OBLICON NOTES – Feb 2, 2023 **kzamora

ART 1156 – Is a must (MUST MEMORIZE)

3 definitions of 1156 according to law:

 Necessity to give (house and lot, not easily to transmit)

 To Do
 Not to do

Juridical necessity – relationship between 2 parties

Debtor- has the obligation to fulfill the task (OBLIGOR)

Creditor – has the power to demand the debtor (OBLIGEE)

Memonics - paggamit ng words to easily memorize

APPE ESSENTIAL REQUISITES

 aCtive – C=creditor (pertains to the creditor, has the power to demand)
 Passive – “p” malapit sa “O”=obligor (pertains to the debtor, has the obligation to fulfill
the task)
 Prestation – object
 Efficient cause – vinculum juris, juridical relationship of creditor and debtor (prof and
student relationship)
“coercive” = pamimilit

KINDS OF OBLIGATION
 Real – obli to give
 Personal – obligation to do or not to do
Law Moral Public Policy

ART 1167 – OBLIGATION TO DO OR TO RENDER SERVICE (POSITIVE PERSONAL

OBLIGATION)

ART 1168 – OBLIGATION NOT TO DO OR NOT TO GIVE (NEGATIVE PERSONAL

OBLIGATION)

ART 1157 – obligations arise form LCQAQ

Law Contracts Quasi-contracts Acts or omission punished by law Quasi-delict
 Danyos Permiso – a general perspective
Contracts - meeting of minds between two person whereby one binds himself
with respect to the other.
 One of the sources of obligations
 Civil obligation
Consent Object Consideration
Quasi-contracts – as if there is contract. QUASI=AS IF
 konsensiya ang kelangan
 natural obligation
2 KINDS OF QUASI CONTRACTS
 Solutio Indebiti (payment by mistajke)
 Negotiorum gestion (management of another’s property)
- you are trying to save his/her property
- there is no one forcing you to do something