BAC 2 LESSON 2

Good day.
As what we have discussed, state law is classified as law in the strict legal sense and it is where
obligations and contracts belong; so, we will now start with obligations . . . . . according to . . .

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

Obligation as a term, is derived from latin word “obligatio” which means tying or binding. So, it
is a tie or bond recognized by law in which one person is bound in favor of another to render
something – and – this consist in:

 giving a thing
 doing a certain act – or
 not to do a certain act

Juridical necessity – means – in case of non-compliance the court of justice may be called by
aggrieved party to enforce fulfillment, so the debtor shall also be liable for damages.

Essential Requisites of an Obligation:

1. Passive subject (called debtor or obligor)
 this is the person who is bound in fulfilling the obligation
 he is the one who has the duty
2. Active Subject (called creditor of obligee)
 the person who is entitled to demand the fulfillment of the obligation
 he is the one who has the right
3. Object or Prestation
 subject matter of the obligation
 consist in giving, doing or not doing
4. A juridical or legal tie (efficient cause)

Obligation, right & wrong distinguished

Obligation – is the act or performance which the law will enforce

Right – is the power which a person has, under the law, to demand from another any prestation

Wrong (cause of action) – is an act or omission of one party/person in violation of the legal
right(s) of another
 Kinds of Obligation according to subject matter

1. real (obligation to give)

 the subject matter is a thing
2. Personal obligation (obligation to do or not to do)
 an act to be done or not to be done

Article 1157 Obligation arise from:

1. Law – impose by law

2. contracts
3. Quasi-contracts – ex. – obligation to return the money paid by mistake
4. act or omission punished by law

*Article 1159 Obligations arising from contracts have the force of law between the
contracting parties and should be complied with, in good faith

 Obligations arising from contracts have same binding effect imposed by laws
 Contract must be valid, thus, it is
 not contracting to law
 not contracting to good customs
 not contracting to public order/public policy

 Compliance In good faith

 means - compliance or performance with stipulation or terms of the
contract/argument
 there must be the presence of sincerity and honesty to prevent the taking of
unfair advantage

Obligation arising from quasi-delicts

 is an act or omission of a person which causes damage to another in his person,

property or rights giving rise to an obligation to pay for damage done, there being fault
or negligence, but there is no pre-existing contracted relation between the parties
 Distinction between

Crime Quasi-delict

1.there is criminal or malicious intent -theres only negligence

2. purpose is punishment -purpose is indemnification of

offended party

3. affects public interest -concerns private interest

4. there are generally 2 liabilities, -only civil liability

criminal and civil

5. criminal liability can not be compromised/ -liability can be compromised by themselves

settled by parties themselves

6. the guilt of accused must be proved beyond -the fault or negligence need only be
proved by preponderance
(superior/greater weight) of evidence