What is Obligation?

Under Philippine Civil Code Article 1156 , Obligation is define as a juridical necessity to give, to do or not
to do.

This is what we call the legal definition of obligation. However if you really look at it , we can also define
this as a civil obligation. Now what are examples of civil obligation:

1. OBLIGATION TO PAY YOUR TUITION FEE AT SCHOOL (TO GIVE)

2. OBLIGATION OF A PARENT TO TAKE CARE OF THEIR CHILDREN (TO DO)
3. OBLIGATION OF ANYONE NOT TO STEAL (NOT TO DO)

WHY CIVIL OBLIGATION IS A JURIDICAL NECESSITY? When you recall the definition of obligation it says
it’s a juridical necessity. This is an important key word because this is how you will be able to distinguish
obligation from any other type of obligation. Because you can only associate juridical necessity to civil
obligation.
But what is juridical necessity?
In case of non-compliance, the courts of justice may be called upon to enforce its fulfilment or in default
Thereof, the economic value that it represents.
So when we say juridical necessity, it basically means something that you need to do or else you will be
sued by the courts of justice. The court will enforce the fulfilment

Here you can see obligations but not a juridical necessity. Meaning it does not fall under the meaning of
civil obligations. So number 1 is not a civil obligation but what we call moral obligation

Number 2 – to pay back your debt of gratitude – utang kabubut’on. This will not fall under civil
obligation because under civil obligation, pwede makasahon if wala nagampanan or na meet ang
obligation.

Here are the essential requisites of obligations. Or we can say parts of obligation. Wherein if one of
these is missing, we cannot call it civil obligation.

Now we have four requisites. Now if you’ve noticed, each requisite have multiple terms. For example
number 1, passive subject we can also call this obligor and number 2 active subject we can also call this
obligee. Basically this two pertains to persons involve in the obligation. However, the remaining two do
not pertain to persons. Number three, we have prestation or we also call it object or subject matter.

I put all the terms that are associated with this specific essential requisite here because the books have
different terms man gud that they use so this is to avoid confusion later on.

Prestation:

If your recall the definition of obligation, it says it’s a juridical necessity to give to do or not to do). That
part of the definition is basically what prestation is. The Diamond Ring.