation is a juridical necessity to give, to do or not to do.
Obligation – The requirement to do what is imposed by law, promise, or contract.
Obligation is synonymous with duty. It’s a tie which binds us to pay or to do
something agreeably to the laws and customs of the country. According to Arias
Ramos, obligation is nothing more than the duty of a person (debtor or obligor) to
satisfy a specific and demandable claim of another person (creditor or obligee)
which if breached is enforced in court.
Elements of Obligation
1. Active subject (creditor or obligee). – the person who has the right to demand
the fulfillment of the obligation.
2. Passive subject (debtor or obligor).- the one who is bound to the fulfillment of
the obligation.
3. Prestation or object – It may consist in giving, doing, or not doing. Without
prestation, there is nothing to perform. Object refers to the property or the
things. Prestation is the subject matter of the obligation.
4. Efficient cause (juridical or legal tie) – that which binds or connects the
parties to the obligation. The tie is an obligation can easily determined by
knowing the source of the obligation.
Right and obligation, Correlated – When there is right there is a corresponding
obligation. Right is the active aspect (credit) and obligation is the passive aspect
(debt).
Prestation – Particular conduct of the debtor. It may consist in giving, doing or
not doing something.
1. Obligation to give – consist in the delivery of a movable or immovable thing
to the creditor. Example: Obligation to deliver the thing in sale, deposit, pledge,
donation, anti-chresis.
2. Obligation to do – covers all kinds of works or services whether physical or
mental. Example: Contract for professional services like painting, modelling,
singing.
3. Obligation not to do – consist in refraining from doing some acts like
producing aggravating noise, offensive odor, smoke, heat.
Nature of obligations in Art. 1156; Civil and Natural Obligations
Distinguished. –
The definition of obligation in Article 1156 refers to civil obligations which are
enforceable in court when breached. It does not cover natural obligations.
Kinds of Obligations
(a) As to judicial enforceability
1. Civil obligation – It is an when the debtor or obligor did not fulfilled its
obligation to the creditor or obligee that can be enforced through a civil suit or
action in a court.
2. Natural obligation – It is a special kind of obligation which cannot be enforced
in court but which authorizes the retention of the voluntary payment or
performance made by the debtor.
3. Moral obligation – It is a duty which one owes, and which he ought to perform,
but not legally bound to fulfill. This is an obligation from moral law developed
by the church the church and not enforced on court. It deals with the spiritual
obligation of a person in relation to his God or Church.
(b) As to the subject matter
1. Unilateral obligation – It is when only one of the parties are bound to fulfill a
prestation.
2. Bilateral obligation – It is when both parties are bound to perform.
Reciprocal obligation are which arise from the same cause, wherein each party
is a debtor and a creditor of the other. (ASJ Corporation vs. Evangelista, 545 SCRA
300)
(d) As to the capacity of fulfillment
1. Divisible obligation – Requires the giving of definite things and the same can
be partially performed.
2. Indivisible obligation – Requires the giving of definite things and the same
cannot be partially performed.
(f) as to their dependance upon one another
1. Joint obligation – Obligation where creditor has the right to demand full and
complete compliance of an obligation against both of the debtors.
2. Solidary obligation – Obligation that are bound together, each liable for the
whole performance, or obligees to be bound together, all owed just a single
performance and each entitled to the entirety of it.
(k) As to the grant of right to choose one prestation out of several, or to substitute
the first one.
1. Alternative obligation – Obligation where the obligor may choose one out of
several prestation.
2. Facultative obligation – Obligation where there are only one prestation. But
the obligor may render one in substitution of the first one.
(l) As to the imposition of penalty