Obligation - is a juridical necessity to give, to do or - To deliver either a specific or determinate

not to do thing or a generic or indeterminate thing

Elements of an obligation
a. Active subject (obligee/creditor)
- The person who has the right or Personal Obligation
power to demand the prestation - Obligation to do = positive
b. Passive subject (obligor/debtor) - Obligation not to do = negative
- The person bound to the perform the Fraud
prestation - Deliberate or intentional evasion of the
c. Prestation (object) normal fulfillment of an obligation
- The conduct required to be observed Negligence
by the debtor/ obligor - Omission of that diligence which is required
- To give, to do, or not to do by the nature of the obligation and
d. Vinculum Juris corresponds with the circumstances of the
- Juridical or legal tie ; Efficient Cause person, of the time and of the place
- That which binds or connects the -
parties to the obligation
Sources of Obligations
a. Laws
- Must be expressly or impliedly set
forth and cannot be presumed
b. Contracts
- Is a meeting of minds, between two
persons whereby one binds himself,
with respect to the other, to give
something or to render some service
c. Quasi-Contracts
- Juridical relation resulting from
lawful, voluntary and unilateral acts,
which has for its purpose, the
payment of indemnity to the end that
no one shall be unjustly enriched or
benefited at the expense of another
-
d. Delicts
- Acts or omissions punished by law;
crimes
e. Quasi-Delicts
- Voluntary acts or omissions with
fault or negligence causing damage
to another; not a crime nor a
contract
Negotiorum Gestio
- Officious or voluntary management of the
property or affairs of another without the
knowledge or consent of the latter
Solutio Indebiti
- Undue payment
- The juridical relation arises when: a thing is
received without any right; and the thing
delivered by mistake
Felony
- Person criminally liable for felony is also
civilly liable
Real Obligation
- To give