ART.

1156
Juridical (Legal) Pure Obligation - Upon Perfection (Contract
● To give - real rights (enforceable against and Agreement)
the whole world) generic
● To do - personal rights (enforceable With Period and Condition - upon fulfillment or
against a specific person) specific arrival
● Not to do
Accessories - for better use
Sold - Contract of Sale Accessions - for improvement but not
4 Elements of Obligations: necessary
● Passive - Giver
● Active - Receiver Both are dependent on the Principal Thing
● Object - Subject Matter ______________________________________
● Vinculum - Contract/ Conditions that
bind 2 persons. ART. 1164
“Diligence of a good father of a family”
Natural Obligation - Ethical values
Civil Obligation - Under the law Obligations:
______________________________________ 1. Deliver the thing
- Fruits
ART. 1157 - Obligations arise from: - Accessories and accessions
- Law - To practice due
- Contracts diligence/ordinary
- Quasi-contract
- Delicts Remedies of Creditor:
- Quasi-delicts To deliver
● Determinate (not replaceable)
Quasi-contract - no consent (enforceable) 1. Demand delivery
● Negotiorum Gestio (Gestor) - Voluntary 2. Demand damages
handles business affairs
● Solution Indebiti - payment by mistake ● Generic (replaceable)
______________________________________ 1. Demand delivery at the expense
of the debtor
ART.1162 2. Demand damages
Delict (3 elements of crime)
1. Damage To render service
2. Intention ● No performance
3. Violation of Law 1. Demand execution at the
expense of the debtor
Quasi-delict - Unintentional (Culpa Acquiliana) 2. Demand damages
Negligence
● Performed but contravention of tenor
Nature and Effects of Obligations 1. Demand execution at the
● Object - determinate and generic expense of the debtor

Obligation to deliver ●
Performed but poorly done
● Pure Obligation 1. Demand some be undone
● With Period and Condition 2. Demand damages
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Kinds of Damages
● Actual/Compensatory - Money Involved
● Moral - emotional and psychological
● Nominal - vindicate a right (proved
innocence)
● Temperate or Moderate - between Moral
and Nominal
● Liquidated - breach of contract
● Exemplary/corrective - to set an
example for others
______________________________________
ART.1169
Fraud (dolo)
● Dolo causante - consent
● Dolo incense - consent w history of
fraud
● Dolo in performance
● Past fraud
● Future fraud
Negligence
● Culpa Acquiliana - unintentional
● Culpa Contactual - Negligence of
servant is the negligence of the master
● Culpa Criminal - one who committed the
crime
Delay Default (mora)
Obligation not to do - no delay
● Mora Solviendi - default on the part of
the debtor/obligor
● Mora Accipiendi - default on the part of
the creditor/obligee
● Compensatio Morae - default on the
part of both the debtor and creditor in
reciprocal obligations
______________________________________
ART.1170 - voluntary breach of contract
1. Fraud (deceit or dolo) - intentional
evasion of the normal fulfillment (bad
faith)
● Incidental fraud - done at the
performance of the obligation
● Causal fraud - whilst the
contract
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2. Negligence (fault or culpa) - any
voluntary act or omission (not exercising
DGFF)
● Cross negligence
3. Delay (mora) - Essence of time
(non-performance/payment after
demand)
● Ordinary - common mistake
● Legal delay - breach of contract
4. Contravention of the terms of the
obligation - failure to fulfill the
obligation/contract
● Breach of Contract
Delay (grounds) - ‘there would be no delay if
there’s no demand’
1. An obligation is demandable and
already liquidated
2. The debtor does not perform an
obligation
3. The creditor has no demand from the
creditor
4. Debtor fails to do or to give on such
demand
Exceptions:
1. If the law provides
2. If agreed upon
- the obligation fixed the time.
- If it’s the nature of an obligation.
3. Reciprocal obligation
- cause arises from the same
cause
- If one performs his part of the
obligation
______________________________________
ART. 1174
Fortuitous Event - any extraordinary event that
cannot be foreseen
1. Acts of Man - crime
2. Acts of God - natural disasters
● Ordinary - common, could reasonably
be foreseen (rain)
● Extraordinary - uncommon, could not
have reasonably foreseen (earthquake,
wars)
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Exceptions: Conditional Obligation - whose consequences
1. If the thing is generic are subject in one way or another to any
2. Risk (nature) fulfillment of a condition.
3. As stated in contract
4. Rejected - determinate Classifications:
1. Resolutory - extinguished (current
L - Law obligation)
A - Agreement 2. Suspensive - arise (future obligation)
N - Nature 3. Prostate
______________________________________ ● Debtor - Resolutory - Valid
Debtor - Suspensive - Void
ART. 1176 ● Creditor - Resolutory - Valid
Presumption of Law Creditor - Suspensive - Valid
A→B 4. Cascal: Will of 3rd person
1,000 — w reservation to the principal (P-490, 5. Mixed
I-10) 6. Impossible and Possible Conditions
1% — w reservation to interest (P-500, I-0) ● Impossible Conditions - Valid
_____ but not agreed upon
10.00 - Fruits 7. Positive (certain) and Negative
______________________________________ (uncertain)
8. Divisible and Indivisible
ART.1177 ● Divisible - the condition can be
Property performed independently
1. Pursue Property (except those ● Indivisible - condition cant be
exempted by law) performed anymore
2. Accion Subrogatoria - the creditor
whose claims had not been fully
satisfied, may go after the debtors (3rd ART. 1189
party)
Loss Deteriorati Improvem
3. Accion Pauliana - protects the debtor on ent
from defrauding the creditor
______________________________________ Through Debtor’s Creditor Creditor’s
the liability is will suffer benefit
ART. 1178 fortuitou extinguis from
All rights are transmissible s event hed deterioratio
nature/lo n
ss
Exceptions:
1. Prohibited by law Through Debtor is Creditor Creditor,
2. Agreed by the parties the liable for may debtor, and
3. Nature of Rights debtor’s damages choose both will
fault/ between benefit
action - rescission
loss and
damages
ART.1179 - fulfillment
and
Pure Obligation - one subject to any condition damages
and no specific date.

On Improvement:
 - Can remove improvement (accessory)
without damaging the principal thing
● Unilateral Obligation - one-way
obligation
● Reciprocal Obligation - Specific
obligation should be followed
- Rescission and damages
- Fulfillment and damages
Usufruct - both creditor and debtor will benefit
ART.1204
Resolutory Period - Obligation had been done/
currently doing
Suspensive Period - Future Obligation
(Obligation Arises)
Condition - Waiting for the obligation to arise
Period - Obligation is fixed
Debtor can deliver in advance, but can't be
accepted by the creditor unless the creditor
allows it.
The creditor can demand delivery, but can't force
the debtor to deliver
ART.1206
Alternative Obligation - there are options (e.g;
necklace, ring, bracelet)
Simple Obligation - only one object can be
delivered (e.g; necklace)
Facultative Obligation - There is the existence
of a principal thing and substitute (e.g; Principal
thing is Necklace, Substitute is bracelet or ring)
Right of Choice - belongs to the debtor unless
expressly given to the creditor
Limitations:
- The debtor must completely perform the
prestation chosen
ART.1207-1208
Individual Obligation - one debtor, one creditor
Collective Obligation - joint (one debtor &
multiple creditors, multiple debtors & one
creditor, multiple debtor and multiple creditors)
Joint - General (one is to all)
Solidary - Determinate/specific ( all is to all -
existence of reimbursement exists)
It is always stated in the obligation if the
obligation is joint or solidary
Solidarity
- bound by ‘mutual trust
- Under a law
- Each one of the debtors is bound to
render
Characteristics of solidary
- All for one, one for all
- Unity of Object
- Morality of ties
Kinds of Solidarity
1. According to the parties bound
● Passive (multiple debtors) - the creditor
can demand obligation from multiple
debtors, or one of the debtors
● Active (multiple creditors)
● Mixed (multiple debtors and creditors)
2. According to the sources
● Conventional solidarity
● Legal solidarity
● Real solidarity
Joint - Joint - one for one
Joint - Solidary - all for one
Solidary - Joint - one for all
Solidary - Solidary - all for all
Joint Indivisible - one demand for obligation
Solidary Divisible - prohibited by law
Indivisible - Full payment (debtors)
ART.1225
4 Instances of Obligations
1. Obligation to give definite things
2. Obligations that are not susceptible to
partial performance (intangible)
3. Obligations provided by law to be
indivisible even if thing or service is
physically divisible (under a law)
- Obligation is partly liquidated and partly
unliquidated
- Aware of irregularity and incomplete
- Payable to a specific person - no third
party
- Payable to bearer - generic
2. Who shall pay?
- Debtor - 3rd person - agreement
- Have interest/ will benefit on payment
- Predisposal of the thing due
- Capacity to alienate and pre-disposal
3. To whom shall pay?
- Creditor - 3rd person - can be paid as
long as there is consent or agreement

4. Where to pay?
ART.1229 - To place stipulated
- Determinate - constitute - where the
Penalty - contract was signed
penal clause - General - the place of the creditor
- Assurance that debtor will comply
- Provide liquidated damage

Partly complied - partial performance

(“regular”) Special Forms of payment:
Iniquitons - No performance 1. Dacion en pago - mode of extinguishing
Penal Clause the debtor’s obligation whereby property
- Accessory is alienated to the creditor in satisfaction
- Performace or liquidated damage of a debt in money.
- Damage and interest 2. Payment by sessions
3. Application of payment
4. Tender of payment and consignation

ART.1232

Creditor - Obligee
Debtor - Obligor
Payment - performance

Payment:
1. How shall be made?
- Proper payment
- There is a rendition of service or
delivery of the thing due
- It must be completed (if there is
agreement)