GENERAL PROVISIONS

ARTICLE 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or
omissions punished by law; and (5) Quasi-delicts.

ARTICLE 1157
head of a family that lives in a
Sources of Obligation
building or a part thereof to answer
for damages caused by things thrown
1. Law - when they are imposed by the
or falling from the same, the
law itself (e.g pay taxes, support
obligation of the possessor of an
family)
animal to pay for the damage which it
2. Contracts - arise from an agreement
may have caused)
of the parties (e.g pay a loan,
- Wrongful act accompanied by
indebtedness)
negligence.
3. Quasi-contracts - when they arise
- The enumeration by the law is
from lawful, voluntary and unilateral
exclusive; hence, there is no
acts and which are enforceable to the
obligation as defined in Article
end that no one shall be unjustly
1156, if its source is not any of
enriched or benefited at the expense
those enumerated
of another. (e.g return money paid by
mistake)
Sources Classified
- The law is created in the absence
1. Emanating from law
of an agreement between parties.
2. Emanating from private acts
- Imposed by the law not the
a. Licit acts - contracts or quasi-
outcome of an agreement.
contracts
4. Crimes/ acts punished by law - arise
b. Illicit acts - punishable crimes
from civil liability which is the
or not punishable case of quasi
consequence of criminal offense. (e.g
delicts
thief returns stolen car)
- Actually, there are only two (2) sources:
- Delict - wrongful act
law and contracts, because obligations
accompanied by intention.
arising from quasi-contracts, crimes, and
5. Quasi-delicts or torts - when they
quasi-delicts are really imposed by law..
arise from damage caused to another
- Where the source of the obligation is a
through an act or omission, there
private act, the law merely recognizes or
being fault or negligence, but no
acknowledges the existence of the
contractual relation exists between
obligation
the parties. (e.g he obligation of the