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

What is Juridical necessity?

- Juridical tie
- Non- compliance = legal sanction
- Legally demandable.
• It means that the obligation was not fulfilled when it becomes due and demandable, the aggrieved party may file proper action in court.
What is an obligation TO GIVE? Delivery of a thing to the creditor

• DETERMINATE THING/ SPECIFIC

1. Particularly designated or
2. Physically segregated from all others of the same class
• INDETERMINATE THING/ GENERIC
- Something that has reference only to a class or genus and cannot be pointed out with particularity
What are the obligations of the debtor in an OBLIGATION TO GIVE?

• DETERMINATE THING
1. To deliver the thing
2. To take care of the thing with proper diligence of a good father of a family (ordinary diligence)- if the debtor is obliged to do
something, he must take good care of it as if he is the owner. Thus, he must answer for damages that may occur.
3. To deliver all accessions and accessories
- Accessions is anything that is produced or attached to a thing, either naturally or artificially. Like the plants in land.
- Accessories are necessary for the perfection, use and preservation of a thing. Like the tools and spare parts in a machine; the keys in the
house.
4. To pay damages in case of breach of the obligations
• INDETERMINATE THING
1. To deliver a thing which must be neither superior nor inferior quality
2. To pay damages in case of breach of the obligation
What is an obligation TO DO? Simply covers all kinds of works or services.
What is an obligation NOT TO DO? Refraining from doing some acts
What are the elements of an obligation?
1. ACTIVE SUBJECT: refers to the CREDITOR in an obligation to give and OBLIGEE in an obligation to do. Creditor has the right to demand
fulfillment of obligation.
2. PASSIVE SUBJECT: refers to the DEBTOR in an obligation to give and OBLIGOR in an obligation to do.
3. OBJECT/PRESTATION: refers to the subject matter of the obligation or the conduct required to be observed by the debtor.
4. JURIDICAL TIE/ EFFICIENT CAUSE: refers to the legal tie which binds the parties to the obligation, likewise, known as vinculum juris.
Kinds of obligations
A. Viewpoint of sanctions
1. Civil obligations
2. Natural obligations- voluntary fulfillment of the debtor that allows the creditor to repay the debtor. Based on equity or natural law. It does
not have the right of action to enforce performance.
3. Moral obligation- the law of the church. Sanction by morality.
B. Viewpoint of performance
1. Positive- to give or to do
2. Negative- not to do
C. Viewpoint of subject matter
1. Real obligation- to give
2. Personal obligation- to do or not to do
D. Viewpoint of persons obliged
1. Unilateral- where only one parties is bound
2. Bilateral- where both parties are bound
Article 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless
the law or the stipulation of the parties requires another standard of care.
I. PRESERVE THE THING
General rule: debtor must exercise diligence of a good father of a family
Unless: the law or stipulation requires different standard of care
Note: it does not apply to generic thing because you don’t need to give a specific thing. Therefore, if the thing is damage or loss, you can replace it
again without violating your obligations. Whereas, if that thing is specific, as a debtor you must take good care of that thing.
Article 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right
over it until the same has been deliver to him.
What are kinds of fruits?

• Natural – spontaneous product, these are not produced through labor

• Industrial- cultivation/labor, there is human intervention.
• Civil- Juridical Relation ex. Rent
When does the obligation to deliver arises?
- Perfection of the contract
- Term arrives or conditions happens
- Provisions of the law applicable
REAL RIGHT- is enforceable against the whole world
PERSONAL RIGHT- enforceable only to a particular person
To simplify….

• Prior to delivery- right is merely personal

• After delivery- creditor acquires real right
Article 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have
been mentioned.
Article 1246. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been
stated, the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the
obligation and other circumstances shall be taken into consideration.
Article 1165. when what is delivered is a determinate thing, the creditor, in addition to the right granted him by article 1170, may compel the
debtor to make the delivery.
If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor.
– if the thing is generic, it is not necessary for the creditor to compel the debtor to make delivery, although he has an option to ask for specific
performance, he may also ask that the obligation be complied with at the expense of the debtor. (It can be done with someone else at the expense
of the debtor) can be called as substituted performance.
If the obligator delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be
responsible for any fortuitous event until he has effected the delivery.
 - The fortuitous event will not make exemptions on the debtor to his responsibility.
- Fortuitous event is unforeseen event or, if foreseen, inevitable. Also called as act of God if due to natural occurrence like earthquake or force
majeure if caused by man like war.
• Ordinary delay
- Failure to perform an obligation on time
• Legal Delay/ default
- Failure to perform the obligation on time which constitutes breach of the obligation. (if the demand is made to deliver on that day but failed
to do so. Thus, the debtor is liable despite of the fortuitous event and the obligation to deliver that thing is now converted to monetary
claims for damages.)
Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. (positive personal obligation)
This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been
poorly done be undone.
Article 1168. (Negative personal obligation) when the obligation consist in not doing and the obligor does what has been forbidden him, it shall
also be undone at his expense.
Article 1170. Those who in performance of their obligations are guilty of fraud, negligence, or delay and those who in any manner contravene the
tenor thereof, are liable for damages.
Kinds of damages
M- moral (moral sufferings like physical sufferings, anxiety)
E- exemplary (damages for corrective measures, to set an example para hindi tularan)
N-Nominal ( to vindicate a right, minimal amount)
T- temperate (awarded when the exact amount cannot be determine)
A-Actual (the number of actual losses)
L- Liquidated ( in case of breach, the damages will be paid at the amount agreed upon by parties )

• Fraud/ Dolo- intentional, deliberate intent to avoid obligation

Article 1171. responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void
 2 kinds of fraud:

• Obtaining consent (Deceit)

• Performing an obligation (malice)
Negligence/ Culpa
Article 1172. responsibility arising from negligence in the performance of every kind of obligation is also demandable, but such liability may be
regulated by the courts according to the circumstances. (Negligence has no bad faith or deliberate intent, the court has a decretion in fixing
damages)
Article 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and
corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith , the provisions of Article 1171
and 2201 par 2 shall apply.
- The law wants to use that degree of care and diligence expected of a prudent and reasonable man under similar circumstances.
- Negligence results in improper performance but is characterize by lack of care unlike fraud which is characterized by malice.
2 kinds of negligence

• Simple
• Gross- present na yung bad faith
3 types of negligence

• Culpa aquiliana
• Culpa contractual
• Culpa criminal