OBLIGATIONS

– Juridical necessity to give, to do, or not to do.

ELEMENTS OF OBLIGATION:
Active Subject – Creditor/Obligee
Passive Subject – Debtor/Obligor
Prestation – Object/Subject Matter
Efficient Cause – Legal/Juridical Tie
SOURCES:
1. Law – there should be a law, can’t be
presumed.
2. Contracts –
Meeting of minds > Offer > Accepted
3. Quasi-Contracts – no meeting of minds
a. Solutio Indebiti – undue payment.
b. Negotiorum Gestio – unauthorized
management.
4. Delicts (Crimes) - acts or omissions
punishable by law, if accused:
a. Convicted – civil & criminal
obligation.
b. Acquitted – civil obligation only.
Did not commit act, no civil obligation.
5. Quasi-delicts – tort, culpa, negligence.
Start Result
Quasi-Contracts Lawful Benefit
Quasi-Delicts Lawful Injury/Damages
Delicts Unlawful Injury/Damages
TO GIVE: (POSITIVE, REAL)
Whether specific or generic, you can’t go to
the court for specific performance in case of
refusal.
Specific – CAN’T be extinguished through
other parties.
Generic – CAN be extinguished through
other parties.
TO DO: (POSITIVE, PERSONAL)
Specific performance by court NOT allowed
in case of refusal, ONLY damages are
allowed because of breach of contract.
NOT TO DO: (NEGATIVE, PERSONAL)
Anything done shall be undone at the
Debtor’s expense.
FRUITS:
Determinate thing: right belongs to Creditor
from the time the obligation to deliver
arises.