THE LAW OF OBLICON AND CONTRACTS

What is obligation?
Philippine Civil Code Article 1156 defines obligation as a juridical necessity to
give, to do, or not to do.

Civil Obligation right term for this definition

Examples of obligation
- Obligation to pay your tuition fees at school (To give)
- Obligation of a parent to take care of their child (to do)
- Obligation of anyone not to steal (not to do)

Why civil obligation is 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 (therefore not civil obligations)

1. Your obligation to attend masses (moral obligation)
2. To pay back your debt of gratitude (natural obligation)
Essential Requisites
1. Passive Subject (Obligor) – person who is bound to fulfillment of the
obligation
2. Active subject (Obligee)- person who is entitled to demand the
fulfillment of the obligation
3. Prestation/Object/subject Matter – conduct required to be observed by
the debtor (it may consist in giving, doing, or not doing)
4. Juridical tie/Vinculum/Vinculum Juris – binds or connects the parties to
the obligation

Example
1. Passive subject
Naruto is obliged to pay his income taxes
Passive subject – Naruto
Active Subject – Philippine Government
Prestation – to give money (pay income tax)
Juridical Tie – Lie
Terms
Obligations, Right, Cause of Action (Wrong)
Obligation – Juridical necessity to give, to do, or to not to do (for civil
obligation only)
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/law
Damages – Sum of money recoverable by reason of damage done/ specific
amount/ pwedeng marecover ng plaintiff

Tanjiro – plaintiff (sya ung nag demand/ dinemanda)

Inosuke – defendant (tandan mo ung sa innocent defendant HAHA)
Cause of Action – omission on part of Inosuke (not paying)
Damage – Tanjiro incurred loss on the sale
Damages – sum of money recoverable (1,000+)
 Types of Obligations according to prestation
1. Real Obligation – to give
2. Personal Obligation –
i. Positive Personal – to do
ii. Negative Personal – not to do

Sources of Obligation
Article 1157. Obligations arise from:
1. Law
2. Contracts
3. Quasi- Contracts
4. Acts or omissions punished by law
5. Quasi- delicts

Obligations arising from the law

- when impose by the law itself

Examples:
 Pay taxes (Tax Code)
 Obligations of parents to the family (Family Code)

- A contract is a meeting of minds between two persons whereby one binds

himself, with respect to the other, to give something or to render some
service
Obligations arising from the contracts
- A contact is a meeting of minds between two persons whereby one binds
himself, with respect to the other, to give something or to render some
service

Obligations arising from the quasi–contracts

- A quasi- contract is that juridical relation resulting from certain lawful,
voluntary, and unilateral acts by virtue of which the parties become bound
to each other to the end that no one will be unjustly enriched of benefited
at the expense of another