LAW ON OBLIGATION AND CONTENTS

CHAPTER 1
Law- Defined as the rule of conduct, just and obligation laid own by legitimate
authority for common observation and benefits

Elements:
 Rule of Conduct
 Just (Purpose of bringing everyone in equal stand)
 Obligatory ( Juridical necessity is to give, to do or not to do)
 Prescribed by legitimate authority
 Ordained for common benefit (Purpose of benefiting everyone in the
country)

Classification
 Natural Law
Physical Law
Moral Law
 Positive Law
-It is a human made laws that everyone is oblige to follow
-It is a Written Law
Constitutional Law-
Administrative Law
International Law
  Private Law
Substantive Private Law
Procedural/ Adjective Law

SOURCES OF LAW
 Legislation
 Precedent
 Custom
 Court Decision

RIGHT (It is the Claim or Title)

-Legal Protection and privileges that individuals have under the law
-A power, privilege or immunity guaranteed under constitution, statue or
decisional law, or recognized as a result of long usage, constitutive of a
legally enforceable claim of one person against the other
OBLIGATION
-Juridical necessity to give to do, or not to do
TYPES OF OBLIGATION
1. Real obligation (TO GIVE)
-Obligation of the debtor or obligator to deliver a thing,
movable or immovable, to the creditor or oblige for the
purpose of transferring ownership or for the use
or possession of the recipient
2. Positive personal obligation (TO DO)
-This obligation of the debtor or obligor to perform some work
or service for the creditor or obligee
 3. Negative personal obligation (NOT TO DO)
-This is the obligation of the debtor or obligor not to perform
some act in favor of the creditor or obligee

CIVIL ACTION
-One by which a party sues another for the enforcement of protection of
the right or the prevention or redress of the wrong

CAUSE OF ACTION
-It is an act or omissions by which a party violates a right or another
COMPLAINT
-A written document alleging the plaintiff claims against opposing party by
which is the defendant

PLAINTIFF
-A person who files the complaint in the court and brings a civil suit in a
court of a law
DEFENDANT
-A person sued in a civil proceeding. He is a person who will required to
answer complaint in court
ESSENTIAL ELEMENTS OF OBLIGATION
1. Passive Subject or Debtor or Obligor
a. The person from whom the obligation is juridically demandable
b. He is the person who has the obligation to give, to do, or not to do
2. Active subject or Creditor or Obligee
a. The person who has the right to demand the fulfillment of the
obligation
b. He is the person who has the right to demand compliance of the
obligation to give, to do, or not to do
3. Object
a. The fact prestation or service, it is the particular conduct of debtor or
obligor which may consist in giving, doing, or not doing something
4. Juridical or Legal tie or Efficient cause or Vinculum Juris
a. It is which creates the relation between the passive subject or obligor
and the active subject or obligee

LAWS ARISE FROM

a. LAWS
b. CONTRACT
c. QUASI-CONTRACT
d. ACT OR OMMISION PUNISHABLE BY LAW
e. QUASI DELICTS

a. LAW
-A rule of conduct, just, obligatory promulgated by legitimate authority
And of common observance and benefit
b. QUASI- CONTRACT
-In latin term means “as if”
-Certain lawful, voluntary and unilateral acts give rise to the juridical
relation of quasi-contract to the end that no one shall be unjustly enriched
or befitted at the expense of another
 KIND OF QUASI- CONTRACT

1. NEGOTIORUM GESTIO
-
2. SOLITIO INDEBITI
-
c. ACTS OR OMMISTION PUNISHABLE BY LAW
-A violation of the law; especially, a wrongful act or omission giving rise to
claim for compensation
d. QUASI-DELICTS
-Whoever by act or omission causes damage to another, there being fault
or negligence is obliged to pay for the damage done