Obligations

 Article 1156 – juridical necessity to give, to do, or not to do.

Civil Obligations:

 Obligation to pay your tuition fee at school (to give)

 Obligation of a parent to take care of their children (to do)
 Obligation of anyone not to steal (not to do)

Civil obligation as a Juridical Necessity:

 In case of non-compliance, the courts of justice may be called upon to enforce its fulfillment or,
 in default thereof, the economic value that it represents.

NOT a Juridical Necessity hence, NOT Civil Obligations

 Your obligation to attend masses (moral obligation)

 To pay back your debt of gratitude (natural obligation)

Essential Requisites

Parts of the obligations that needed to be considered thus absent of at least one will not be considered
as CIVIL OBLIGATION.
A is obliged to pay his income taxes.
 Passive subject (Obligor) – person who is bound
Passive subject A
to the fulfillment of the obligation.
Active subject Philippine Government (BIR)
 Active subject (Obligee) – person who is Prestation To give money (pay income tax)
entitled to demand the fulfillment of the Juridical tie Law (Tax Code)
obligation.
 Prestation/Object/Subject Matter – conduct required to be observed by the debtor (it may
consist in giving, doing, or not doing)
 Juridical tie/ Vinculum/Vinculum juris – binds or connects the parties to the obligation.

Contract of Sale

A sold a bottle of wine to B for P1,000.

Obligation 1 Obligation 2
Passive subject A B
Active subject B A
Prestation To deliver the bottle of To pay A P1,000.
wine to B
Juridical tie Contract Contract
 Unilateral Obligation Bilateral Obligation
Only 1 party has the obligation 2 parties have the obligation
A is obliged to pay his income taxes. A sold a bottle of wine to B for P1,000.
Passive subject A Obligation 1 Obligation 2
Active subject Philippine Passive A B
Government (BIR) subject
Prestation To give money (pay Active subject B A
income tax) Prestation To deliver To pay A
Juridical tie Law (Tax Code) the bottle of P1,000.
wine to B
Juridical tie Contract Contract

Terms to remember:

 Obligations – juridical necessity to give, to do, or not to do.

 Right – power which a person has under the law, to demand from another any prestation.
 Cause of Action – act or omission which violates a right.
 Injury – act or omission which causes harm.
 Damage – the harm done to a party.
 Damages – sum of the money recoverable by reason of damage done.
 Plaintiff – party who initiate a lawsuit against defendant.
 Defendant – person who is accused by the crime.

A sold a bottle of wine to B for P1,000.

Obligation Right
A To deliver the bottle of wine to B Demand payment of P1,000
B To pay P1,000 to A Demand delivery of wine.

A delivered the bottle of wine and B does not pay A P1,000.

Cause of Action Damage Damages
A – plaintiff Omission on part of B A incurred loss on the Sum of money
B - defendant (not paying) sale recoverable (P1,000)