LAW OBLIGATION AND CONTRACTS

1. Kind of obligation according to the Subject Matter. There are two.

Real obligation (obligation to give) - the subject matter is a thing which the obligor must
deliver to the obligee.
Personal obligation (obligation to do or not to do) - the subject matter is an act to be done
or not.
Positive personal obligation - an obligation to do
Negative personal obligation - an obligation not to do (includes obligation no to give)

2. Article 1158
"ART. 1158: Obligations derived from law are not presumed. Only those expressly
determined in this Code or in special laws are demandable, and shall be regulated by the precepts
of the law which establishes them; and as to what has not been foreseen." When obligations are
not expressly provided by law, they cannot be presumed to exist – thus making the not
demandable nor enforceable.

3. Article 1159
"ART. 1159: Obligations arising from contracts have the force of law between the contracting
parties and should be complied with in good faith."

4. Article 1162
"ART. 1162: Obligations derived from quasi-delicts shall be governed by the provisions
contracts and by special laws."

5. Obligation arising from Quasi-delicts

Quasi-delicts or torts - acts arising from damage caused through an actor omission (Example:
the obligation of the head of the family to be responsible for the damages caused by throwing or
falling things from the house) When they arise from damages caused to another, there being fault
or negligence, giving rise to the obligation to pay for the damage done. There must be no pre-
existing contractual relation between the parties.