OBLIGATION AND CONTRACTS

OBLIGATION CHAPTER 1

GENERAL PROVISIONS

Provision of the Civil Code

*Art 1156 An obligation is a juridical necessity to give, to do or not to .

(Obligation to keep, obligation to do and obligation not to do)

Questions:

- what does juridical necessity mean in the definition of obligation?

- will you cite examples of obligations to give, to do, or not to do.

Discussion

Nature Obligation Under the Civil Code

- Civil Obligation and Natural Obligations

Essential Requisites of an Obligation

- A passive subject called the debtor or obligor

(Contract of loan the borrower is the debtor obliged to pay the amount borrowed)
- An active subject called creditor or oblige
(The one that will collect the money)
- Object or presentation which is the subject matter of the obligation
(When the buyer already purchased and already delivered the purchased priced)
- A juridical or legal tie also called the efficient cause that which binds the parties to the
obligation.
(The efficient cost that which binds the parties to the obligation)

Form of Obligations

- Oral or in writing
- Partly oral and partly writing

Discussion:

Kinds of obligations according to the subject matter:

Real Obligations and personal obligations

- Real obligation is that in which the subject matter is a thing

- Personal Obligation is that in which the subject matter is an act to be done or not to be done)

(To sing, to dance example of personal obligation)

- Positive personal obligations and negatives personal obligations

-Illustrative example: Right of way

*Art 1157 Obligation arise from

1. Law- (family code of the Philippines the relationship between husband and wife that law lay
down the obligation of the husband and the wife to one another to observe love, loyalty,
respect, and support to one another)
2. Contracts- (these are the obligation that are agreed upon by the parties)
3. Quasi- contracts- (voluntary management of the property of another person, receive something
or an amount that was delivered to you by mistake you have the obligation to return under the
principles of quisi contracts)
4. Acts or commissions punishable by law and- (this refers to the commission of crimes) (delicts or
crimes there is an element of intent

(Juan killed Pedro so Juan committed a crime of murder or crime or homicide the agreed party there is
the people of the Philippines so Juan there has the obligation not only to pay for the single aspect of
killing but has to be convicted so that he will be imprisoned, the crime of rape punishable by law)

5. Quasi-delicts(1089a)- injury cost or is a damaged cost to another person by reason of negligence

or lack of imprudence.

*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, by the provisions of this Book (1090)

Discussion On Obligation Arising from Law

 Do obligations arising from law refer to legal obligations

 Will you cite examples of obligation arising from law (i.e., Labor Code of the Philippines;
National Internal revenue Code; Family Code of the Philippines

Provision

*Art. 1159 Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith.

Discussion On Obligations Arising from Contracts

Contractual Obligation

 What is a contract? A contract is a meeting of minds between two persons whereby one binds
himself, with respect to the others to give something or to render some service (1305)
 Binding force
 Valid Contract (Essential Elements)
 Requirement of a vali contract
 Breach of Contract
 Compliance In Good Faith
Provision

Art 1160 Obligations derived from quasi-contracts shall be subject to the provisions of Chapter 1 Title
XBll, of this Book, (n)

Discussion

 Negotiorum gestion- is the voluntary management of the property of affairs of another without
the knowledge or consent of the latter.
 Solution indebity- is the juridical relation which is created when something is received when
there is no right to demand it and is was unduly delivered through mistakes.

Provision

*Art. 1161 Civil obligations arising from Criminal offenses shall be governed by the penal laws, subject to
the provisions of article 2177, and of the pertinent provisions of Chapter2, Preliminary title, on Human
relations, and of Title XVll of this book, regulating damage

Provision

*Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title
XVll of this Book, and by special laws.

Discussion:

 Art. 2176- A quasi-delicts is an act or omission by a person(tortfeasor) which causes damage to

another in his person, property or rights giving rise to an obligation to pay for the damage done,
there being fault or negligence but there is no pre-existing contractual relation between the
parties.
 Requisites of quasi-delict
 Crime distinguishes from aqua-delict