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

WHAT IS OBLIGATION?
OBLIGATION ( came from the word “OBLIGATIO” means “binding”)
OBLIGATION It is defined as a legal relation established between one party (called the creditor) and another
(called the debtor).
OBLIGATION It is a duty of a person (debtor/obligor) to satisfy a specific and demandable claim of another person
(creditor or obligee) which if breached is enforced in court.

WHAT IS RIGHT?
RIGHT is a claim or title to an interest in anything whatsoever that is enforceable by law.
TO GIVE (REAL OBLIGATION) – obligation of the debtor or obligor to deliver a thing, movable or an immovable, to
the creditor or obligee for the purpose of ownership or use
TO DO – obligation of debtor/obligor to perform some work/service in favor of the creditor/obligee
NOT TO DO – obligation not to do some act in favor of the creditor/ obligee

ESSENTIAL REQUISITES OF AN OBLIGATION

(1) A passive subject (called debtor or obligor) or the person who is bound to the fulfillment of the obligation; he
who has a duty;
(2) An active subject (called creditor or obligee) or the person who is entitled to demand the fulfillment of the
obligation; he who has a right;
(3) Object or prestation (subject matter of the obligation) the conduct required to be observed by the debtor. It
may consist in giving, doing, or not doing. (see Art. 1232.) Without the prestation, there is nothing to perform.
(4) A juridical or legal tie (also called efficient cause) that which binds or connects the parties to the obligation.
The tie in an obligation can easily be determined by knowing the source of the obligation. (Art. 1157.)

KINDS OF OBLIGATION
A. ACCORDING TO SUBJECT MATTER
(1) Real obligation (obligation to give) or that in which the subject matter is a thing which the obligor must deliver
to the obligee;
(2) Personal obligation (obligation to do or not to do) or that in which the subject matter is an act to be done or
not to be done.

SOURCES OF OBLIGATIONS (Art. 1157)

(1) Law - Ex. obligation to pay taxes; obligation to support one’s family
(2) Contracts - when they arise from the stipulation of the parties (Art. 1306)
(3) Quasi-contracts (Art. 2142) - Ex. the obligation to return money paid by mistake or which is not due
(4) Acts or omissions punished by law (delict) (Art. 1161.) - Ex. the obligation of a thief to return the car stolen by
him; duty of a killer to indemnify the heirs of his victim
(5) Quasi-delicts (Art. 2176) when they arise from damage caused to another through an act or omission, there
being fault or negligence, but no contractual relation exists between the parties

NEGLIGENCE It is the failure to observe for the protection of the interests of another person that degree of care,
precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
DILIGENCE It is the care, caution required of a person in a given situation

ART. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a
good father of a family, unless the law or the stipulation of the parties requires another standard of care.

SPECIFIC VS GENERIC THINGS

SPECIFIC; it is particularly designated or physically segregated from all others of the same class.
GENERIC; it refers only to a class or genus to which it pertains and cannot be pointed out with particularity.
(1) Natural Fruits These are the spontaneous products of the soil, and the young and other products of animals
(2) Industrial Fruits Are those produced by lands of any kind through cultivation or labor
(3) Civil Fruits These are rents of buildings, the price of leases of lands and other property and the amount of
life annuities or other similar income

Accessions are the fruits of, or additions to, or improvements upon a thing (the principal), e.g., house or trees on a
land
Accessories are things joined to, or included with the principal thing for the latter’s embellishment, better use, or
completion e.g., key of a house; frame of a picture

REMEDIES OF CREDITOR IN CASE OF FAILURE TO DO OR IN CONTRAVENTION OF TENOR OF THE OBLIGATION

1. Failure to do
A. to have the obligation performed, at the debtor’s expense
B. to recover damages
2. Done in contravention of the terms of the obligations
A. be ordered by the Court to be undone
B. To be done at the expense of debtor

DAMAGES ( civil law )

In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury.
1. Right to damages due to the ff:
2. Failure to deliver
3. Fraud
4. Negligence
5. Delay
6. In contravention of the tenor of the obligation

better use, or completion e.g., key of a house;

frame of a picture

REMEDIES OF CREDITOR IN CASE OF FAILURE TO

DO OR IN CONTRAVENTION OF TENOR OF THE
OBLIGATION
1. Failure to do
A. to have the obligation performed, at the debtor’s
expense
B. to recover damages
2. Done in contravention of the terms of the
obligations
A. be ordered by the Court to be undone
B. To be done at the expense of debtor

DAMAGES ( civil law )

In law, damages are an award, typically of money, to
be paid to a person as compensation for loss or
injury.
1. Right to damages due to the ff:
2. Failure to deliver
3. Fraud
4. Negligence
5. Delay
6. In contravention of the tenor of the obligation