Janna Mari C.

Frias

BSAIS 2nd year

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

An obligation is somewhat like paying taxes, it is enforced to comply, to give or to not do even
when you do not want to. It means that you are responsible of certain things that you have committed
to do or not, to certain persons who are affected in the subject matter/prestation.

An obligation is to exist if all the essential elements of an obligation is met. The first element is
the passive subject wherein he/she is the one who is obliged to fulfill the obligation or duty to the
oblige. The second element is the active subject wherein he/she is the one who demanded the
obligation to be fulfilled by the passive subject/debtor. The third element is the prestation, this is the
very reason why the obligation exists. It is the conflict or disagreement of both the parties concerned.
Last is the Juridical Tie or Efficient cause, this typically means the connection or the bind of the two
parties on their obligation on the particular prestation.

For example:

Jenny borrowed P1,000 from Kelly. Jenny and Kelly agreed that she is to pay Kelly at the
end of the week.

In this situation Jenny is the Passive subject, in which she borrowed money from Kelly and needs
to return the same amount of money to her at the end of the week.

Meanwhile, Kelly is the Active subject who lent Jenny the money.

The money (P1,000) is the subject matter of the obligation.

The agreement of Jenny to pay Kelly P1,000 at the end of the week and the subject matter,
itself, the money is the source or connection on why the juridical tie exists.

ARTICLE 1157. Obligation arise from:

(1) Law
(2) Contracts
(3) Quasi-contracts
(4) Acts or omissions punished by law
(5) Quasi-delicts
Law is an enforced obligation to be complied whether liked or not. It is both obligatory and just.

Ex: To give financial support on a child, to apply for a business permit

Contracts according to (ARTICLE 1305) A contract is a meeting of minds between two persons whereby
one binds himself, with respect to the other, to give or to render some service.

A contract is an agreement between two persons who are concerned on a given subject matter.
Wherein they both agree to their respective terms.

Contract and Obligation differ in terms of:

1. A Contract is a meeting of two minds wherein they bind themselves to an agreement in

respect of both parties that would end up in an obligation.
2. Obligations do not only come from Contracts, but from different other sources. On the other
hand, Contracts always end up in obligations.
3. An Obligation is an enforced duty to fulfill an action, while a Contract is an agreement
between two minds upon the proposal of one party.

Ex:

Callie has applied for a job in Linda Co. She was accepted for the job and has signed an
agreement in which she is to fulfill her respective duties with a reasonable salary or amount and
along with terms that concern the company’s policies and objectives.

In this case, Callie and Linda Co. are the two minds that had met or agreed.

Linda Co. offered a reasonable salary/amount to Linda in which she is to fulfill her duties and the
terms of the company.

Callie signed the agreement, which means the contract is now agreed upon and an obligation
has appeared for Callie.

Quasi-contracts happen when one party voluntary acts upon self-beneficiary in the expense of
another person. It is a contract that has no given consent to a party, but one may benefit or
both (after agreed upon).
Example:

Pinky owns a house. Her neighbor is Candice.

One day, while pinky was out for work. A fire broke out nearby their houses. Candice, knowing
her neighbor is out for the day, went to move some things out inside of Pinky’s home. Although,
Pinky did not give Candice consent to do such things when emergency happens, Pinky is to be
liable for Candice.