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1. What is an Obligation?

Philippine Civil Code Article 1156 defines obligation as a 6. Injury, Damage, and Damages
juridical necessity to give, to do, or not to do.
Injury – act or omission which causes harm
Although, the civil code didn’t mention the specific type
Damage – the harm done to a party
of obligation, the specific type of obligation being
defined by Art. 1156 is a civil obligation. Damages – the sum of money recoverable by reason of
damage done

2. Examples of Civil Obligations


7. Sources of Obligations
Obligation to pay your tuition fee at school (to give)
Law – when imposed by the law itself
Obligation of a parent to take care of their children (to
do) Contracts – a contract is a meeting of minds between
two persons whereby one binds himself, with respect to
Obligation of anyone not to steal (not to do)
the other, to give something or to render some service.

Quasi-contracts – a quasi-contract is that juridical


3. Why civil obligation is a juridical relation resulting from certain lawful, voluntary and
necessity? unilateral acts by virtue of which the parties become
bound to each other to the end that no one will be
In case of non-compliance, the courts of justice may be
unjustly enriched or benefited at the expense of
called upon to enforce its fulfillment or, in default
another.
thereof, the economic value that it represents.
Acts or omissions punished by law – also known as
NOT a juridical necessity (therefore NOT civil
crime or felony; unlike other sources of obligations,
obligations)
delicts produce both criminal and civil liabilities
Your obligation to attend masses (moral obligation)
Quasi-delicts – also known as tort or culpa; this is an act
To pay back your debt of gratitude (natural obligation) or omission by one party which causes damage to
another party wherein there is no pre-existing contract.

4. Essential Requisites
8. Scope of Civil Liabilities in Delicts
Passive subject (Obligor) – person who is bound to the
fulfillment of the obligation Restitution – the restitution of the thing itself must be
made whenever possible, with allowance for any
Active subject (Obligee) – person who is entitled to
deterioration, or diminution of value as determined by
demand the fulfillment of the obligation
the court
Prestation/Object/Subject Matter – conduct required
Reparation for the damage caused – court shall
to be observed by the debtor (It may consist in giving,
determine the amount of damage, taking into
doing, or not doing)
consideration the price of the thing, whenever possible,
Juridical tie/Vinculum/Vinculum juris – binds or and its special sentimental value to the injured party
connects the parties to the obligation and reparation shall be made accordingly

Indemnification for consequential damages –


Indemnification for consequential damages shall include
5. Obligations, Right, Cause of Action not only those caused the injured party, but also those
(Wrong)
suffered by his family or by a third person by reason of
Obligation – juridical necessity to give, to do, or not to the crime
do

Right – the power which a person has under the law, to


demand from another any presentation

Cause of Action – act or omission which violates a right

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