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 action

not enforceable by court 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.

3 KINDS OF FRUITS

1. NATURAL – w/o human intervention

2. INDUSTRIAL – w/ human intervention

3. CIVIL – derived by virtue of juridical relation

Creditor’s rights if debtor fails to comply w/ the obligation

1. Determinate

a. Performance

b. Damages

2. Generic

a. Performance

b. Damages

c. Obligation be complied at debtor’s expense

Creditor’s rights if debtor does in contravention

1. Damages

2. Ask it be UNDONE at debtor’s expense

FORTUITOUS EVENT – cannot be foreseen, if foreseen, inevitable

General Rule: No person liable to fortuitous event.

Exceptions:
1. Law states

2. Stipulation/contract states

3. Assumption of risk

4. Delay

5. Debtor promises deliver to 2/more persons who do not have same interest (bad faith)

EFFECTS OF FORTUITOUS EVENT to thing to be delivered

- extinguish the obligation if determinate; generic does not extinguish the obligation

3 MISCELLANEOUS RULES ON PERFORMANCE OF OBLIGA-TION

1. When to deliver determinate, accessions (additions/ improvements) and accessories (joined/included

with the principal) are INCLUDED even not mentioned.

2. If debtor fails to do, it shall be DONE AT HIS EXPENSE, same with doing the contravention; poorly
done be undone.

3. In obligation not to do, and obligor does what is forbidden, shall be UNDONE AT HIS EXPENSE.