ART.

1156
Juridical (Legal) Pure Obligation - Upon Perfection (Contract and
● To give - real rights (enforceable against 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 Accessions
Sold - Contract of Sale - for improvement but not necessary
4 Elements of Obligations:
● Passive - Giver Both are dependent on the Principal Thing
● Active - Receiver
● 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 expense of
● Object - determinate and generic 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
Delay (grounds) - ‘there would be no delay if
fraud
there’s no demand’
● 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
Exceptions:
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
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
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
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.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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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 are
1. If the thing is generic subject in one way or another to any fulfillment of a
2. Risk (nature) 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, I- 5. Mixed
10) 6. Impossible and Possible Conditions
1% — w reservation to interest (P-500, I-0) ● Impossible Conditions -
Valid but not agreed upon
10.0 - 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 party) ART. 1189
3. Accion Pauliana - protects the debtor
Loss Deterioration Improvement
from defrauding the creditor
Through Debtor’s Creditor will Creditor’s
the liability is suffer from benefit
fortuitous extinguished deterioration
ART. 1178 event
All rights are transmissible nature/loss

Through Debtor is Creditor may Creditor,

Exceptions: the liable for choose debtor, and
1. Prohibited by law debtor’s damages between both will
fault/ - rescission benefit
2. Agreed by the parties action loss and damages
3. Nature of Rights - fulfillment
and damages

On Improvement:
ART.1179
- Can remove improvement (accessory)
without damaging the principal thing
Pure Obligation - one which subjects to any
condition and no specific date.
● 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.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)
ART.1204
It is always stated in the obligation if the
obligation is joint or solidary
Resolutory Period - Obligation had been done/
currently doing
Solidarity
Suspensive Period - Future Obligation
- bound by ‘mutual trust
(Obligation Arises)
- Under a law
- Each one of the debtors is bound to
Condition - Waiting for the obligation to arise Period
render
- Obligation is fixed
Characteristics of solidary
Debtor can deliver in advance, but can't be
- All for one, one for all
accepted by the creditor unless the creditor
- Unity of Object
allows it.
- Morality of ties

The creditor can demand delivery, but can't force

Kinds of Solidarity
the debtor to deliver
1. According to the parties bound
● Passive (multiple debtors) - the creditor
can demand obligation from multiple
debtors, or one of the debtors
ART.1206
● Active (multiple creditors)
● Mixed (multiple debtors and creditors)
Alternative Obligation - there are options (e.g;
necklace, ring, bracelet)
2. According to the sources
● Conventional solidarity
Simple Obligation - only one object can be
● Legal solidarity
delivered (e.g; necklace)
● Real solidarity
Facultative Obligation - There is the existence of
Joint - Joint - one for one Joint
a principal thing and substitute (e.g; Principal thing
- Solidary - all for one Solidary
is Necklace, Substitute is bracelet or ring)
- Joint - one for all Solidary -
Solidary - all for all
Right of Choice - belongs to the debtor unless
expressly given to the creditor
Joint Indivisible - one demand for obligation
Limitations:
Solidary Divisible - prohibited by law Indivisible
- The debtor must completely perform the
- Full payment (debtors)
prestation chosen
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)
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?
- To place stipulated
ART.1229 - Determinate - constitute - where the
contract was signed
Penalty - - General - the place of the creditor
penal clause
- 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
Penal Clause extinguishing the debtor’s obligation
- Accessory whereby property is alienated to the
- Performace or liquidated damage
creditor in satisfaction of a debt in
- Damage and interest
money.
2. Payment by sessions
3. Application of payment
4. Tender of payment and consignation 5.
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)
- Obligation is partly liquidated and partly
unliquidated
- Aware of irregularity and incomplete
- Payable to a specific person - no third
party
- Payable to bearer - generic