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ARTICLE 1156. An obligation is juridical necessity to give, to do or not to do.

Obligatio (latin) – tying or binding


Obligation is a juridical necessity because in case of noncompliance, the courts of justice may be called upon.
*Debtor must comply whether he likes it or not
-Essential requisites-
Juridical tie (efficient cause) – binds/connects
Active subject – creditor, obligee
Passive subject – debtor, obligor
Object/Prestation – subject of obli
*Form – oral, written, partly oral, partly written – law does not require any form
Real obligation – obligation to give, must deliver
Personal obligation – obligation to act
 Positive personal obli – to do
 Negative personal obli – not to do/give
ARTICLE 1157. Obligations arise from:
1)Law – imposed by law itself
2) Contracts – stipulation of the parties
3) Quasi-contracts – lawful, voluntary, unilateral
4) Acts or omissions punished by law;
5) Quasi-delicts or torts – damage caused by fault
ARTICLE 1158. Oblis from law are not presumed.
ARTICLE 1159. Contractual oblis
Contract – meeting of minds between two persons
1. Binding force – force between contracting parties
2. Requirement of valid contract – it should not be contrary to law, morals, good customs, public order
*In the eyes of law, a void contract does not exist.
3. Breach of contract – violated contract; a party fails/refuse to comply
ARTICLE 1160. Quasi-contracts

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